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Home My WebLink AboutC-7428-1 - Spyglass Hill Reservoir MixerSeptember 24, 2020 Humphrey Constructors Attn: Richard Humphrey 21314 Hideout Drive Diamond Bar, CA 91765 Subject: Spyglass Hill Reservoir Mixer— C-7428-1 Dear Mr_ Humphrey: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAX newportbeachca.gov On September 24, 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 September 25, 2019 Reference No. 2019000368666. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 02433056. Enclosed is the Faithful Performance Bond. Sincer ly, Leilanit1. Brown, MMC City Clerk Enclosure nd No.: 02433056 i-remiwn: $3,481.00 O:(.Il:ii CITY OF NEWPORT BEACH BOND NO. 02433056 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,481.00 being at the rate of $ 21.05 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Humphrey Constructors hereinafter designated as the "Principal," a contract for the installation of conduit wiring and controls required for the addition of a submersible mixer to the existing Spyglass Hill Reservoir and other required improvements as detailed in the Contract Documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty 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 Hundred Sixty Five Thousand Four Hundred Dollars and 001100 ($165,400.00) 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. Humphrey Constructors v Page B-1 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. 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 26th day of April 0 19 . l Humphrey Constructors, Inc. 4 Name of Contractor (Principal) Authorize Signature it re The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Ste. 200 Orange, CA 92868 Address of Surety BililarGSGa3►.Tiit Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: - Aaron C. Harp City Attorney FA 1/rffiw�JM David Sandiford - Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Humphrey Constructors Page B-2 CALIFORNIA ALL- PURPOSLr CERTIFICATE OF ACKNOWLEDGMENT ENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On April 26th, 2019 before me, Roseruarie Geiger '—'—(F7"ere insert name an u e3'If on`�oflicer personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the personal whose name(e) is/ere subscribed to the within instrument and acknowledged to me that he/sheFthey executed the same in his/lceF/tftelf authorized capacity(aes), and that by his/I4eF/t4eip signature(o on the instrument the person( -s), 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. ��— `( WITNESS my hand and official seal. " R.Notary Pu GJE Calliornta ` 3 ' ' orarpe County ? e Commisston N 2282108 My Comm. Expires Mar 21, 2027 Notary Public Signat (Notary Public Seal) OPTIONAL IN DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) of Pages __-_ Document Date__ CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ❑ Partner(s) N Attorney -In -Fact ❑ Trustee(s) ❑ Other -----_.._.—.---- ---- - INSTRUCTIONS FOR COMPLETING THIS FORM This form complies With current California statutes regarding mutely wading and, if needed, should be completed and attached to the document Acknowledgments from other states may be completed jar documents being sent to that state so long as the warding does not require the California note,)- to violate California notary law. • Slate and County information must be the State and County where the document signer(s) personally appeared before the notary public Ibr acknowledgment. • Date of notarization must be lire date that the signer(s) personally appeared which must also be the sane dale the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the namc(s) of document signer(s) who personally appear at the time of nota'izalion. • Indicate the correct singular or plural forms by crossing off incorrect firms (i.e. he/she/they, is /are ) or circling the collect forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must nal cover text or lines. If seal impression suadges, re -seal if a sufficient area permits, otherwise complete it different acknowledgment torn. • Signature of the notary public nms't match the signature on file Willi the office of the county clerk. Additional infomration is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of mulched document. number of pages and lime. lodieato the capacity clainved by the signer. If the claimed capacity is a correlate on icer, indicate the title (i.c. CEO, CFO, Secretary). • Securely attach this document to the signed docmncnt with 11 staPlc. 10� Libe,rty mutual° SURETY This Power r ''orney limits the acts of those named herein, and they have uthorlty to bir : Company except in the manner and to the extent herein s. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197924-971922 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, *+++++++++ *David B. Smiciford******** all of the city of execute, seal, acknow of these presents and persons. Arcadia state of CA each individually if there be more than one named, Its true and lawful attorney-in-fact to make, and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, moognizances and other surety obligations, In pursuance be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their awn proper IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of November , 2018 . Liberty Mutual Insurance Company PV \NSURq P�•{Y IN3U a \NSURq The Ohio Casualty Insurance Company io°p°°"gr�'Aom e do°pPO't+rFO*y� p 3°°pPOagr�y�m West American Insurance Company x9191 3� 1 1919 o e 1991 20 a J•a7) p*eeNadD o�N N*Ne>�'adD'� ry,��xouNnNdD B 1+ M.N Y• State of PENNSYLVANIA County of MONTGOMERY ss aN I On this 8th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Keg of Prussia, Pennsylvania, on the day and year first above written. N yp PAST N Q4r aOrywe F� COMMONWEALTH OF PENNSYLVANIA tirVqri y Noietlel Seal �� OF Teresa P..W0,Notery PUNIC Upper Merbe Twp.. Montgomery County By: Y' My C°mmission Expires March 29,2021 vvvr �, Memeec Pann+ylreNa naOalatwn m N.Wa . areas Pastille, Notary Public `N This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual .S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: p ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fad, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety C: any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth In their respective powers of attorney, shall 0) have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Dinstruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII— Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed Such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation— The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a