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HomeMy WebLinkAboutC-9598-2 - Water Well Rehabilitation Tamura Shallow, Dolphin Shallow and Dolphin DeepCITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 10:00 AM on the 24th day of October, 2024, at which time such bids shall be opened and read for WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 $2,650,000 Engineer's Estimate proved games M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 MANDATORY PRE -BID SITE WALK: A mandatory job walk will be conducted for this project on October 9, 2024 at 10:00 AM. Located at 9649 Dolphin Ave. Fountain Valley, CA 92708 Contractor License Classification required for this project: "C-57" Water Well Drilling For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/qovernment/data-hub/online-services/bids-rfps-vendor- reqistration City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 22 CONTRACT.................................................................................................................. 23 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope before the bid opening) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractorshall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 11770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed, for each craft, classification, or type of workman or mechanic needed, to execute the contract. A copy of said, determination is available by call'ing the prevailing wage hotline number (4115) 703-4774, and' requesting one, from the Department of Vndustrial Relations. All parties to the contract shall' be governed, by all' provisions of the California Labor Code — includingi, but n©t limited, to-, the requirement to pay prevailing wage rates (Sections 11770-7981' inclusive). A copy of the prevailing wage rags shall l be posted by the Contractor at the job) site. 9. The Contractor shall be responsible for insuring, compiiance with provisions of Section 11777.5 of the Labor Code Apprenticeship regpirements and Section, 410'01 et seq. of the Public Contracts Code,, "Subletting and, Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion, If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been revi� 496765; Eng A, C57, C61 /D21 i/ zj-�" 5--,- Contractor's License No. & Classification Authorized 5ignatureMt1 100002769, exp. 06/30/26 10/24/24 DIR Registration Number & Expiration Date Date General Pump Company, Inc. Bidder 5 City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW,_ DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Amount Bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of WATER WELL REHABILITATION, TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP, Contract No. 9598-2 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 24th day of October 2024. General Pump Company, Inc. Name of Contractor (Principal) Atlantic Specialty Insurance Company Name of Surety 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Address of Surety (860) 430-3326 Telephone Authorized Signatureffitle Authorized Agent Signature Matthew Cocco, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) �Q �4pAP4RgrF��; _-� SEAL iu 1986 p y .VFW Yoa��ay, ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of 9" Conncecticut County of Hartford } ss. On October 24 , 2024 before me, Aiza Anderson Notary Public, personally appeared Matthew Cocco who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Aiza erson, Notary Pubfic (seal) My Commission Expires: December 31, 2028 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LQtA-Wafer )SS' On VC4-0ber zy . 20 Z d4 before me, A,n ck orl l ne NAelo Notary Public, personally appeared �i who proved to me on the basis of satisfactory eviden a to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. +•AMY CHARLINE SOTELO WITNESS my hand official seal. /{A Public - NoLosrAnjelesCountynln _ commission N 2438393 Gy Comm. Expires Feb 16, 2027 Signature ACKNOWLEDGMENT A notary public or other officer completing this Certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of t ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1.1 (seal) ihtact INSURANCE KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Joseph B. Smith, Christopher Komanetsky, Matthew Cocce, Wendy Krystopa, Aiza Anderson, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surely, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory In the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they, had been fully sighted by an authorized officer of die Company and sealed with die Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCF COMPANY an the twenty-fifth day of September, 2012; Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix tire seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-iu-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Anomey-in-Fact and revoke all power and authority given to any such Attorney-fn- Facl. Resolved: That the Altomev-in-Fact may be given full power and authority to execute for and in the name and on behalf of die Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, futtlier, the Attomey-in-Fact is hereby authutfzed to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed anti sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or die Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Pact for purposes only of executing anti sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same forte and effect as though manually affixed. iN WITNESS WYERF.OF, ATLANTIC SPECIALTY iNSURANCE COMPANY has Caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. P'41 Y • j1Jgv9y�; PQkc'\ GQpPORgtrr 9 ni:E =y SEAL m, u 'r 1986 0 BY STATE OF MINNFSOTA %b� �Fw roP+ a?' Sarah A. Kolar, General Counsel HENNEPIN COUNTY '1 t is „► yr Oil this first day of January, 2023, before me personally came Sarah