HomeMy WebLinkAboutC-6104 - Big Canyon Reservoir Flow Metering Contract(ice �.
May 14, 2020
Schuler Constructors Inc.
Attn: Brian D. Sohl
564 Bateman Circle
Corona, CA 92880
Subject: Big Canyon Reservoir Flow Metering — C-6104
Dear Mr. Sohl:
C. I FY 0 F NE1aL°PORT �.LACi-4
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039rnx
newportbeachca.gov
On May 14, 2019, the City Council of Newport Beach accepted the work for the subject
project and authorized the City Clerk to file a Notice of Completion, to release the Labor
& Materials Bond 65 days after the Notice of Completion had been recorded in
accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
May 15, 2019 Reference No. 2.019000163031. The Surety for the contract is
International Fidelity Insurance Company and the bond number is 0494620. Enclosed
is the Faithful Performance Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
May 14, 2020
Schuler Constructors Inc.
Attn: Brian D. Sohl
564 Bateman Circle
Corona, CA 92880
Subject: Big Canyon Reservoir Flow Metering — C-6104
Dear Mr. Sohl:
C. I FY 0 F NE1aL°PORT �.LACi-4
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039rnx
newportbeachca.gov
On May 14, 2019, the City Council of Newport Beach accepted the work for the subject
project and authorized the City Clerk to file a Notice of Completion, to release the Labor
& Materials Bond 65 days after the Notice of Completion had been recorded in
accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
May 15, 2019 Reference No. 2.019000163031. The Surety for the contract is
International Fidelity Insurance Company and the bond number is 0494620. Enclosed
is the Faithful Performance Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
THE FINAL PREMIUM IS
PREDICATED ON THE
This bond was executed in FINAL CONTRACT PRICE
two (2) identical counterparts.
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 0494620
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $11496.00 , being at the
rate of $ 9.00 / $7.75 / $6.75 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Schuler
Constructors Inc. hereinafter designated as the 'Principal," a contract for the following
components, 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:
Flow Metering Vault: All materials, equipment, supplies and labor for
construction of a new flow metering vault including construction of cast -in-place
concrete vaultwith ladder and platform, access hatch, equipment access hatch,
davit sleeve per Appendix A of the Contract Documents (defined below)
aluminum ship ladder, ventilation system complete, sump, sump pump, sump
discharge line to, curb discharge, two sample pumps, sample pump piping (Sch
80 PVC in vault) and all appurtenances, 1 -inch PEX sample line in 4 -inch Sch
80 PVC carrier pipe with pull boxes from vault to control room, lighting, 30 -inch
magnetic type flow meter, 30 -inch flanged butterfly valve, 30 -inch CML and
painted welded steel pipe, connections to, existing 30 -inch steel pipeline, 30 -
inch Victaulic coupling, electrical, instrumentation, and miscellaneous site work
to include demolition of portion of existing curb, construction of new curb, new
commercial driveway approach, extension of existing drainage swale,
pavement replacement, electrical, instrumentation, trenching, trench safety
measures, and all additional work necessary for a complete and operable
system. Work excludes, programming to be provided by the City.
Treatment Improvements: All materials, equipment, supplies, and labor for
installation in the basement of the Control Building a 42 -inch Chemineer Ultra -
tab Static Mixer with two chemical injection ports, ammonia retractable Injection
quill assembly, chlorine retractable injection quill assembly, two sample pumps,
sample pump piping and appurtenances, 42 -Inch Bete Turbo Mix Jet Nozzle
System (three spare Turbo Mix), 42 -inch knife gate valve with electric actuator,
three (two plus one spare) Turbo Mix 15 HP supply pumps, valves and piping,
electrical, instrumentation, start-up, testing, and all work necessary for a
complete, and operable mixing system. Work includes demolition of portion of
54 -inch and 42 -inch steel pipe, couplings, 42 -inch propeller type meter, 42 -inch
butterfly valve and hydraulic actuator, portions of steel walkways, portion of
pipe tunnel structure as required for installation of the new mixing systems.
Work excludes programming to be provided by the City.
ill. Control Building First Level Improvements: All materials, equipment, supplies,
and labor for complete demolition of existing crane and runway system located
Schuler Constructors Inc. Page B-1
on the first floor of the Control Building, installation of a new Kone Cranes CXTU
under running 84on crane with 20-9" span and runway system, transportation
of crane to site, electrical, start up and testing, and all additional work
necessary for a complete and operable system. Improvements include
replacement of, 9'-10" by 6'-7" removable grate and improvements to a portion
of grate frame. Contractor shall install and commission crane prior to
commencement of treatment improvements in the basement of the Control
Building.
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 International Fidelity 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 One
Million Six Hundred Ten Thousand Five Hundred Dollars and 00/100 ($1,610,600.00)
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
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.
Schuler Constructors Inc. Page B-2
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 21st _ day of August 201L_.