codified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26111 day of April , 2019 . P\, 1NSUgq P�{Y INSrjq � \NSU/7q nJ u°° a+r y0 ciJ cpRPoagr '2 SGP s°nroagr�y�m ora e 3 °b � 3 PO J 2 F g 1912 1919 M �(�...,,, r;e e3 ii r"g Q 1991 0 6 'fd sgcnUs+�,aD oxernPs+ D+Z Y aalnx* D,' Y. ay> * *� e+Hr A xNa s�,M * *ad Renis C. Llewellyn, Assistant Secretary _ LMS -12873 LMIC OCIC WAIL Multi Co 062018 No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles oflncorporallon or otherfundamental organizational dacanems, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Mariue, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Butler and Maebmery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws ofthe State offal forma. THIS CERTIIICATE is expressly co"Ifoned upon the holder hereofnow and hereafter being in full cotaphance with all, and not in violation ofalty, of the applicable laws and lawfid requirements made under authority of the laws ofthe State ofCal ifornto as long as such taws or require mems are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WHNESS WFIll REOF, effective as of the 19" day of March, 2013,1 have hereunto set my hand and caused my official seal to be affixed this 10 day of March, 2013. Dave Jones Inrurcmve 6bmmilsimer 11y Valerie 1. Satfaly for Nettie (loge Chivflkpnfy N(FI'ICE: Qualification with the Swmhny of %tato new be arcomplishai as regnimd by the Califgnia ("mporaliona Code promptly after issmmen oflhia Crrlifieatn nfAnOx,rily. Failnro to do w will be a violation of insurance Code section 701 and will be gaaatds fm' mvokinP thia Certificate of Authority poriaeu t to the WWalianta muds in the application therefor and the conditions ,a,nmined hatvin. 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 s es ) ss. On��c) _ 20 jq before me, Notary Public, personally appeared Qx'6Ay-8 >It ��j � who proved to me on the basis of satisfactory evidence to be tl4e person(pf whose name(/e'j is/ subscribed to the within instrument and acknowledged to me that he/s�e ted the same in his /t�r authorized capacity(ipg), and that by his/I�A Zhr signatures(O on the instrument the person(, or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �� STEVEN KIS commission 8 2116533 $ Notary Public • California _ Los Angeles County ]77vo�� My Comm. Ex fres Jul 18 2019+ (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 )ss. On , 20__ before me, Notary Public, personally appeared _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) I Iurnpilwy Cnicdruclow, Page B-3 December 2, 2019 Humphrey Constructors Attn: Richard Humphrey 21314 Hideout Drive Diamond Bar, CA 91765 Subject Spyglass Hill Reservoir Mixer C-7428-1 Dear Mr. Humphrey: 1'11Y OF N9EWPORfBEACH 100 Civic Center Drive Newport Beach, California 92660 949-6443005 1 949-644-3039 FAX newportbeachca.gov On September 24, 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 September 25, 2019, Reference No. 2019000368666. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 024233056. Enclosed is the Labor & Materials Payment Bond. Sincerely, V4i 44 ! Leilani I. Brown, MMC City Clerk Enclosure Bond No.: 024233056 Premium: Included EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024233056 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Humphrey Constructors hereinafter designated as the "Principal," a contract for the installation of conduit wiring and controls required for the addition of a submersible mixer to the existing Spyglass Hill Reservoir and other required improvements as detailed in the Contract Documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, The Ohio Casualty Insurance Compare 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 Hundred Sixty Five Thousand Four Hundred,Dollars and 001100 ($165,400.00) 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 Humphrey Constructors Page A-1 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. 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 April day of 26th 2019 . Humphrey Constructors, Inc. Name of Contractor (Principal) Authorized ignatu e/Title The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Ste. 200 Orange, CA 92868 Address of Surety 800-763-9268 Felephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 4101,11 By: A on C. Harp City Attorney itaki1!A David Sandiford - Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Humphrey Constructors Page A-2 Liberty Mutual. SURETY This Power e' `ooney limits the acts of those named herein, and they have • •uthority to bit, : Company except in the manner and to the extent herein s, Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197924-971922 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, *******+++ *David B. Sandiford******** all of the city of Arcadia state of execute, seal, acknowledge and deliver, for and on its behalf as surf of these presents and shall be as binding upon the Companies as persons. and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance they have been duly signed by the president and attested by the secretary of the Companies in their own proper IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of November , 2018 . Liberty Mutual Insurance Company P� tNSURo v�tY IN3H 1NsuHq The Ohio Casualty Insurance Company Jac°pPO"+.��om ��°°aPON+>� 2m P�°"PD"*>•o'pom West American Insurance Company r i 1912 '; i i�A 1919 p+ � Q 1991 0 YdJl9em9eHU9`-,da O*HAMYS�'.aa�O Ys �NOIANr' .da31� Hiy + ti,� Hl + *0 dM + 8N By: n—irl nn r,.e„ State of PENNSYLVANIA County or MONTGOMERY ss this 8th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance apany, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes em contained by signing on behalf of the corporations by himself as a duly authorized officer. WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. C PAST Q4i ea°Nwfy �( COMMONWEALTH OF PENNSYLVANIA A IN '880' IrU t� ri D oG Teresa Pastella, Notary Public Upper Merion Twp, Montgomery County By; e My Commission Expires Match 2a, 2021 ti snvP`��o Teresa Pastella, Notary Public OJq�, P�V Member, PennsyWno Association or NoW es This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV – OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -In -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII – Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation– The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 261h day of April 2019 . Px, 1NSUH9 P�'SY INSHp� a \NSUgq tiJ °oaaoN�r Zt+ yJ ooasoeyr '9 UP °avoR*A ti 1912 o f 1919 o a 1991 0 f w dJ1y�'e4CHUa�.dD SO ryNAMPS�P a� Y H°IANP a3 By: H7> + tiN 'xHl + t,� sgM + Naa Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIL Multi Co 062018 