A. Kolar, General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the some, and being by me duly swom, that she is the said officer of the Company aforesaid, and that the seal affixed to the Preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON OWAN NASN-TROUT NOTARY PUBLIC-MINNESOTA My Commission Expires January31, 2Q26 Notary Public 1, the undersigned.. Secretary of ATLANTIC. SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dared 24th day of October 2024 �`PLgY INSV9� f4�G GaHPOHglf~(',5 SEAL mt `u 1986 01 This Power of Attorney expires VNz4Fry vot'� aby,�3 January 31, 2025 \% h , J N � '-1 Kara Barrow, Secretary Pleitsv direct build vofifirutlurls to suirty�Nntnuxfttsur tnee.eutn City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 DESIGNATION OF SUBCONTRACTORS? - AFFIDAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Q General Pump Company, Inc. 11"6-kl Bidder Autho ed Signatureflt) 9 City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name General Pump Company, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Ventura Saticoy CC Well 2 Project Name/Number Project Description New Pump Approximate Construction Dates: From Agency Name Travis Agriculture Contact Person Earwin Bihis 2023 To: current Telephone (805) 647-7211 Original Contract Amount $ 390647 Final Contract Amount $ In process If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. no 10 No. 2 East Complex South Well Project Name/Number Project Description Well Rehabilitation Approximate Construction Dates: From 2022 Agency Name West Valley Water District Contact Person Joe Schaack To: 2023 Telephone (909)936-4584 Original Contract Amount $154,205 Final Contract Amount $161,433.97 If final amount is different from original, please explain (change orders, extra work, etc.) Original work scope changed to include extra work. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Beverly Manor Well Project Name/Number Project Description Well & Pump Rehab Approximate Construction Dates: From 2022 Agency Name Seal Beach, City of Contact Person Iris Lee To: current Telephone (562)431-2527 Original Contract Amount $ 654 355 Final Contract Amount $ in process If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 11 No. 4 Well 12 Project Name/Number Project Description Well Rehabilitation Approximate Construction Dates: From 2022 Agency Name Chino, City of To: 2023 Contact Person Tomas Himaya Telephone 1909)334-3441 Original Contract Amount $ 892375 Final Contract Amount $ 892,375 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Well 11 Project Name/Number Project Description Well Rehabilitation Approximate Construction Dates: From 2023 To: current Agency Name Fountain Valley, City of Contact Person Kyle Hilton Telephone (714) 593-4516 Original Contract Amount $ 592730 Final Contract Amount $ in process If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. no 12 No. 6 Project Name/Number Well 4-15 Project Description Well Rehabilitati Approximate Construction Dates: From 2023 To: Current Agency Name LA County Departmen of Public Works , Contact Person Harut Mesropyan Telephone (626) 158-4129 Original Contract Amount $ 203,735Final Contract Amount $ in process If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. See attached Key Personnel Upon request, the Contractor sufficiently comprehensive to conditions. General Pump Company, Inc. Bidder shall attach a financial statement and other information permit an appraisal of the Contractor's current financial 13 Authorized SignatureMe e tNE MJ COMPANT, KEY PERSONNEL PETER H. BROOKS, CHIEF EXECUTIVE OFFICER Academic Harvard University: Bachelor of Arts; Dual Master of Business Administration Background and Master Public Policy. Professional Peter Brooks is a water industry executive with 16+ years of management experience Experience across the industry, where he has worked on disaster response and treatment plant operations as the leader of waterTalent; advanced water treatment and wastewater reuse at Xylem, Inc.; and in -conduit hydropower at NLine Energy. He is a former US Marine infantry officer, two-time Iraq War veteran, Fulbright Scholar, and an award -winning water policy instructor at Harvard where he also received an AB (High Honors) and MBA-MPP. Peter is a frequent speaker at water industry events and his writing and work have appeared in the Los Angeles Times, National Public Radio, and several water and wastewater industry publications including AWWA OpFlow, WEF Water & Environment Technology, and Water Online. He has given water industry presentations at Imagine H2O, Water Environment Federation WEFTEC, Association of Boards of Certification, American Water Works ACE, California Municipal Utilities Association, AWWA CA -NV, the Water Technology Summit, among others. MICHAEL G. BODART, DIRECTOR OF ENGINEERING Academic University of Missouri - Bachelor of Science in Civil Engineering Background Post Graduate C.E. Courses in Geohydrology, University of Southern California Certifications 1999-Byron Jackson Training Certificate 1998-Grade 1 & 2 Distribution and Treatment Certificates 1998-Engineering "A" License 1995-Dale Carnegie Course 1995-Mackay Pump Rehabilitation Certificate 1992-Golden State Pump Technical Training Certificate 1990-Completed Graduate C.E. Courses in Geohydrology at U.S.C. 1986-Layne & Bowler Pump School Certification 1986-Baroid 1-week Drilling Fluid Technology Course Certification 1985-National Water Works Correspondence Course Certification Professional General Pump Company, Inc. - Director of Engineering — 2024-Present Experience General Pump Company, Inc. - President / Director of Engineering - 1993-2024 Layne Western - Regional Engineering and Sales Manager (4 offices) Federal Highway Administration - Civil Engineer Professional Michael G. Bodart (Mike Bodart) is recognized as an expert in the field