Schuler Constructors Inc
Name of Contractor (Principal)
International Fidelity Insurance Company
Name of Surety
24M E. Katella Ave., Suite 250
Anaheim CA 92806
Address of Surety
(714)602-9170
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp Aw oL1
City Attorney
Aut o iz d Signat re/Title r /�� -tel q
K e �jr D Shin ?24-a� L U P /
Authorized Agent Signature
Dwight Reilly Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Schuler Constructors Inc. Page B-3
ACKNOWLLCjrMCN t
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 Calffor
Notary Putil'c, personally appeared PVI di j). `,,�j wl lr--
who proved to me on the basis of satis actory— vii dente to be the person(8) whose name(o is/are
subscribed to the within instrument and acknowledged to me that he/she/tl�ey executed the same
in his/het/their authorized capacity(ipej, and that by his/her/ilaeir signatures) on the instrument
the person(, or the entity upon behalf of which the persons) 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.
VALERIE POTTS
WIT ESS my hand nd official seal. COMM. #2175;\,.:;
0. Notary Public Cm. ..,
Ris
vFxpit r'<,.;...,. 1
(f Comm. Ea res
ACKNOWLEDGMENT
A notary public or otheofficer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Orange )SS,
On August 21, 201._ before me, Susan Pugh
Notary Public, personally appeared Dwight Reilly
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. susnN PUGN
- COMM. 02105405 n
-- Not
Public -California a,:T SlgnaturA Susan Pugh ORANGE COUNTY "(seal)
My Comm. Explms Apr 29, 2019
Schuler Constructors Inc. Page B-4
Tel (9 /3) 624-7200
OWEY C
INTERNATIONA
AILEGIH
ONE NEWARK CENTER, 20'
KNOW ALL MEN BYTHESE PRESENTS: That INTERNAT'I(
the laws of the State of New Jersey, and ALLEGHENY CAS
New Jersey, having their principal office in the. City of Newark,'t
OF ATTORNEI gena No. 0+94620
IDELITY INSURANCE COMPANY
Y CASUALTY COMPANY
LOOR NEWARK, NEIN JERSEY 07102-5207
MICHAEL CASTANEDA, DWIGHTREIL.LY, DANIEL HUCKABAY,AR LURO AYALA,
SHAUNNA ROZELLE OSTROM
Orange, (
t to execute, seal and deliver: for and on
talf as surety, any and all bonds and undertakings, contracts of Indemnity
tuired or permitted by law, statute, rule, re�ggulation, contract or otherwise,
)e as binding upon the: said INTERNATIONAL FIDELITY INSURANCE
ill Intents and purposes, as if the same had been duly executed and
y auti onty of of the all owangsresolubTon adopted byLthe Boland INSURANCE
NSD eclNor E
i the 20th day of July, 2010 and by the Board of Directors of ALLEGHENk
lent, Vice President or Secretary of the Corporation shall have the power to
3r and authority as defined or limited in: their respective powers of attorney,
o, bonds, undertakings, recognizances, contracts. of Indemnity and other
Officers of the Corporation may aopolnt and revoke the aunnintmants of
ro••- ••• ^� �^ w u vat mouvc,. vuuau m nruamm,Ly or gurus written oongauon in me: nature meteor or related thereto,
such signature and seals w en so used whet&r heretofore or hereafter, being hereby adopted by the. Got oration as i: the original signature of such officer
and the original seal of the Corporation, to be valid and. binding upon the Corporation with the same force and effect as though manually affixed:'
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY. COMPANY. have each executed and
attested these presents on this 31st day of December, 2016.
Y STATE OF
�t ��r.�+}1. Co my of EsseW JERSEY Shay GASUgfTy�o
pY 1936
K
dJT•� : : .ROBERT W. MINSTER
+M Chief Executive Officer (International Fideli(v JERg
Insurance Company) and President (Allegheny JE
Casualty Company)
On: this 31st day of December 2016, before me came the individual who executed the. preceding Instrument, to me personally known, and, being by me duly
sworn, said he is the therein described and authorized officer of INTERNATIONAL. FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature wore
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal;
.....m'r"npat the City of Newark, New Jersey the day and year first above written,
`
1.SNY941".1111,
pP
• O `p\851oh;15
`'-
:U NOrARY
'•f runLrc
hof--NEll
(?"- qC46"
A NO'l ARY PUBLIC OF NEW JERSEY
My Commission. Expires April 16, 2010
-"""•"""- CII2TII'ICATION
I, lho undersigned officer of IN I ERNAI'IONAL 1°I DULI1 Y INSLI RANGE COMI'ANY and ALLEGHENY CASUALTY COMPANY do hereby cortify, that I have
compared the foregoing copy of the Power of AUomey and affidrtvit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, will the originals nn file In the home office: of said companies, and that 0)e same nre rorroct transcripts thereof, and of the whole
of filo said originals, and that the said Power of Attorrny has riot been revoked and is now in full force and effect.
IN TI:SIIMONY WHP'.REof', I have herounto sol my band this 21st day of August, 2017
July 19, 2019
Schuler Constructors Inc.