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 On April 26th, 2019 before me, �� Rosemarie Geiger ,ante inane name-'�nhlliceT� personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the personH whose name(e) isNare subscribed to the within instrument and acknowledged to me that he/4fek-hey executed the same in his/He0ffemif authorized capacity(aes), and that by his/1490.1il signature() on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,.a R. GEIGER .r Notary Publlc • California /) a Orange County j8 Commission p 2282108 li My Comm. Expires Mar 21, 2027 Notary Public Signal a (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) or description Number of Pages __ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer Ire —`— ❑ Partner(s) N Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Thisjormcomplieswith current Cali%omit, statutes regm'ding lately Iva ding and, iI needed, should be completed and attached to the document. Aclaroodedgments from other stales may he campleted for documents being sent to that state so long as the wording does not require the Colifw'nia notary to violate California notary, larv. • Slate and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signcr(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or hw' commission followed by a comma and then your title (notary public). • Print tire mmac(s) of document signers) who personally appear it the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect tomo (i.e. he/she/they,- is late ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal hapression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, rc-seal tin sufficient area permits, olhencise complete a different acknowledgment form. • Signature of the notary public must match the signauu'e an file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, • Indicate title or type of attached document, number of pages and (title. Indicate the capacity clainhed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State ofCalfirnia, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles offncorporation or otherfundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance., Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws ofthe State ofCalifornla. THIS CERTIFICATE is expressly conditioned upon the holder hereofnow and hereafter being in full compliance with all, and not in violation ofany, ofthe applicable laws and lawful requirements made under authority ofthe laws ofthe State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WTITIESS WHEREOF, effective as of the 194' day of March, 2013,1 have hereunto set my hand and caused my official seal to be affixed this Ie day of March, 2013. Dave Jones buurance commfnloner Va 4 , By Valerie J. Sarfaty for Nettie Hoge Cht f ue'rty NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly alter issuance ofthis Cortiftcate ofAuthority. Failure to do so will be a violation of insurance Code section 101 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. 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 L&©� ' I ss. On $br�i Lao 20 before me, 1S40\je'..' c Notary Public, personally appeared who proved to me on the basis of satisfactory evidencd to be Ahe persono whose name(p) is� subscribo to the within instrument and acknowledged tome that he/s'06/may executed the same in his/ r/t r authorized capacity(i ), and that by his/h t r signatures(o) on the instrument the person( or the entity upon bdhalf of which the person(oacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature STEVEN KIM Commission # 2116533 Notary Public - California = Z Los Angeles County 4 Comm. Ex ires Jul 16, 2019 (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _--__--.I ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Humphrey Constructors Page A-3 Batch 5188152 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII NO FEE «$ R 0 0 1 1 1 s 2 s e 4 s. 201900036866611:32 am 09125119 90 SC5 N72 i 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 Humphrey Constructors, Diamond Bar, Califomia, as Contractor, entered into a Contract on April 26, 2019. Said Contract set forth certain improvements, as follows: Spyglass Hill Reservoir Mixer- C-7428-1 Work on said Contract was completed, and was found to be acceptable on September 24. 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. Pctblic 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. Executed on V �I +p�tLU' f` vW' %�, at Newport Beach, California. City Clerk littps:Hgs.secure-recording.com/Batch/Coiifirmation/5188152 09/25/2019 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 Humphrey Constructors, Diamond Bar, California, as Contractor, entered into a Contract on April 26, 2019. Said Contract set forth certain improvements, as follows: Spyglass Hill Reservoir Mixer - C-7428-1 Work on said Contract was completed, and was found to be acceptable on September 24, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. M F�Ublic 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. Executed on 2X; at Newport Beach, California. m City Clerk �� CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 5th day of March, 2019, at which time such bids shall be opened and read for SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 $150,000 Engineer's Estimate Approve by Mi ha I J. inacori Act City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Bidders are required to attend a Mandatory Pre -Bid Meeting at the project site (Intersection of Morro Bay Dr. and Goleta Point Dr, Newport Beach CA 92625) on February 20, 2019 at 10:00 AM Contractor License Classification(s) required for this project. "A" or "C-10" For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 TECHNICAL SPECIFICATIONS............................................................................... TS -1 K City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, K7 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 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. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that t above has en i ed. i ", ,/, , Contractor's License No. & Classification Authorized Signature/Title 10 (206)0ova (�'-.?o l DIR Reference Number & Expiration Date kit, A Bidder 5 3- 41-17 Date Q rs City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount Bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SPYGLASS HILL RESERVOIR MIXER, Contract No. 7428-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 19th a," a �,,r 9 ('60, rtv,, ef Narfe of C ntractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South - Ste. 200 Orange, CA 92868 Address of Surety 714-621-0713 Telephone day of ruary 2019. Authorize Signature/Title = Authorize A ig re David Sandiford - Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 101 STI Commiss Notary PL Los An w �r"µ My Comm. E VEN KIM on # 2116533 clic - California z teles County D pires Jul 18, 2019 ACKNOWLEDGMENT ............................................................................... A notary public or other officer completing this certificate verifies only State of California the identity of the individual who signed 1 the document to which this certificate is County of _�oS , HE5 ) SS. attached, and not the truthfulness, accuracy, or validity of that document. On aa-c'k 4 before me, '<Anie"& KMnn Notary Public, personally appearedbmmait'--y proved to me on the basis of satisfactory evidence to be the person subscribed to the within instrument and acknowledged to me that he/s/tl- in his/�/t Ir authorized capacity(), and that by his/�/tXr signatAE the person(, or the entity upon behalf of which the person' acted, exec ,who whose name( Is/qK 4 executed the same s( -j on the instrument uted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. STEVEN KIM Commission # 2116533 WITNESS my hand and official seal.a ° _m Notary Public - California z Z ' Los Angeles County _ My Comm. Expires Jul 18, 2019 Signature 0 0 0 0 0000 ■ 0 0 0 0 0 0 0 a 0 0 0 0 0 a 0 0 0 0 0■■ 0 0 0 0 0 x■■ 0 0 0 0 0 0 0 0 a a 0 0 0 0 0 a a a 0 0 0 0 0 0 0 0 a a 0 a ... ■ 0 0 0 000 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7721794 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, David B. Sandiford; Jeffrey R. Gryde all of the city of Laguna Niguel , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of April 2017 INS, ,P t N1/� C ti S l y The Ohio Casualty Insurance Company Liberty Mutual Insurance Company �t0e V rn a4) ,2 1911 1491 a' West American Insurance Company = Ja By: _. David M. Carey, Assistant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY = pf On this 6th day of April 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance O V E— v 41 Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes p :3therein contained by signing on behalf of the corporations by himself as a duly authorized officer. LU G) > S IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. O a P RASP - _ COMMONWEALTH PENNSYLVANIA Notarial Seal 4_4 Teresa By O Paste la, Notary Public .__...._._.._........._..._......_------ ................ ..._._..__—...___..............._.___....._...... OF L Z= O d Upper Menonrwp., Montgomery County Teresa Pastella, Notary Public y�y O `g My Commission Expires March 28, 2021CU a 4, �'SYIN� 4 3 Member. Pennsylvania Association of Notaries O+�+ARY 4� 0- This This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual N a ` Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: C Im tss a? ARTICLE IV— OFFICERS— Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O = 4; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O ,� acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective a0i y powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so N tr}executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under402 > = 2 � 2 the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.04 _ yr ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to rnake, execute, M +� 0V seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their o respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. V r O t0 Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked 19th February 19 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 y 1 '31912 �. 1991 By: v Renee C. Llew ssistant Secretary 124 of 200 LMS 12873 022017 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 } On February 19th, 2019 before me Rosemarie Geiger (Here insert name and title of the officer) personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the person(f+whose name{-islaF&subscribed to the within instrument and acknowledged to me that hei4 chef ey executed the same in his/authorized capacity(ie- , and that by hisfhei�+�signaturefs}on the instrument the persons , or the entity upon behalf of which the persor*stacted, 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. ROSEMARIE GEIGER WITNESS my hand and official seal. • Commission # 2101454 z z Notary Public - California z z Orange County D My Comm. Expires Feb 26, 2019+ Notary Public Signature V (Notary Public seal) AINSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL IN This form complies with current California statutes regarding notary wording and, CESCRIPTICN CF THE ATTACHEDDOCUMEVT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as Ute wording does not require die California notary to violate California notary law. (Title cr description dattached doairrent) QState and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. mate of notarization must be the date that the sigrler(s) personally appeared which (Title or description of attached docurnent ocntinued) must also be the same date the acknowledgment is completed. Ilfhe notary public must print his or her name as it appears within his or her Nurrber of Pages Gbcur na t Cate commission followed by a comma and then your title (notary public). I711'rint the rranre(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER landicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are ) or circling die correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer Mrhe notary seal impression must be clear and photographically reproducible. Impression must not cover text or lilies. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) QSignahrre of the notary public must match the signature on file with the office of the county cleric. ® Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other 0 Indicate title or type of attached document, number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a col porate officer, indicate the title (l.c. CEO, CFO, Secretary). 