of pump Presentations engineering and well rehabilitation in southern California. He has been invited to speak for numerous professional water -related associations and conventions. Has been speaking professionally for more than 34 years and has presented in nationally known associations such as AWWA, Tri-State, Southern California Water Utility Association, Inland Water Works Association, Groundwater Resources Association and Central Coast Water Association. In 1992, Mike was part of a selected six -person panel of engineers who met in Kansas City to assist in training nationwide engineers in the water well pump business. tONO BHP rMy TIMOTHY S. OMAN, PRESIDENT Academic California Polytechnic State University, San Luis Obispo Background Bachelor of Science in Industrial Technology Professional General Pump Company, Inc. - President — 2024-Present Experience Layne — Division Business Development Manager 2020-2024 Layne — Regional General Manager, Southwest 2018-2020 Layne — Director, Business Development 2017-2018 Layne — District Manager, Central and Northern CA 2014-2017 Layne — Account Manager, Central and Northern CA 2008-2014 Timothy S. Oman is an accomplished water industry executive with over 16 years of management experience. Starting his career at Layne as an Account Manager in the Water Resources Division, Tim led business development efforts across central and northern California before advancing to District Manager, where he oversaw four offices in the region. He later served in key roles as National Director of Business Development and Southwest Region General Manager. In July, Tim joined General Pump Company as its President. Project Experience Drought Relief Protect, Bureau of Reclamation, Central Valley, Ca — Design build project of forty-four water wells including drilling and equipping. Wells ranged in depth from 220 to 1020'. Contract amount: $15,959,262 Well Field Expansion, Sandridge Partners, Strafford, CA — Expansion of existing well field. Design build project with scope of work including drilling and equipping of 10 wells ranging in depth from 640 to 1400'. Contract amount: $10,261,473 JIM BRUNEIO, GENERAL MANAGER Certifications State of California Grade T2 No. 18042 State of Florida Water Well Contractor No.11392 Professional As General Manager of General Pump Company's Camarillo, CA Service Center, Experience Bruneio is charged with managing the day-to-day operations and leading a staff of fourteen employees. Bruneio started his career in the water well business with McCalla Brothers, a Division of Layne Western in June 1989. He spent the first eight years of his career as a field technician. The latter portion of his career was filled with leading people and managing operations in both the Western and Southeastern United States. He was fortunate to have been trained by masters of their trade. Bruneio was instrumental in applying new technologies to regain lost capacity in water wells. His training allowed him to travel and work on high profile projects in ten states in the western US and nine states in the Southeast US. t9,NI Mmir GO M1P__AN_YJ FERNANDO MUNOZ. OPERATIONS MANAGER Certifications Grade 2 - Distribution Certificate Grade 2 - Water Treatment Operator Professional Over 40 years experience of quality control to ensure pumps are ready for installation, Experience scheduling and management of shop and field production crews, and day-to-day management of those Company areas. THOMAS A. NANCHY, SENIOR PROJECT MANAGER Certifications 2004-Byron Jackson Training Certificate 1989-Dale Carnegie Course 1992-Golden State Pump Technical Training Certificate 1986-Layne & Bowler Pump School Certification 1994-Baroid 1-week Drilling Fluid Technology Course Certification 1998-National Water Works Correspondence Course Certification 1994-Goulds Pump Course 2020-BNSF Safety Course Professional Tom Nanchy, Sr. Project Manager, has been in the well and pump industry for over forty Experience (40) years. Throughout his professional career, he has been involved with hundreds of well rehabilitations and is highly regarded in the industry. His wide range of experience allows him to solve many difficult well and pump issues and provide options. He has also spoken at many professional organizations throughout California with regards to well maintenance and well rehabilitations. Tom is AWWA certified pump installer and a certified pump installer for Large Water Systems (NGWA). He is factory trained and certified by Byron Jackson and Cla-Valve. Tom also holds a certificate with the Mine Safety and Health Administration (MSHA). CARLOS FAJARDO, SALES ENGINEER Academic Del Valle University, Guatemala — Bachelor of Science, Civil Engineering Background Professional Over 18 years of experience within the water well and pump industry. Started his career. Background studying water wells at the International School of Well Drilling in Florida. His experience includes working in the shop, field, and office, performing drilling, pump pulls, pump installations, inspections, conducting water well rehabilitations, material procurement, as well as designing water well and pumps. Coordinating with customers, vendors, operations manager, and field crews to ensure project completion in a timely & budget manner. GGHBRIAL PUMP It COWANIT MICHAEL R. GARCIA, VICE PRESIDENT OF PROJECT MANAGEMENT Academic California State University, Fullerton - Master of Science in Mechanical Engr. Background University of Redlands, Redlands - Bachelor of Science in Physics Professional Michael has been working for General Pump Company since 2014, starting as an Background assistant engineer and working his way into his current VP of project management role. Prior to entering the water industry, he was enrolled in a post graduate program where he was studying courses