Attn: Brian D. Sohl
564 Bateman Circle
Corona, CA 92880
Subject: Big Canyon Reservoir Flow Metering C-6104
Dear Mr. Sohl:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 Fnx
newportbeachca.gov
On May 14, 2019 the City Council of Newport Beach accepted the work for the subject
project and authorized the City Clerk to file a Notice of Completion, to release the Labor
& Materials Bond 65 days after the Notice of Completion had been recorded in
accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
May 15, 2019, Reference No. 2019000163031. The Surety for the bond is International
Fidelity Insurance Company and the bond number is 0494620. Enclosed is the Labor &
Materials Payment Bond.
Sincerely,
Leilani 1. Brown, MMC
City Clerk
Enclosure
This bond was executed in
two (2) identical counterparts.
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICE
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 0494620
LABOR AND MATERIALS PAYMENT BOND
Premium: See
Performance Bond
WHEREAS, the City of Newport Beach, State of California, has awarded to Schuler
Constructors Inc. hereinafter designated as the "Principal," a contract for the following
components, 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:
Flow Metering Vault: All materials, equipment, supplies and labor for
construction of a new flow metering vault including construction of cast -in-place
concrete vault with ladder and platform, access hatch, equipment access hatch,
davit sleeve per Appendix A of the Contract Documents (defined below)
aluminum ship ladder, ventilation system complete, sump, sump pump, sump
discharge line to, curb discharge, two sample pumps, sample pump piping (Sch
80 PVC in vault) and all appurtenances, 1 -inch PEX sample line in 4 -inch Sch
80 PVC carrier pipe with pull boxes from vault to control room, lighting, 30 -inch
magnetic type flow meter, 30 -Inch flanged butterfly valve, 30 -Inch CML and
painted welded steel pipe, connections to, existing 30 -inch steel pipeline, 30 -
inch Victaulic coupling, electrical, instrumentation, and miscellaneous site work
to include demolition of portion of existing curb, construction of new curb, new
commercial driveway approach, extension of existing drainage swale,
pavement replacement, electrical, instrumentation, trenching, trench safety
measures, and all additional work necessary for a complete and operable
system. Work excludes, programming to be provided by the City.
ii. Treatment Improvements: All materials, equipment, supplies, and labor for
installation in the basement of the Control Building a 42 -inch Chemineer Ultra -
tab Static Mixer with two chemical injection ports, ammonia retractable injection
quill assembly, chlorine retractable injection quill assembly, two sample pumps,
sample pump piping and appurtenances, 42 -inch Bete Turbo Mix Jet Nozzle
System (three spare Turbo Mix), 42 -inch knife gate valve with electric actuator,
three (two plus one spare) Turbo Mix 15 HP supply pumps, valves and piping,
electrical, instrumentation, start-up, testing, and all work necessary for a
complete, and operable mixing system. Work includes demolition of portion of
54 -inch and 42 -inch steel pipe, couplings, 42 -inch propeller type meter, 42 -inch
butterfly valve and hydraulic actuator, portions of steel walkways, portion of
pipe tunnel structure as required for installation of the new mixing systems.
Work excludes programming to be provided by the City.
iii. Control Building First Level Improvements: All materials, equipment, supplies,
and labor for complete demolition of existing crane and runway system located
on the first floor of the Control Building, installation of a new Kone Cranes CXTU
under running 8 -ton crane with 204' span and runway system, transportation
of crane to site, electrical, start up and testing, and all additional work
Schuler Constructors Inc. Page A-1
necessary for a complete and operable system. Improvements include
replacement of, g'-10" by 6'-7" removable grate and improvements to a portion
of grate frame. Contractor shall install and commission crane prior to
commencement of treatment improvements in the basement of the Control
Building.
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,
International Fidelity 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 One
Million Six Hundred Ten Thousand Five Hundred Dollars and 00/100 ($1,610,500.00)
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.
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.
Schuler Constructors Inc. Page A-2
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 21st day of August 12017 .
Schuler Constructors Inc
Name of Contractor (Principal)
International Fidelity Insurance Company
Name of Surety
2400 E. Katella Ave., Suite 250
Anaheim, CA 92806
Address of Surety
714)602-9170
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: x%157/ %
0
Aaron C. Hai
City Attorney
(AM
Authori_ed ignature/Titlp ., xefeia`C'
Authorized Agent Signature
Dwight Reilly Attorney -in -Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Schuler Constructors Inc. Page A-3
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 Calif nia
County of ss.
On } �� 20 befor me, �'
Notary Pu
., personally appeared ,1, t
who proved to me on the basis of satisfactory etridence to be the per:
subscribed to the within instrument and acknowledged to me that he/,
in his/her/their authorized capacity(), and that by his/herkhe# sigr
the person(14, or the entity upon behalf of which the person($) acted,
lose name(o is/are
executed the same
) on the Instrument
d the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
OTTS
V SS my hand and official seal. d ` ' comm. # 1755
comm. #2175558 z
Nolary Public • California
= Riverside County
a comm. Expires Jen.11 2021+
ture (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 California
County of Orange )SS.