2015 Version ::n a.Pdetaryulas es.com 8-00-873-9865; ITISecurely attach this document to the signed document with a staple. City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. c ff'-fAtArty n dder Auth rized Signature/Title 9 City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. o n. f -fr%4 e 7A r FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the folloWing information: No. 1 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. I / / �/P _A a C/w �� j'�c�� '�,5� �►il.M I / / No. 2 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal o the Contract is current financial conditions. / I Bidd A orized ignature/Title 13 HC Humphrey Constructors Completed Projects Title: Ocean Water Demonstration Facility Decommissioning Description: Demolition of Desalination Facility both Onshore and Offshore Contract Amount: 754,000 Owner: West Basin Municipal Water District 17140 S. Avalon Blvd Suite 210 Carson, CA 90746 Contact: Mario Bautista 909-660-6296 Email: MarioB@westbasin.org Year Completed: 2017 Title: Install Bus Shelters Description: Install bus shelters Contract Amount: 187,923 Owner: City of Fontana 8353 Sierra Ave Fontana, CA 92335 Contact: Jeffrey Kim 909-350-6724 Email: JKim@fontana.org Year Completed: 2017 Title: Soil Vapor Extraction Wells Description: Install wells to extract methane gas Contract Amount: 105,573 Owner: City of Redlands 35 Cajon St Suite 222 Redlands, CA 92373 Contact: Zach LaBonte 909-798-7655 Email: zlabonte@cityofredlands.org Year Completed: 2016 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email rich@hcon.us Title: POWRP Alum Station Description: Install concrete containment wall Contract Amount: 35,800 Owner: LACSD PO Box 4998 Whittier, CA 90607 Contact: Angela Chang 562-908-4288 ext 3535 Email: achang@lacsd.org Year Completed: 2016 Title: Installation of Metro Rapid Bus Shelters Description: Install bus shelters Contract Amount: 177,500.00 Owner: City of Monterey Park 320 West Newmark Ave Monterey Park, CA 91754 Contact:Vivian Chen 626-307-1321 Email: VChen@MontereyPark.ca.gov Year Completed: 2016 Title: RP -1 Aeration Ducting Repair Description: Replace valves and expansion joints Contract Amount: 850,000.00 Owner: Inland Empire Utility Agency 6075 Kimball Avenue Chino, CA 91708 Contact: John Scherck 909-993-1547 Year Completed: 2015 Title: Bartolo Drain Unit 2 Pump Plant Pump Station Upgrade Description: Replace Gear drive and 500 HP electric motor Contract Amount: 1,232,000.00 Owner: County of Los Angeles Department of Public Works PO Box 1460 Alhambra, CA 91802-1460 Contact: Brian Mossberg 626-607-7586 Year Completed: 2015 Title: Sodium Hypochlorite Tank Replacement Description: Replace 31,000 gallon fiberglass tank Contract Amount: 151,000.00 Owner: West Basin Municipal Water District 17140 S. Avalon Blvd Suite 210 Carson, CA 90746 Contact: Susanna Li 310-660-6238 Year Completed: 2014 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email rich@hcon.us Title: Forest Shade Lift Station Modifications Description: Replace lift station pumps Contract Amount: 80,000.00 Owner: Crestline Sanitation District PO Box 3395 Crestline, CA 92325-3395 Contact: Mark Pattison 909-338-1751 Year Completed: 2013 Title: Puente Hills Landfill Gas Collection System - 2012 Description: Methane gas collection trenches and headers Contract Amount: 1,800,000.00 Owner: Los Angeles County Sanitation District PO Box 4998 Whittier, CA 90607 Contact: Kurt Greeb 310-710-1663 Year Completed: 2013 Title: Bus Shelters, Benches, and Trash Receptacles Project No. 216-6845 Description: Install bus shelters, benches, and trash receptacles Contract Amount: 412,000.00 Owner: City of Pomona PO Box 660 Pomona, CA 91769 Contact: Richard Dimalanta 909-322-5912 Year Completed: 2012 Title: Puente Hills Landfill Gas Collection System Dewatering Description: Methane gas collection headers and leachate well pumps Contract Amount: 500,000.00 Owner: Los Angeles County Sanitation District PO Box 4998 Whittier, CA 90607 Contact: Kurt Greeb 310-710-1663 Year Completed: 2012 Title: Scholl Canyon Landfill Gas Collection System - 2012 Description: Methane gas collection trenches and headers Contract Amount: 1,100,000.00 Owner: Los Angeles County Sanitation District PO Box 4998 Whittier, CA 90607 Contact: Jubilant Ako 626-962-8605 ext. 6214 Year Completed: 2012 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email rich@hcon.us Title: Puente Hills Landfill Gas Collection System - 2011 Description: Methane gas collection trenches and headers Contract Amount: 1,500,000.00 Owner: Los Angeles County Sanitation District PO Box 4998 Whittier, CA 90607 Contact: Kurt Greeb 310-710-1663 Year Completed: 2012 Title: Calabasas Landfill Gas Collection System - 2010 Description: Methane gas collection trenches and headers Contract Amount: 310,000.00 Owner: Los Angeles County Sanitation District PO Box 4998 Whittier, CA 90607 Contact: Kurt Greeb 310-710-1663 Year Completed: 2011 Title: Destruct Five Lift Stations Description: Demolition of sewage lift stations Contract Amount: 70,000.00 Owner: City of Ontario 1425 S. Bon View Ave Ontario, CA 91761 Contact: Andy Marquez 909-395-2683 Year Completed: 2011 Title: Barstow Landfill Gas Collection System Description: Install 47 wells, 5000 LF of 8" header, condensate sumps Contract Amount: 550,000.00 Owner: County of San Bernardino 825 East Third Street San Bernardino, CA 92415 Contact: Mike Murphy 909-653-5166 Year Completed: 2010 Title: SD 12 and SDI 3 Storm Drain Pollution Trap Nets Description: Install trash netting system at two storm drain pump stations Contract Amount: 650,000.00 Owner: City of Long Beach 333 West Ocean Blvd Long Beach, CA 90802 Contact: Robert Solis 562-762-9943 Year Completed: 2010 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email rich@hcon.us 2123 Sandra Dr. Phone (909) 635-4475 Riverside, CA 92509 Jose Sanchez Work Experience 1973-1976 C. Harper Construction General Labor ■ Underground Pipe 1976-1977 Henson Construction General Labor ■ Underground Pipe 1997 LA Engineering Jobsite Superintendent ■ Underground Pipe Education Languages 1999 Ecology Construction Jobsite Superintendent ■ Underground Pipe 1977-2003 Clarke Contracting Corp Foreman ■ Underground Pipe and Landfills 2004-2006 Ecology Construction Jobsite Superintendent ■ Treatment plants and Landfills 2007 -present Humphrey Constructors Jobsite Superintendent ■ General Engineering, Landfills 1969-1973 Mountain View High School General Education Bilingual (English/Spanish) Gardena, CA Bell Gardens, CA Los Angeles, CA Canoga Park, CA Lawndale, CA Canoga Park, CA Diamond Bar, CA EI Monte, CA Skills Sewer Pipes (all sizes) Storm Drain (all sizes) HDPE Fusing Dewatering Groundwater AC Paving Refrences Recent Projects Construct Pump Stations All Types of Shoring/ Deep Excavation 40 hr Hazardous Material Training Competent Person Training John Clarke, Clarke Contracting 4646 Manhattan Beach Lawndale, CA (310) 542-7724 Chris Ochoa, Clarke Contracting 4646 Manhattan Beach Lawndale, CA (310) 505-7395 Lance Janteih, LJ Construction 2121 Temple Ave. Signal Hill, CA (562)498-7128 Manage Multiple Crews Deep Excavations OSHA 30 Hour Certificate Methane Gas Pipe Systems Confined Space Training Fred Soroudi, Environmental Construction 21550 Oxnard St Ste 1050 Woodland Hills, CA (818) 449-8920 • Sewage Lift Station Big Bear Lake • Puente Hills Landfill Power Transmission • Calabasas Landfill Gas Collection Systems • City of Los Angeles (multi -projects) • Public Works (30 years experience) • Los Angeles County Sanitation Landfills Gas Collection Systems (many) City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County ofl—�')L-, Ar ) being firstt duly s orn,Peposes and says that he or she is of17��5,1/l/'a t'j-, /A-� , the party making the foregoing bid; that the bid is not made in the inte st , or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 11 I declare under penalty of perjury of the laws oft ta#e o C ' ornia that the foregoing is true and correct. 