in materials of construction, mechanical design, and computer aided design. While at GPC, Michael has successfully managed and completed hundreds of well rehabilitation projects. In addition, he has spoken at numerous utility and professional water organizations including Southern California Edison, Southern California Gas Company, and Inland Empire Utilities Agency. Currently, Michael is responsible for overseeing the project management department at GPC to ensure efficient project execution and client satisfaction. DANIEL J. PICHARDO, VICE PRESIDENT OF ENGINEERING Academic Seattle University - Bachelor of Science, Civil Engineering, Mathematics Minor Background Professional Coordinate with project managers, operations manager, and senior applications engineer Background for materials procurement for all existing projects. Communicate with vendors and customers for timely delivery. Maintain safety manuals for continued safety compliance. MARK HAAS, PROJECT MANAGER Professional Mark Haas has over 21 years' experience within the well and pump industry and 12 Background industry, 12 years project management. Field experience includes service technician, pump system and electrical diagnostics/repair, Airburst® Operations to include R & D for Frazier Industries and Bolt Technologies for air gun operations and functionality. Over 40 years' experience in machine shop and welding practices. Certified Crane Operator. PAUL RINEHART, PROJECT MANAGER Professional Over 30 years of experience in the well and pump industry. Experience includes working Background in the shop, field, and office, performing pump removals, installations, inspections, conducting pump repairs, material acquisition as well as designing well and booster pumps. Coordinating with customers, vendors, operations manager, and field crews to ensure project completion in a timely manner. t�K9� -A � PWMP 6O M PANY CAITLIN ROWE, PROJECT MANAGER Academic University of Southern California - Master of Science in Engineering Management Background University of Southern California - Bachelor of Science in Industrial and Systems Engr. Professional Caitlin started working for GPC in 2022 as an assistant engineer and project manager. Background She also worked on high-level process improvement to increase internal efficiency within GPC. Prior to entering the water industry, she worked on nuclear survivability experiments for strategic defense systems at Lawrence Livermore National Laboratory. Currently Caitlin coordinates with engineering and operations management to oversee various types of projects to completion. JEFF CORSE, ENVIRONMENTRAL HEALTH AND SAFETY(EHS) MANAGER Academic Columbia Southern University — Bachelor of Science in Occupational Safety and Health Background Fire Science minor Certifications Board of Certified Safety Professionals — Construction Health & Safety Technician (CHST) Board of Certified Safety Professionals — Graduate Safety Practitioner (GSP) Professional Over 15 years of experience in environmental health and safety. Started his career is oil Background and gas exploration supporting all areas of oil and gas from offshore drilling and production to refining. Prior to entering the water industry Jeff worked for large scale manufacturing and construction companies supporting their EHS departments from paper and pulp to heavy manufacturing operations. City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 NON -COLLUSION AFFIDAVIT State of California ) County of Los Angeles ss. Michael Garcia being first duly sworn, deposes and says that he or she is Project Manager of General Pump Company , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the StateofCalifornia the regoing is true and correct. General Pump Company Bidder Autho zed Signature/T' e Subscribed anb*worn to (or affirmed) before me on this day of 2024 by \ satisfactory evidence to be _, proved to me on the basis of rson(s) who appeared before me. I certify under PENALTY OF PERJ paragraph is true and correct. See Attached [SEAL] der the laws of the State of California that the foregoing Notary blic My Commissi xpires: 14 CALIFORNIA JURAT GOVERNMENT CODE § 8202 iil�ihis8s�f+�Y�f?S£�#ff3�i'�H��#',4f{�r€f�F;?:f�'t}3�##?i�f{�t3�i3fi8C�;S��'e?si`fi�34F>ft��8.;1�r8iFRf:4fl}}fSR3�f�'t9}fii�3,`fSC;;��fi4fi4f4+8+�i334fi�80f��t8':�4}�{€s{�`,i4Fi�s�t�Ai4t�3'+4i�3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ins OWA?'� Subscribed and sworn to (or affirmed) before me on this 2 q day of ft t)I W 20�_, by Date Month Year (1) N l 1 6�1lP d R(At U-4lt AMY CHARLINE SOTELO Natary Public - California Los Angeles County (and (2) ). Commission M 24)!!�g) Name(s) of Signer(s) My Comm. EXPlras Feb 16. 2027 Place Notary Seal and/or Stamp Above proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: ##fi'�+rrf{:�#�?S+4rPa13#�a3,4f34€Si�s�;�441,F.:v:`fi:i>89,`SYf34ft>ii"t�3�r3f`is�BVti�*i3s848r�i+ss:tii#i4h�4f�t��rii�"F�?fit"s4�;��3?f#�3??F,�k'4.`-if$'s.ii�:lf#�'£n'I�k�tstr't#�Iua''8#�f�L��3 ©2019 National Notary Association City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 DESIGNATION OF SURETIES Bidder's name General Pump Company, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Broker: Smith Brothers; 68 National Dr., Glastronbury, CT 06033; Matt Cocco, 860-430-33326 Bid Bond Surety: Atlantic Specialty Insurance Company, 605 Highway 169 North, Suite 800, Plymouth, MN 55441, 860-430-3326 Insurance Carriers: Commercial General Liability: Valley Forge Insurance Company Automobile Liability: American Casualty Company of Reading, Pennsylvania Umbrella/Excess Liability: Continental Insurance Company Workers Compensation and Employer's Liability: National Fire Insurance Company of Hartford Pollution/E&O: Nautilus Insurance Co. 15 City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name General Pump Company, Inc. Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2023 2022 2021 2020 2019 Total 2024 No. of contracts 155 168 163 153 154 150 943 Total dollar Amount of 20,000 22,300 20,900 18,850 17,750 16,500 116,300 Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost OSHA log 0 1 2 1 0 0 Workday Cases not available until 2025 No. of lost OSHA log 0 2 0 0 0 0 workday cases not available involving until2025 permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder General Pump Company, Inc. Business Address: 159 N. Acacia St., San Dimas, CA 91773 Business Tel. No.: 909-599-9606 State Contractor's License No. and Classification: 496765: Eng A, C57, C61/D21 Entity Type: Corporation The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date ,o)7,1-1lyt Title e� S �o t Signature of bidder Zg4� Date t o /'-1-1 -4 Title SccrP� Uwf Signature of bidder Date _ Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 4t 9 34}S4:#4i 6fi4? i x �#it£ l+`8tF34 i tvt9�?II�St i 9t3 Eti SF i iifi� 04M??Yifi:? ", --11f;#W9'N#,` ;f+ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California — County of On i b 2r{ �'l,,a before me, �rnu 1 hG�bly�@ Sl9Kl�0_ 1� 4 11`� Date Here Insert Name and Title of the Officer personally appeared Nome(s) of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. AMY CNARLINE SOTELO Notary Publle • Callfom,a Qmy LosAngeles CountyCommisslon N 2438393 comm. Expires Feb 16, 2027 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 'In WITNESS my hand and official Signature OPTIONAL of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nthPr- Signer is Representing: �4F.�t'��4P,#34ti444II4f'�4�i45'14i3sF#'i:3f3�ifF344?4F� �4Fi4is. � ©2019 National Notary Association City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name General Pump Company, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 1 10/ 11 /24 18 City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: General Pump Company, Inc. Business Address; 159 N. Acacia St., San Dimas, CA 91773 Telephone and Fax Number: 909-599-9606 California State Contractor's License No. and Class: 496765; Eng A, C57, C61/D21 (REQUIRED AT TIME OF AWARD) Original Date Issued:08/14/86 Expiration Date:08/31/26 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Michael Garcia, Vice President of Project Management The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Tim Oman President 159 N. Acacia St., San Dimas, CA 91773 909-599-9606 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor com fiance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 20 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. General Pump Company, Inc. Bidder On satisfactory evidence acknowledged to me th by his/her/their signatur acted, executed the ins Tim Oman (Print name of Owner or President of Corporation/Company) Authorized Signature/Title President Title 10/24/24 Date _ before me, , Notary Public, personally appeared who proved to me on the basis of be the person(s) whose name(s) is/are subscribed to the within instrument and he/she/they executed the same in his/her/their authorized capacity(ies), and that :(s on the instrument the person(s), or the entity upon behalf of which the person(s) I certify under PENALTY OF P JURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 21 (SEAL) See Attached CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 �?a€3arttsatia€tack;3Yf����a€t;t#�3aFt�3a€3#�vrta€3a<`aw;:u&`iaE �taTi��sis3s�+s�8a�,+tr#€tafia8af�8at� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On �b ��, Z� before me, _�ImUi�YrGY<<n�\Ui��D € N Lai Pd b 1 iv Date / Here Insert Name and Title of the Officer personally appeared 4I►mal,4Avl Oyv av-` Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 0AMY CHARLINE SOTELQ Notary Public • Callfornla ' = LOSAnpclesCounty Commission N 2438393 • � My Comm. EXOlres Feb 16, 2027 Place Notary Seal and/or Stamp Above 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 Signature OPTIONAL Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other. Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: S��:ftatk€tst�t'3��t — _ t�c��ftr4"sa��safta€t�tata€k€3a�#�.f#F#£k ©2019 National Notary Association City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 SAMPLE CITY CONTRACT (SEE SEPARATE ATTACHMENT) 23 City of Newport Beach WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP Contract No. 9598-2 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 9598-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 10/24/24 Date 909-599-9606 Bidder's Telephone and Fax Numbers 496765; Eng A, C57, C61/D21 Bidder's License No(s). and Classification(s) 100002769, exp. 06/30/26 DIR Registration Number General Pump Company, Inc. Bidder Bidders Autho ed ignature and Title 159 N. Acacia St., San Dimas, CA 91773 Bidder's Address Bidder's email address: mgarcia@genpump.com / crowe@genpump.com ,Call City of Newport Beach Page I of 6 Water Well Rehabilitation Tamura Shallow, Dolphin Shallow, And Dolphin Deep (9598-2), bidding on 10124/202410:00 AM (PDT) Printed 10/24/2024 Bid Results Bidder Details Vendor Name General Pump Company Address 159 N. Acacia Street San Dimas, California 91773 United States Respondee Michael Garcia Respondee Title Vice President of Project Management Phone 909-599-9606 Email mgarcia@genpump.com Vendor Type DGS License # 496765 CADIR Bid Format Electronic Submitted 10/24/2024 9:50 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 400289 Respondee Comment Buyer Comment Attachments File Title File Name File Type BID SUBMITTAL C-9598-2 General Pump.pdf BID SUBMITTAL C-9598-2 General Pump.pdf General Attachment Bid Bond C-9598-2 General Pump.pdf Bid Bond C-9598-2 General Pump.pdf Bid Bond Bid Bond C-9598-2 General Pump.pdf Bid Bond C-9598-2 General Pump.pdf Bid Bond PlanelBids City of Newport Beach Water Well Rehabilitation Tamura