On August 21, 2Q2_ before me, Susan Pugh
Notary Public, personally appeared Dwight Reilly
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.
SUSAN PUGH N
uCOMM. #2105405 Signature Susan Pugh =Notary PubllcCallfomia
4.
ORANGE COUNTY LL (seal)
lip
Comm. Expires Apr 29, 2019
Schuler Constructors Inc. Page A-4
MICHAEL CASTANEDA, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA,
SHAUNNA ROZELLE OSTROM
Orange, CA.
M
elected
of
VED, that. (1) the Chief Execul
Ind deliver for and on its behalf as surety, any and all bonds and undertakings, contracts. of indemnity
h are or may be allowed, required or permitted by law, statute, rule, reggulation, contract or otherwise,
of these presents, shall be as binding upon the.. said INTERNA TIONALFIDELITY INSURANCE
1, as fully and amply, to all intents and purposes, as if the same had been duly executed and
principal offices. d byy ttvv y
andas pursuant
ranteondernand by authoorly of the followingsresolut on adopted by�the Bolard INSURANCE
Directors
VY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
Oth day of July, 2015:.
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 31st. day of December, 2016.
STATE OF NEW JERSEY yrP UALTr
County of Essex �5��. 00
G a 1936
ROBERT W. MINSTER
Chief Executive Officer (International Fldeliryry Nryy JERSEY i
Insurance Company). and President(Allegheny
Casualty Company)
On this 31st day of December 2016, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he Is the therein described and authorized officer of INTERNAIIONAL FIDELITY INSURANCE COMPANY and ALLEGHENYCASUALTY
COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signaturewere
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set mV hand affixed my Official Seal,
„br""••••,,,• at the City of Newark, New Jersey the day and year first above written.
�HYG
kG'
r. .....,
.0gsloy.,
(� NOTANY t
=� euour
, 9��•.4.ro-aw?.•�45�.
Op NEW ..
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires April 16, 2019
CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit; and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attornev has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 21st day of August, 2017
Batch 4576235 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Page 1 of 9
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE
+ S R 0 0 1 0 8 3 4 9 0 2$+
201900016303112:19 pm 05/15/19
90 SC5 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Schuler Constructors, Inc., Corona,
California, as Contractor, entered into a Contract on August 8, 2017. Said Contract set
forth certain improvements, as follows:
Big Canyon Reservoir Flow Metering - C-6104
Work on said Contract was completed, and was found to be acceptable on
May 14 2019 by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is International Fidelity Insurance Company.
BY�c.�/
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. n,
Executed on '� GU� at Newport Beach, California.
m
/.'1' it lido
hltps:Hgs.secure-recording.com/Batch/Confirmation/4576235 05/15/2019
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Schuler Constructors, Inc., Corona,
California, as Contractor, entered into a Contract on August 8, 2017. Said Contract set
forth certain improvements, as follows:
Big Canyon Reservoir Flow Metering - C-6104
Work on said Contract was completed, and was found to be acceptable on
May 14, 2019 by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is International Fidelity Insurance Company.
BY 1�4 z z 'd
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. n�
Executed on 154U at Newport Beach, California.
CP
BIG CANYON RESERVOIR FLOW METERING
CONTRACT NO. 6104
THIS CONTRACT FOR PUBLIC WORKS ("Contract') is entered into this 8th day
of August, 2017 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and SCHULER
CONSTRUCTORS INC., a -California corporation ("Contractor"), whose address is 564
Bateman Circle, Corona, California 92880, 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: The work
necessary for the completion of this contract consisting of the following
components:
i. Flow Metering Vault: All materials, equipment, supplies and labor for
construction of a new flow metering vault including construction of cast -in-
place concrete vault with ladder and platform, access hatch, equipment
access hatch, davit sleeve per Appendix A of the Contract Documents
(defined below) aluminum ship ladder, ventilation system complete, sump,
sump pump, sump discharge line to, curb discharge, two sample pumps,
sample pump piping (Sch 80 PVC in vault) and all appurtenances, 1 -inch
PEX sample line in 4 -inch Sch 80 PVC carrier pipe with pull boxes from
vault to control room, lighting, 30 -inch magnetic type flow meter, 30 -inch
flanged butterfly valve, 30 -inch CML and painted welded steel pipe,
connections to, existing 30 -inch steel pipeline, 30 -inch Victaulic coupling,
electrical, instrumentation, and miscellaneous site work to include
demolition of portion of existing curb, construction of new curb, new
commercial driveway approach, extension of existing drainage swale,
pavement replacement, electrical, instrumentation, trenching, trench safety
measures, and all additional work necessary for a complete and operable
system. Work excludes, programming to be provided by the City.
i
ii. Treatment Improvements: All materials, equipment, supplies, and labor for
installation in the basement of the Control Building a 42 -inch Chemineer
Ultra -tab Static Mixer with two chemical injection ports, ammonia retractable
injection quill assembly, chlorine retractable injection quill assembly, two
sample pumps, sample pump piping and appurtenances, 42 -inch Bete
Turbo Mix Jet Nozzle System (three spare Turbo Mix), 42 -inch knife gate
valve with electric actuator, three (two plus one spare) Turbo Mix 15 HP
supply pumps, valves and piping, electrical, instrumentation, start-up,
testing, and all work necessary for a complete, and operable mixing system.