'dder Authorized Signature/Title dl Subscribed and sworn to (or affirmed) before me on this day of 12019 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 Notary Public My Commission Expires: Coml Notai ��` Lo My Com A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Anqeles Subscribed and sworn to (or affirmed) before me on this 4th day of March , 20 19, by RICHARD HUMPHREI proved to me on the basis of satisfactory evidence to be the person who appeared before me. STEVEN KIM commission # 2116533 z a: -m Notary Public - California z z Los Angeles county n My comm. Expires Jul 18, 2019 , (Seal) Signature STEVEN KIM ission # 2116533 Public - California z Angeles County D Expires Jul 18, 2019 City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 DESIGNATION OF SURETIES Bidder's name 4 Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): -- -7 -/ f7- 15 City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name % P n~S ��c'� Record Last Five (5) Full Years Current Year of Record )0 The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. i[V Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Total 2019 No. of contracts Total dollar Amount of Contracts (in /yo 00 n 'V'0,10 5wp nq �f oA o 76a00 Thousands of $ No. of fatalities No. of lost Workday Cases / O No. of lost workday cases involving permanent transfer to n C) ^ L l n L another job or termination of employment )0 The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. i[V Legal Business Name of Bidder Business Address: Business Tel. No.:t- State Contractor's License No. and Classification: Title The above information was compiled from the re&rds tfiaf are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. n Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI # >= STI CofllmisS ppb ? Notary Pi Los Ar c, My Comm. E 17 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 Los Angeles On March 4, 2019 before me, Steven Kim, Notary Public personally appeared RICHARD HUMPHREY who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. sTEVEN KIM Commission # 2116533 7 -m Notary Public - California z Z ' Los Angeles County D My Comm. Expires Jul 18, 2019 Signature (Seal) SEN KIM ,n # 2116533 lic - California z ,les County D )ires Jul 18, 2019 Humphrey Constructors MEETING OF THE BOARD OF DIRECTORS OF Humphrey Constructors A meeting of the Board of Directors of Humphrey Constructors was held on 2-4-14 whereby a resolution was passed authorizing Richard Humphrey, President. by his signature, to enter into any and all contractual obligations on behalf of this corporation. Richard Humphrey Secretary Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email rich@hcon.us City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name ML4AAJke1j, 6^-S-jwe i f The bidder shall signify r ceipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature IR] City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: /pe a -�- �ru c A rf Business Address: o% �/ i 14) G roi t igr. Telephone and Fax Number: 57— w-*** ?-r `71f94— 90 y. s'79 —0 yj�e California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: /0-%)T-04* Expiration Date: /G)-- ?1) Z 5 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, add phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone #4A/)J1r1f4. -lot, ir / "0 Corporation organized under the laws of the State of WE The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; �QA/ gP Have you ever had a contract terminated by the owner/agency? If so, explain. Afn Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 year, id you have any claims or actions by any outside agency or individual for labor c pliace (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 20 Are any claims or actions unresolved or outstanding? Yes 6 o If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. ,at ,� /—e Print name of 6wneror Presid t of Coxp a 'o ompany) Nul �1f P Kir / y�� A B—id d r Authorized Signature/Title Titl Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 21 (SEAL) Fe A 0'&e- j STE' commissil G,;mn Notary Put Los Ang My Comm. Ex 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 Los Angeles On March 4, 2019 before me, Steven Kim, Notary Public personally appeared RICHARD HUMPHREY who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. As, TEVEN KIM 5. Commission # 2116533 Z ;-� Notary Public - California n Z ' Los Angeles County M Comm. Expires Jul 18, 2019 Signature �(Seal) N KIM i # 2116533 z c - California z les County D res Jul 18, 2019 City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 SPYGLASS HILL RESERVOIR MIXER CONTRACT NO. 7428-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 26th day of April, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and HUMPHREY CONSTRUCTORS, a California corporation ("Contractor"), whose address is 21314 Hideout Drive, Diamond Bar, California 91765, 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 installation of conduit wiring and controls required for the addition of a submersible mixer to the existing Spyglass Hill Reservoir and other required improvements as detailed in the Contract Documents (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. 7428-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Sixty Five Thousand Four Hundred Dollars and 00/100 ($165,400.00). 