Shallow, Dolphin Shallow, And Dolphin Deep (9598-2), bidding on 10/24/2024 10:00 AM (PDT) Page 2 of 6 Printed 10/24/2024 Subcontractors Showing 1 Subcontractor Name & Address Pacific Surveys LLC 4456 Via Saint Ambrose Claremont, California 91711 Desc License Num CADIR various welt video 1000014306 logs, surveys, and spinner analysis 1000014306 Amount Type $56,300.00 PlanetBids City of Newport Beach Water Well Rehabilitation Tamura Shallow, Dolphin Shallow, And Dolphin Deep (9596-2), bidding on I0/24/2024 10:00 AM (PDT) Page 3 of 6 Printed 10/2412024 Line Items Discount Terms No Discount PlanetBids City of Newport Beach Water Well Rehabilitation Tamura Shallow, Dolphin Shallow, And Dolphin Deep (9598--2), bidding on 10124/2024 10:00 AM (PDT) Page 4 of 6 Printed 10/24/2024 Item If Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Tamura Shallow Well 5779,070.00 1 Mobilization and Demobilization LS 1 $75,000.00 575,000.00 Yes 2 Remove Existing Pump Motor, Column and Pump LS 1 $20,000.00 $20,000.00 Yes 3 New Pump and Motor LS 1 $144,000.00 $144,000.00 Yes 4 Initial Downwell Video Survey EA 1 $1,340.00 $1,340.00 Yes 5 Brushing, Baiting, and Initial Biocteaning of Casing Walls HR 24 $850.00 $20,400.00 Yes 6 "Air -Jetting" Methods LS 1 $16,000.00 $16,000.00 Yes 7 Chemical Treatment LS 1 $42,000.00 $42,000.00 Yes 8 Chemical Treatment Materials Water SOLV BC GL 106 $60.00 $6,360.00 Yes 9 Chemical Treatment Materials Well-Klean Pre -Blend GL 320 $45.00 $14,400.00 Yes 10 Chemical Treatment Materials (NaHCO3) LB 150 $3.00 $450.00 Yes 11 Mechanical Redevlopment HR 60 $900.00 $54,000.00 Yes 12 Discharge of Redemlopment Fluids LS 1 $24,000.00 $24,000.00 Yes 13 Interim Downwell Video Surveys EA 2 $1,340.00 $2,680.00 Yes 14 EMT-24 Casing Inspectlon LS 1 $6,700.00 $6,700.00 Yes 15 Caliper Survey LS 1 $2,000.00 $2,000.00 Yes 16 Gyroscopic Casing Survey LS 1 $3,600.00 $3,600.00 Yes 17 Installation of Full Casing Liner and Gravel Pack LS 1 5135,000.00 $135,000.00 Yes 18 Test Pump Installation LS 1 $65,000.00 $65,000.00 Yes 19 Pumping Redevelopment HR 80 $180.00 $14,400.00 Yes 20 Pumping Tests -Step Drawdown Test HR 12 $180.00 $2,160.00 Yes 21 Pumping Tests- Constant Rate Test HR 48 $180.00 $8,640.00 Yes 22 Dynamic Flowmeter (Spinner) Survey LS 1 $6.100.00 $6,100.00 Yes 23 Final Downwell Video Survey EA 1 $1,340.00 $1,340.00 Yes 24 Additional Brushing, Balling, and Biocleaning of Casing Walls HR 24 5750.00 $18,000.00 Yes 25 Additional Test Pump Installation LS 1 $40,000.00 $40,000.00 Yes 26 Additional Pumping Development HR 48 $150.00 $7,200.00 Yes 27 Well Disinfection and Site Clean Up LS 1 $7,000.00 $7,000.00 Yes 28 Installation of the Permanent Pump LS 1 $21,000.00 $21,000.00 Yes 29 Vibration Testing LS 1 $3,000.00 $3,000.00 Yes 30 Operational Pumping Test HR 72 $150.00 $10,800.00 Yes 31 Repair and Restoration of Existing Facilities LS 1 54,500.00 $4,500.00 Yes 32 Provide As -built Plans LS 1 $2,000.00 $2,000.00 Yes Dolphin Shallow Well $810,070.00 33 Mobilization and Demobilization LS 1 $80,000.00 $80,000.00 Yes 34 Remove Existing Pump Motor, Column and Pump LS 1 $20,000.00 $20,000.00 Yes 35 New Pump and Motor LS 1 $151,000.00 $151,000.00 Yes 36 Initial Downwell Video Survey EA 1 $1,340.00 $1,340.00 Yes 37 Brushing, Bailing, and Initial Biocleaning of Casing Walls HR 24 $850.00 $20,400.00 Yes 38 "Air -Jetting" Methods LS 1 $16,000.00 $16,000.00 Yes 39 Chemical Treatment LS 1 $42,000.00 $42,000.00 Yes 40 Chemical Treatment Materials Water SOLV BC GL 106 $60.00 $6,360.00 Yes 41 Chemical Treatment Materials Well-Ktean Pre -Bend GL 320 $45.00 $14,400.00 Yes 42 Chemical Treatment Materials Well-Klean Concentrate GL 10 $100.00 $1,000.00 Yes 43 Chemical Treatment Materials (NaHCO3) LB 150 $3.00 $450.00 Yes 44 Mechanical Redevlopment HR 60 $900.00 $54,000.00 Yes 45 Discharge of Redemlopment Fluids LS 1 $24,000.00 $24,000.00 Yes 46 Interim Downwell Video Surveys EA 2 $1,340.00 $2,680.00 Yes 47 EMT-24 Casing Inspection LS 1 $6,700.00 $6,700.00 Yes 48 Caliper Survey LS 1 52,000.00 $2,000.00 Yes PlanetBids City of Newport Beach Water Well Rehabilitation Tamura Shallow, Dolphin Shallow, And Dolphin Deep (9595-2), bidding on 10/24/2024 10:00 AM (PDT) Page 5 of 6 Printed 10/24/2024 Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response 49 Gyroscopic Casing Survey LS 1 $3,600.00 $3,600.00 Yes 50 Installation of Full Casing Liner and Gravel Pack LS 1 $146.000.00 $146.000.00 Yes 51 Test Pump Installation LS 1 $65,000.00 565,000.00 Yes 52 Pumping Redevelopment HR 80 $180.00 $14,400.00 Yes 53 Pumping Tests- Step Drawdown Test HR 12 $180.00 $2,160.00 Yes 54 Pumping Tests- Constant Rate Test HR 48 $180.00 $8,640.00 Yes 55 Dynamic Flowmeter(Spinner) Survey LS 1 $6,100.00 56,100.00 Yes 56 Final Downwell Video Survey EA 1 $1,340.00 $1,340.00 Yes 57 Additional Brushing, Bailing, and Blocleaning of Casing Walls HR 24 $750.00 $18,000.00 Yes 58 Additional Test Pump Installation LS 1 $40,000.00 $40,000.00 Yes 59 Additional Pumping Development HR 48 $150.00 $7,200.00 Yes 60 Well Disinfection and Site Clean Up LS 1 $7,000.00 $7,000.00 Yes 61 Installation of the Permanent Pump LS 1 $21,000.00 $21,000.00 Yes 62 Vibra tion Testing LS 1 53,000.00 $3,000.00 Yes 63 Operational Pumping Test HR 72 $150.00 $10,800.00 Yes 64 Repair and Restoration of Existing Facilities LS 1 $11,500.00 $11,500.00 Yes 65 Provide As -built Plans LS 1 $2,000.00 $2,000.00 Yes Dolphin Deep Well $727,920.00 66 Mobilization and Demobilization LS 1 $80,000.00 $80,000.00 Yes 67 Remove Existing Pump Motor, Column and Pump LS 1 $24,000.00 $24,000.00 Yes fie New Pump and Motor LS 1 $220,000.00 $220,000.00 Yes 69 Initial Downwell Video Survey EA 1 $1,340.00 $1,340.00 Yes 70 Brushing, Balling, and Initial Blocleaning of Casing Walls HR 32 $850,00 $27,200.00 Yes 71 "Air -Jetting" Methods LS 1 $17,000.00 $17,000.00 Yes 