Work includes demolition of portion of 54 -inch and 42 -inch steel pipe,
couplings, 42 -inch propeller type meter, 42 -inch butterfly valve and
hydraulic actuator, portions of steel walkways, portion of pipe tunnel
structure as required for installation of the new mixing systems. Work
excludes programming to be provided by the City.
iii. Control Building First Level Improvements: All materials, equipment,
supplies, and labor for complete demolition of existing crane and runway
system located on the first floor of the Control Building, installation of a new
Kone Cranes CXTU under running 8 -ton crane with 20-9" span and runway
system, transportation of crane to site, electrical, start up and testing, and
all additional work necessary for a complete and operable system.
Improvements include replacement of, 9'-10" by 6-7" removable grate and
improvements to a portion of grate frame. Contractor shall install and
commission crane prior to commencement of treatment improvements in
the basement of the Control Building (collectively, 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. 6104, 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
Schuler Constructors Inc. Page 2
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 One Million Six Hundred Ten Thousand Five Hundred
Dollars and 0/100 ($1,610,500.00).
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 Kevin Panzer 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.
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
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 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
Schuler Constructors Inc. Page 3
claim Contractor may have against City in strict conformance with the Government Claims
Act (Government Code 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: Public Works Director
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Brian D. Sohl
Schuler Constructors Inc.
564 Bateman Circle
Corona, CA 92880
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
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
Schuler Constructors Inc. Page 4
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100°/x)
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
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 Agreement, the services to be
provided under this Agreement 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 orjoint 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
Schuler Constructors Inc. Page 5
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
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. All parties to the contract shall be
governed by all provisions of the California Labor Code — including, but not limited to, the
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
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
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 and/or Services 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 and/or
Services, 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),
Schuler Constructors Inc. Page 6
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 Contractors 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
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.
Schuler Constructors Inc. Page 7
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"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
18.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
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
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.
Schuler Constructors Inc. Page 8
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.
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.
Schuler Constructors Inc. Page 9
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]
Schuler Constructors 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 ATTORN `'S PFFICE
Date:
By:
Aaron C. Harp (AM euliklil-
City Attorney
ATTEST:
Date: �. �•
",JLeilani 1. brown
City Clerk
Gillam
CITY OF NEWPORT
a Californiauffin
Date: ��IGY/
By:
evin
Mayor
CONTRACTOR: Schuler Constructors
Inc. , a California corporation
Date:
Signed in Counterpart
Brian D. Sohl
President
Signed in Counterpart
Kenji D. Shintaku
Corporate Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Schuler Constructors Inc. Page 11
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 ATTO; i" FFICE
Date: ''��jj
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Aaron C. Harp Kevin Muldoon
City Attorney Mayor
ATTEST: CONTRACTOR: Schuler Constructors
Date: Inc. , a California corporation
Date: Sl Zo / t 7
By: By:
Leilani I. Brown Xriigin D. Sohl
City Clerk President
Date: &—,711 --HI
By: (14;
Kenji Q Mi taku
Corporate Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Schuler Constructors Inc. Page 11
This bond was executed in
two (2) identical counterparts.
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICE
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 0494620
LABOR AND MATERIALS PAYMENT BOND
Premium: See
Performance Bond
WHEREAS, the City of Newport Beach, State of California, has awarded to Schuler
Constructors Inc, hereinafter designated as the 'Principal," a contract for the following
components, 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:
Flow Metering Vault: All materials, equipment, supplies and labor for
construction of anew flow metering vault including construction of cast -in-place
concrete vault with ladder and platform, access hatch, equipment access hatch,
davit sleeve per Appendix A of the Contract Documents (defined below)
aluminum ship ladder, ventilation system complete, sump, sump pump, sump
discharge line to, curb discharge, two sample pumps, sample pump piping (Sch
80 PVC in vault) and all appurtenances, 1 -inch PEX sample line in 4 -inch Sch
80 PVC carrier pipe with pull boxes from vault to control room, lighting, 30 -inch
magnetic type flow meter, 30 -Inch flanged butterfly valve, 30 -inch CML and
painted welded steel pipe, connections to, existing 30 -inch steel pipeline, 30 -
inch Victaulic coupling, electrical, instrumentation, and miscellaneous site work
to include demolition of portion of existing curb, construction of new curb, new
commercial driveway approach, extension of existing drainage swale,
pavement replacement, electrical, instrumentation, trenching, trench safety
measures, and all additional work necessary for a complete and operable
system. Work excludes, programming to be provided by the City.
