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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.