72 Chemical Treatment LS 1 $44,000.00 $44,000.00 Yes 73 Chemical Treatment Materials Water SOLV BC GL 106 $60.00 $6,360.00 Yes 74 Mechanical Redevlopment HR 60 $900.00 $54,000.00 Yes 75 Discharge of Redemlopment Fluids LS 1 $24,000.00 $24,000.00 Yes 76 Interim Downwell Video Surveys EA 2 $1,340.00 $2,680.00 Yes 77 Test Pump installation LS 1 $70,000.00 $70,000.00 Yes 78 Pumping Redevelopment HR 80 $180.00 $14,400.00 Yes 79 Pumping Tests -Step Drawdown Test HR 12 $180.00 $2,160.00 Yes 80 Pumping Tests- Constant Rate Test HR 48 $180.00 $8,640.00 Yes 81 Dynamic Flowmeter(Spinner) Survey LS 1 $6,100.00 $6,100.00 Yes 82 Final Downwell Video Survey EA 1 $1,340.00 $1,340.00 Yes 83 Additional Brushing, Bailing, and Blocleaning of Casing Walls HR 24 $750.00 $18,000.00 Yes 84 Additional Test Pump Installation LS 1 $40,000.00 $40,000.00 Yes 85 Additional Pumping Development HR 48 $150.00 $7,200.00 Yes 86 Well Disinfection and Site Clean Up LS 1 $7,200.00 $7,200.00 Yes 8T Installation of the Permanent Pump LS 1 $25,000.00 $25,000.00 Yes 88 Vibration Testing LS 1 $3,000.00 $3,000.00 Yes 89 Operational Pumping Test HR 72 $150.00 $10,800.00 Yes 90 Repair and Restoration of Existing Facilities LS 1 $11,500.00 $11,500.00 Yes 91 Provide As -Built Plans LS 1 $2,000.00 $2,000.00 Yes Comment PlanetBids City of Newport Beach Water Well Rehabilitation Tamura Shallow, Dolphin Shallow, And Dolphin Deep (9596-2), bidding on 10124/2024 10:00 AM (PDT) Page 6 of 6 Printed 10/2412024 Line Item Subtotals Section Title Tamura Shallow Well Dolphin Shallow Well Dolphin Deep Well Grand Total Line Total $779,070.00 $810,070.00 $727,920.00 $2,317,060.00 PlanetBids WATER WELL REHABILITATION TAMURA SHALLOW, DOLPHIN SHALLOW, AND DOLPHIN DEEP CONTRACT NO. 9598-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 19th day of November, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GENERAL PUMP COMPANY, INC., a California corporation ("Contractor"), whose address is 159 North Acacia Street, San Dimas, CA 91773, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: Water Well Rehabilitation Tamura Shallow, Dolphin Shallow, And Dolphin Deep (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9598-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Million Three Hundred Seventeen Thousand Sixty Dollars and 00/100 ($2,317,060.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Michael Garcia to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for General Pump Company, Inc. Page 2 payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Michael Garcia General Pump Company, Inc. 159 N. Acacia St San Dimas, CA 91773 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil General Pump Company, Inc. Page 3 service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of General Pump Company, Inc. Page 4 insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774 and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise General Pump Company, Inc. Page 5 required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition General Pump Company, Inc. Page 6 and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of General Pump Company, Inc. Page 7 two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. General Pump Company, Inc. Page 8 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] General Pump Company, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: W r,1 4 By:lpl) Lq A6fon C. Harp Oi y Attorney ATTEST: Date: By: r� 4 Leilani I. Brown City Clerk rO, �l-IF'oR% CITY OF NEWPORT BEACH, a California municipal corporation Date: "�/ 4 y L Ce By: Will O'Neill Mayor CONTRACTOR: GENERAL PUMP COMPANY, INC., a California corporation Date: Signed in Counterpart By: Tim Oman President Date: Bv: Signed in Counterpart Martin Bland Treasurer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements General Pump Company, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: io/2)r)/ZN A rdn C. Harper CiYAttorney ti ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Will O'Neill Mayor CONTRACTOR: GENERAL PUMP COMPANY INCH., a California corporation Date: 1 1 ] 1 17q By:_ a4l,- Tim Oman President Date: By: Martin Bland Treasurer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements General Pump Company, Inc. Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 800039691 Issued in Duplicate LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to General Pump Company, Inc. hereinafter designated as the "Principal," a contract for Water Well Rehabilitation Tamura Shallow, Dolphin Shallow, And Dolphin Deep, Contract No. 9598-2, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Atlantic Specialty insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Three Hundred Seventeen Thousand Sixty Dollars ($2,317,060.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. General Pump Company, Inc. Page A-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of November , 2024. General Pump Company, Inc. Name of Contractor (Principal) Atlantic Specialty Insurance Company Name of Surety 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Address of Surety (860) 430-3326 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:®I l i3�2K By; a on C. Harp C y Attorney Authorized Signature/Title Authorized Agent Signature Matthew Cocco, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED General Pump Company, Inc. Page A-2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS N%c e On 1�1o�t"'► , I 2�?Z before me, f�h�U C(narl�neSo�ela t �U✓cl Date Here Insert Name and Title of the Officer personally appeared �liM o kh L4 0M et Cl ame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the AMYCHARLINESOTEIo laws of the State of California that the foregoing Notary Public - California Los Angeles County g paragraph is true and correct. Commission N 2438393 — ° My Comm. ExpiresFeh16,2027 