ii. Treatment improvements: All materials, equipment, supplies, and labor for
installation in the basement of the Control Building a 42 -inch Chemineer Ultra -
tab Static Mixer with two chemical injection ports, ammonia retractable injection
quill assembly, chlorine retractable injection quill assembly, two sample pumps,
sample pump piping and appurtenances, 42 -inch Bete Turbo Mix Jet Nozzle
System (three spare Turbo Mix), 42 -inch knife gate valve with electric actuator,
three (two plus one spare) Turbo Mix 15 HP supply pumps, valves and piping,
electrical, instrumentation, start-up, testing, and all work necessary for a
complete, and operable mixing system. Work includes demolition of portion of
54 -inch and 42 -inch steel pipe, couplings, 42 -inch propeller type meter, 42 -inch
butterfly valve and hydraulic actuator, portions of steel walkways, portion of
pipe tunnel structure as required for installation of the new mixing systems.
Work excludes programming to be provided by the City.
iii. Control Building First Level Improvements: All materials, equipment, supplies,
and labor for complete demolition of existing crane and runway system located
on the first floor of the Control Building, installation of a new Kone Cranes CXTU
under running 8 -ton crane with 20-9" span and runway system, transportation
of crane to site, electrical, start up and testing, and all additional work
Schuler Constructors Inc. Page A-1
necessary for a complete and operable system. Improvements include
replacement of, 9'-10" by 6'-7" removable grate and improvements to a portion
of grate frame. Contractor shall install and commission crane prior to
commencement of treatment improvements in the basement of the Control
Building.
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,
International Fidelity 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 One
Million Six Hundred Ten Thousand Five Hundred Dollars and 00/100 ($1,610,500.00)
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.
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.
Schuler Constructors Inc. Page A-2
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 21st day of August , 2017 .
Schuler Constructors, Inc.
Name of Contractor (Principal)
International Fidelity Insurance Company
Name of Surety
2400 E. Katella Ave., Suite 250
Anaheim, CA 92806
Address of Surety
714) 602-9170
Telephone
APPROVED AS TO FORM:
CITY ATTOFNEY'S OFFICE
Date: 4T/R3 W 7
0
Aaron C. Her
City Attorney
(AM
.Lc
Autho i ed ignature/Titl
b
Authorized Agent Signature
Dwight Reilly, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Schuler Constructors Inc. Page A-3
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 4,CaliffniaCounty o ss.�2Cbefor me,
ary Ppersonally appeared
who proved to me on the basis of satisfactory eVidence to be the
subscribed to the within instrument and acknowledged to me that
in his/kle0isir authorized capacity(it
III ), and that by his/hefAiI
the person(g), or entity upon be alf of which the person(s) ac
whose name(p) is/are
ay executed the same
s(s) on the instrument
ited the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
N SS my hand and official seal. oaz`77,
VALERIE POTTS
COMM. #21755
58 z
Notary Public • California
Riverside County
Comm, !Orn JIn.1 t 2W
tura (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 California
County of Orange )SS.
On August 21, 201L before me, Susan Pugh
Notary Public, personally appeared Dwight Reilly
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.
Sign re Susan Pugh
=A'Z"-
N PUGH
2105405
lic-0aldfornla COUNTY seal( )
ires Apr 29, 2019
Schuler Constructors Inc. Page A-4
w ,e
Tel(973)624-7200 POWER OF ATTORNEY
Bond No 0494620
INTERNATIONAL FIDELITY; INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That .INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under
the laws of the Stale of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint
MICHAEL'CASTANEDA, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA,
SHAUNNA ROZELLE OSTROM
Orange, CA.
their true and lawful attorney(s)-in-fact to execute,
and other writings obligatory In the nature thereof,
and the execution of such instrument(sl> in purs
COMPANY and ALLEGHENY CASUALTY COM
acknowledged by their regularly elected officers at
This Power of Attorney is executed, andmay b�
COMPANY and ALLEGHENY CASUALTY COMP
of INTERNATIONAL FIDELITY INSURANCE CO
CASUALTY COMPANY at a meeting duly held on
"RESOLVED, that (1) the Chief Executive Officer,
and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
h are or may be allowed, required orpermitted by law, statute, rule, regulation, contract or otherwise,
of these presents, shall be as binding upon the. said INTERNATIONAL FIDELITY INSURANCE
r, as fully and amply, to all intents and purposes, as if the same had been duly executed and
principal offices.
oked, pursuant to and byy.. authority of the B -Laws of INTERNATIONAL FIDELITY INSURANCE
and is granted under and by authority of .the following resolution adopted by the Board of Directors
\IY at a meeting duly held on the 20(h day of July, 2010 and by the Board of Directors of ALLEGHENY
0th day of July, 2015: -
the Corporation shall have the power to
d in their respective powersof attorney,
ices, contracts of indemnity and other
ppoint and revoke the appointments of
consents on behalf of the Corporation;
to any power of attorney or certification
the nature thereof or related thereto,
as the original signature of such officer
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 31 st day of December, 2016.
STATE OF NEW JERSEY
County of Essex
$EAL
190«4
t
Op,SUAL),
G" Q 1936
'ROBERT W. MINSTER
Chief Executive Officer (International Fidelity t, JESSOq
Insurance Company) and President (Allegheny
Casualty Company)
On this 31st day of December 2016, before me Came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he is the therein described and authorized officer of INTERNATIONALFIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY; that the seals affixed to said instrument are the Corporate Seals' of. said Companies; that the said Corporate Seals and his. signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written..
,3Go1rAY 9,0y
•�\5510^, '�'� �4/�
:Y nuouc °+: -
N�..
•..4..: g� A NOTARY PUBLIC OF NEW JERSEY
s, cc OF N....My Commission Expires April 16, 2019
"I'll11^11"\„ CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attemev hae. no: been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 21St day of August, 200117
MARIA BRANCO. Assistant Secretary
THE FINAL PREMIUM IS
PREDICATED ON THE
This bond was executed in FINAL CONTRACT PRICE
two (2) identical counterparts.
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 0494620
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $11,496.00 , being at the
rate of $ 9.00 / $7.75 / $6.75 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Schuler
Constructors Inc. hereinafter designated as the 'Principal," a contract for the following
components, 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:
Flow Metering Vault: All materials, equipment, supplies and labor for
construction of a new flow metering vault including construction of cast -in-place
concrete vault with ladder and platform, access hatch, equipment access hatch,
davit sleeve per Appendix A of the Contract Documents (defined below)
aluminum ship ladder, ventilation system complete, sump, sump pump, sump
discharge line to, curb discharge, two sample pumps, sample pump piping (Sch
80 PVC in vault) and all appurtenances, 1 -inch PEX sample line in 4 -inch Sch
80 PVC carrier pipe with pull boxes from vault to control room, lighting, 30 -inch
magnetic type flow meter, 30 -inch flanged butterfly valve, 30 -inch CML and
painted welded steel pipe, connections to, existing 30 -inch steel pipeline, 30 -
inch Victaulic coupling, electrical, instrumentation, and miscellaneous site work
to include demolition of portion of existing curb, construction of new curb, new
commercial driveway approach, extension of existing drainage swale,
pavement replacement, electrical, instrumentation, trenching, trench safety
measures, and all additional work necessary for a complete and operable
system. Work excludes, programming to be provided by the City.
ii. Treatment Improvements: All materials, equipment, supplies, and labor for
installation in the basement of the Control Building a 42 -inch Chemineer Ultra -
tab Static Mixer with two chemical injection ports, ammonia retractable injection
quill assembly, chlorine retractable injection quill assembly, two sample pumps,
sample pump piping and appurtenances, 42 -inch Bete Turbo Mix Jet Nozzle
System (three spare Turbo Mix), 42 -inch knife gate valve with electric actuator,
three (two plus one spare) Turbo Mix 15 HP supply pumps, valves and piping,
electrical, instrumentation, start-up, testing, and all work necessary for a
complete, and operable mixing system. Work includes demolition of portion of
54 -inch and 42 -inch steel pipe, couplings, 42 -inch propeller type meter, 42 -inch
butterfly valve and hydraulic actuator, portions of steel walkways, portion of
pipe tunnel structure as required for installation of the new mixing systems.
Work excludes programming to be provided by the City.
!it. Control Building First Level Improvements: All materials, equipment, supplies,
and labor for complete demolition of existing crane and runway system located
Schuler Constructors Inc. Page B-1
on the first floor of the Control Building, installation of anew Kone Cranes CXTU
under running 8 -ton crane with 20-9" span and runway system, transportation
of crane to site, electrical, start up and testing, and all additional work
necessary for a complete and operable system. Improvements include
replacement of, 9'-10" by 6'-7" removable grate and improvements to a portion
of grate frame. Contractor shall install and commission crane prior to
commencement of treatment improvements in the basement of the Control
Building.
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 International Fidelity 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 One
Million Six Hundred Ten Thousand Five Hundred Dollars and 001100 ($1,610,600.00)
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, orfails 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
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.
Schuler Constructors Inc. Page B-2
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 21st day of Aucust 2017
Schuler Constructors, Inc.
Name of Contractor (Principal)
International Fidelity Insurance Company
Name of Surety
2100 E. Katella Ave., Suite 250
Anaheim, CA 92806
Address of Surety
(714)602-9170
Telephone
APPROVED AS TO FORM:
CITY ATTO N -Y'S 0,FICE
Date: 3d
By:
Aaron C. Harp o.M oscI3otir
City Attorney
v '
Aut o iz d Signat re/Title LJ�O�-c4aq
K -C , r D- 5hw aka, agrio,
Authorized Agent Signature
Dwight Reilly Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Schuler Constructors Inc. Page B-3
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 Califorrry�
County��ppf 1�.k Il`eV51 Gi'Q- } ss. I U �
On U U 611/ SI- 7 r� 20�Zbefore me ` V e l � N L,
Notary Puftpersonally appeared PVI -I I). t>
who proved to me on the basis of satisfactory�vid�to be the person(A) whose name(o is/are
subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same
in his/heaths c authorized capacity(ips), and that by his/hedihak signatureso) on the instrument
the person( 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.