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Sign9iurebfAIotory Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of falft to Connecticut (seal) County of Hartford } SS. On November 19 , 20 24 before me, Aiza Anderson , Notary Public, personally appeared Matthew Cocco. Attorney -in -Fact proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand a d official seal. Sig ure (seal) Aiza Anderson, Notary Public My Commission Expires; December 31, 2028 General Pump Company, Inc. Page A-3 EXHIBIT B CITY OF NEWPORT BEACH BOND NO.800039691 Issued in Duplicate FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 38,231.00 , being at the rate of $16.50 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to General Pump Company, Inc. hereinafter designated as the "Principal," a contract for the work necessary for Water Well Rehabilitation Tamura Shallow, Dolphin Shallow, And Dolphin Deep, Contract No. 9598-2, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Atlantic Specialty Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Three Hundred Seventeen Thousand Sixty Dollars ($2,317,060.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed General Pump Company, Inc. Page B-1 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19th day of November ,2024. General Pump Company, Inc. Name of Contractor (Principal) Atlantic Specialty Insurance Company Name of Surety 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Address of Surety (860) 430-3326 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 11 By: in C. Harp Attorney P4 Authorized Signature/Title Authorized Agent Signature Matthew Cocco, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED General Pump Company, Inc. Page E-2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Lod he ks j} On NOVewv )Cf 1 , %0 wC before me, am 0h0,6rhd, Set"c(o f N3ot v PUS � t. C. , Date Here Insert Name and Title of t e Officer personally appeared of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the R*M.Y AMVCNARL1NEsorELo laws of the State of California that the foregoing Not" ublie- California paragraph is true and correct. Los AI Vales County _ Commission N Feb16, 3 WITNESS m hand and official seal. Comm. Expires eb 16, 2027 y ww�r. Signature Place Notary Seal and/or Stamp Above Sig ature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On , 20 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislher/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of )QiX Conncecticut County of Hartford ) ss. On November 19 , 20�_ before me, Aiza Anderson , Notary Public, personally appeared Matthew Cocco Attorney -in -Fact proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand anti official seal. ignature (seal) Aiza Anderson, Notary Public My Commission Expires; December 31, 2028 General Pump Company, Inc. Fags Em3 intact INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, -Minnesota, does hereby constitute and appoint: Joseph B. Smith, Christopher Komartetstty, Matthew Cocco, Wendy Krystopa, Aiza Anderson, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. -0 g tN `l yry 4pAPORgT� 9 m SEAL _`—' 1986 0 By STATE OF MINNESOTA 26 VFW YOR, dope' HENNEPIN COUNTY �1 tr > �,.•O Sarah A. Kolar, General Counsel On this first day of January, 2023, before me personally came Sarah A. Kolar, General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duty affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH TROUT ( NOTARY PUBLIC • MINNESOTA L My Commission Expires January 31, 2025 A41�_ Notary Public 1, the undersigned_ Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 4th day of November 2024 ty INg419 ,p9Y ORA; F, =� SEAL R=_ r 1986 0 This Power of Attorney expires �b tiFiv vo`+ daa` January 31, 2025 Kara Barrow, Secretary Please dit'ect bond verificatlons to suretyPaintactinsurance.corn STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 u SAN FRANCISCO Certificateeno1 Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Atlantic Specialty Insurance Company New York , organized under the 0f laws of New York , subject to its Articles of incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and la%ful requirements made ifornia as long as such laws or requirements are in effect under authority of the taws of the Stale of Cal and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 16th day of September , 2011 , I have hereunto set my hand and caused my official seal to be affixed this 16th day of Somber - 2011 Dave Jones Insurance Commissioner By Valerie J. Sarfaty for Nettie Hogegtxgx Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after Issuance of this Certificate of Authority, VAilura to du ae will be a vloiatir�n of inauranaa Duda eutlrin 901 attd *ill lie grounds for revoking this Certificate of Authority pursuant to the conveners made in the upplicatlon therefor and the conditions contained herein, 10 ose oa 6081 WARM MI EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). General Pump Company, Inc. Page C-1 C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two million dollars ($2,000,000) combined single limit for each accident. D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third - party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their General Pump Company, Inc. Page C-2 right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. General Pump Company, Inc. Page C-3 B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. General Pump Company, Inc. Page C-4 G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period General Pump Company, Inc. Page C-5 r a w Q $ c Ci a U o CJ m 0 c ro c n U f° G n a �g U O � CL $ c 4 j z O C7 rn Ln CJ n n o 0 g 0 Gam? c :c a 0 a U? ro e m � E w � � LL ° m q CD � N CJ CO `y z cn rn a tL _ cCU C7 Lo � m h —� I j I i i i ■ j � cm ° ° i .. to z j t E c N I Z rn w o e + c e > m cm cA sn n t7 US cn 4 N n qp Cpp 4 4 41