WIT ESS m hand -and official seal. VALERIE 1751\
Y COMM. 621751.:, x
a ,� Notary Public Ca,:
Z Riverside
Camm. Ex
Si n ture (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 California
County of Orange )SS.
On August 21, 201Z_ before me, Susan Pugh
Notary Public, personally appeared Dwight Reilly
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.
p SUSAN PUGH
_ N2105405 M
?fid . Notary COMM.M. 02Public-California505
Signat Susan Pugh ? ORANGE COUNTY "(seal)
My Comm. Expires Apr 29, 2019
Schuler Constructors Inc. Page B-4
Tel(973)624-7200 POWER OF ATTORNEY
Bond No. 0494620
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under.
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
New Jersev. having their principal office in the City of Newark. New Jersev: do herebv constitute and a000lnt
MICHAEL CASTANEDA, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA,
SHAUNNA ROZELLE OSTROM
Orange, CA.
to
on
UUMFANY antl ALLtUMENY CASUAL I Y UUMYANY, as Cully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officerys at their principal offices.Thiy
COMPANYPowerof and ALLEGHENY CASUis ALTY COMPANY andbe isgranted under anursuant to and d byaauthonty of the follow ng resolution adopted -Laws of NbyL he BolTY a d oif SDirectors
E
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015:
"RESOLVED, thatf t) the Chief Executive Officer, President, Executive Vice President, Vice President or Secretary of the Corporation shall have the power to
appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney,
and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity
and other
written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of
joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation;
and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification
given for. the execution of any bond, undertaking, recognizance, contract of indemnity or. other
written obligation in the nature thereof or related thereto,
such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer
and the original seal of the Corporation, to be valid and binding upon the Corporation wdli the same forceand effect as though manually affixed:'
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and. ALLEGHENY CASUALTY COMPANY haveeach executed and
attested these presents on this 31st day of. December, 2016.
STATE OF NEW JERSEY
County of Essex
ROBERT W. MINSTER
Chief Executive Officer (International Fidelity
Insurance Company) and President (Allegheny
Casualty Company)
r NSUALTYCO
w 3,0
41936 g
A
\h�Y JER`'�
On this 31 st day of December 2016, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY; that the seals affixed to said instrument are the Corporate Seats of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF; I have hereunto set m hand affixed my Official Seal,
,,,..I�r���n,at the City of Newark, New Jersey the day and year first above written.
o°GpSITY
Ua NOT0.PY�}A
iY T T
='f Pu OTIC 5:
�:` A NOTARY PUBLIC OF NEW JERSEY
����'' gCr',.`' My Commission Expires April 16, 2019
CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certifylhat I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 21st day Of ...August, .2017
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. 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,
Section 3700 of the Labor Code. 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, and 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, and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary 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 one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
Schuler Constructors Inc. Page C-1
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily_ injury _an_d_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 one million dollars ($1,000,000)
combined single limit for each accident.
D. Builder's Risk Insurance. For Contracts with property exposures during
construction, Contractor shall maintain Builders Risk insurance or an
installation floater as directed by City, covering damages to the Work for "all
risk" or special causes of loss form with limits equal to 100% of the
completed value of contract, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement
for such coverage may include additional protection for Earthquake and/or
Flood. City shall be included as an insured on such policy, and Contractor
shall provide City with a copy of the policy.
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, and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
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 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, and
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, and
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
Schuler Constructors Inc. Page C-2
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. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
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
Schuler Constructors Inc. Page C-3
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.
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.
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.
J. 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
Schuler Constructors Inc. Page C-4
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
Schuler Constructors Inc. Page C-5
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 8/31/17 Dept./Contact Received From: Edwin
Date Completed: 9/7/17 Sent to: Edwin By: Jan
Company/Person required to have certificate: Schuler Constructors Inc
Type of contract:
1. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/17 —4/1/18
A.
INSURANCE COMPANY: Travelers Indemnity Company of CT
B.
AM BEST RATING (A-: VII or greater): A++/ XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
$IM/$2M+$4M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
M Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
M Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
M Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
M Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
E Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
11. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/17 —4/1/18
A.
INSURANCE COMPANY: Travelers Indemnity Company of CT
B.
AM BEST RATING (A-: VII or greater) A++/ XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
M Yes ❑ No
D.
LIMITS - If Employees (Must be $11M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
M N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes E No
H.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/17-4/1/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater): A++/XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
❑ Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
9/7/17
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.