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 Richard Humphrey to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing Humphrey Constructors Page 2 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 claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: 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: Richard Humphrey Humphrey Constructors 21314 Hideout Drive Diamond Bar, CA 91765 8. INDEPENDENT CONTRACTOR Humphrey Constructors Page 3 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 (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Humphrey Constructors Page 4 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 Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 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 Humphrey Constructors Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition 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 Humphrey Constructors Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of 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. Humphrey Constructors Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 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. Humphrey Constructors Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Humphrey Constructors Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By. ze Aaron C. Har City Attorney ATTEST: � Date: 9&-J By:-O)P� Leilani I. Brown City Clerk® CITY OF NEWPORT BEACH, a California municipalorpQrgtion Date: By: JeDiane Mayor I:jowlI � e l CONTRACTOR: Humphrey Constructors, a California corporation Date: By: Signed in Counterpart Richard Humphrey Chief Executive Officer/ Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Humphrey Constructors Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:—'f By: Aaron C. Har6 44 -lIA City Attorney ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By - Diane B. Dixon Mayor CONTRACTOR: Humphrey Constructors, a California corporation Date: By: e?) Richard Humphrey Chief Executive Officer/ Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Humphrey Constructors Page 10 Bond No.: 024233056 Premium: Included EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024233056 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Humphrey Constructors hereinafter designated as the "Principal," a contract for the installation of conduit wiring and controls required for the addition of a submersible mixer to the existing Spyglass Hill Reservoir and other required improvements as detailed in the Contract Documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, _ The Ohio Casualty 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 Hundred Sixty Five Thousand Four Hundred Dollars and 001100 ($165,400.00) 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 Humphrey Constructors Page A-1 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. 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 April day of 2611 2019 . Humphrey Constructors, Inc. Name of Contractor (Principal) Authorized tignatureffitle The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Ste. 200 Orange, CA 92868 Address of Surety 800-763-9268 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 46(7((j By: A on C. Harp City Attorney I MAZAL115A ONE David Sandiford - Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Humphrey Constructors Page A-2 Liberty _Mutual, SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197924-971922 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, ********** *David B. Sandiford******** all of the city of Arcadia state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of November , 2018 . Liberty Mutual Insurance Company PV 1NSURq P�Sv INS& %Nsu, � The Ohio Casualty Insurance Company J=4pRPOo%� QJ't4ORt'ORgTO�2C� Q'� URPDRgTQm West American Insurance Company LU 1912y0 0 1919 n 1991 n d� 3q CHU5� .aa ° �RAMPS�`,aL� �s �NDIANP' .aa y, , B David M. Carey, Assistant Secretary ilk Cn rn N c N State of PENNSYLVANIA > County of MONTGOMERY ss �rn o On this 8th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes — " > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. M W g IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written, ami Q _ c N cn 9P PAST O M O QF' hnoNWF F� COMMONWEALTH OF PENNSYLVANIA r�`f qhs y Notarial Seal Q -p do OF Teresa Pastella, Notary Public IM& OO Upper MerionTwp., Montgomery County By;rll v My Commission Expires March 28, 2021 rosy, P� G Teresa Pastella, Notary Public E ry q Member, Pennsylvania Association or Notaries O O qR' P� �' O N N N (D a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual :S a' o .S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aa) aS ARTICLE IV–OFFICERS: Section 12. Power of Attorney. 1 o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the ) >1 President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > o M c any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall Q N T have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such :E 00 Zinstruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the co provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o 0 ARTICLE XIII – Execution of Contracts: Section 5. Surety Bonds and Undertakings. 0 Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, H (D shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of April 2019 1NSUR V11 INS& a %NSUR J P4ORP0/rgrOti�ft�PGURPORgrVy� URPORgTq�•C1 1912 0 o y 1919 o s 1991 0 " By. G�+►�— di�9sS4CNUsda y° RAMPSA �s NOIANP da Renee C. Llewellyn, Assistant Secreta ry LMS -12873 LMIC OCIC WAIC Multi Cc 062018 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 On April 26th, 2019 before me, Rosemarie Geiger ere insert name and title of Fh officer) personally appeared David B. Sandiford I who proved to me on the basis of satisfactory evidence to be the person(s) whose name( -s) isEa-re subscribed to the within instrument and acknowledged to me that he/slreAhey executed the same in his/beFAA4�e f authorized capacity(ae ), and that by his/ber 444 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(sl 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. ,, R. GEIGER Notary Public • California Orange County Commission p 2282108 My Comm. Expires Mar 21, 2023 Notary Public Signat e (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATIONINSTRUCTIONS FOR COMPLETING THIS FORM This,/orm complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needecl, should be completed and attached to the docmnent. Acknowledgments frrom other states may be completed.jor documents being sent to that state so long as the wording aloes not require the California notcuy to violate California notary, law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Title or description of attached document continued) • Date of notarization mast be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. Number of Pages Document Date • The notary public must print his or her name as it appears within his or her __ commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal it' a sufficient area permits. otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of (lie county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document. number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (ix. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. No. 5133.4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company ofNew Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 19" day of March, 2013,1 have hereunto set my hand and caused my official seal to be affixed this 19ei day of March, 2013. Dave Jones Inmraice Co nmruroner By Valerie J. Sarfaty for Nettie Hoge ChiefD"ty NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation of insurance Code section 701 and will be grounds for revoldng this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of " ( __ }ss. `l On �r i� 30 _�20 before me, 'S6\J ea r , Notary' Public, personally appeared who proved to me on the basis of satisfactory evidencel, to be he person whose name(O is� subscribed to the within instrument and acknowledged to me that he/s /may executed the same in his/ r/t r authorized capacity( ), and that by his/h t�r signaturesol on the instrument the person' or the entity upon b half of which the person%acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Humphrey Constructors Page A-3 STEVEN KIM Commission # 2116533 Z :-u Notary Public - California D Z Los Angeles County My Comm. Expires Jul 18, 2019' (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 }ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Humphrey Constructors Page A-3 Bond No.: 02433056 Premium: $3,481.00 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 02433056 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,481.00 , being at the rate of $ 21.05 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Humphrey Constructors hereinafter designated as the "Principal," a contract for the installation of conduit wiring and controls required for the addition of a submersible mixer to the existing Spyglass Hill Reservoir and other required improvements as detailed in the Contract Documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty 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 Hundred Sixty Five Thousand Four Hundred Dollars and 00/100 ($165,400.00) 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. Humphrey Constructors Page B-1 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. 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, and Surety above named, on the Humphrey Constructors, Inc. Name of Contractor (Principal) this instrument has been duly executed by the Principal 26th day of April 0 19 . l Authorize Signatureffit e The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Ste. 200 Orange, CA 92868 Address of Surety 800-763-9268 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney David Sandiford - Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Humphrey Constructors Page B-2 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 On April 26th, 2019 before me, Rosemarie Geiger ere insert name an tLte o macer personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the person( -j whose name( -s) isfafe subscribed to the within instrument and acknowledged to me that he/sl:�eAhey executed the same in his/h-eFA4tef authorized capacity(�eS4, and that by his/l,�;44e# signature(-&) on the instrument the personFs4, 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. Thir.(orm complies with current California statuties regarding notary ivording ana, WITNESS my hand and official seal. ,,';"'.-. R.GEIGER Notary Public - California Orange County Commission q 2282108 " My Comm. Expires Mar 21, 2023 J Notary Public Signat (Notary Public Seal) from other states unav be conq)leted. jor documents being sent to that state so long INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thir.(orm complies with current California statuties regarding notary ivording ana, DESCRIPTION OF THE ATTACHED DOCUMENT if'needed, should be completed and attached to the document. Acknowledgments from other states unav be conq)leted. jor documents being sent to that state so long as the wording does not require the California notatY to violate California notary lay. (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Title or description of attached document continued) • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. Number of Pages Date • The notary public must print his or her name as it appears within his or her __Document commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer It e ❑ Partner(s) IN Attorney -in -Fact ❑ Trustee(s) ❑ Other • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits. otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Liberty Mutual.: SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197924-971922 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, ********** *David B. Sandiford******** all of the city of Arcadia state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of November , 2018 . Liberty Mutual Insurance Company P� tNSUpq P\1Y INS& tNSUgq The Ohio Casualty Insurance Company aJ VORPD�T y(1 gJ peRPDR7T �gy \VP ooaPOR4r ti0 West American Insurance Company > J 3 Fo 3 Fo m 2 Fo rn CU 1912 0 0 1919 0 7 1991 0 � Ir i y O y O Q O N 9sCHUS� .da3 SOHAMP`'a`.aa� les �NDIANP da3 r C By: N David M. Carey, Assistant Secretary Co State of PENNSYLVANIA > m ai County of MONTGOMERY ss a) On this 8th day of November 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes — > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W _a ru IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. n C'U) I* PAS p Cl) N q<,5 t,,oMv,F r�! COMMONWEALTH OF PENNSYLVANIA n . 9< < No OF tarial Seal / do ` Teresa Paslella, Notary Public o N Upper MerionTwp., Montgomery County By: My Commission Expires March 28, 2021 E 2 NgYLJP Teresa Pastella, Notary Public O M Q) OTgF P�? Member, Pennsylvania Association of Notaries 0- O a) ( O .0 a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o .E Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: o a) E ai a ARTICLE IV - OFFICERS: Section 12. Power of Attorney, 3 o PAny officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or theU 'o >1 President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > O M c any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall =0 N — - have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such 00 0 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the vE M provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o 0 ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. 0- 0 Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of April 2019 1NSUR �tY INS,,%Nsl JP `oaroRyTo y�t� Q Q °oaaoRgTogy� VPS oaPOR,yTgyC� 3 m 3 m p� Fo cn 1912 00 y 1919 o a 1991 0 — c,�,�Gy`'.- d�gsacH�s`�da y0� NgMPs*`da� �'s NDIAN� da By. Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 062018 No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of Californk The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorizedto transact within this State, subject to all provisions of this Certificate, the following classes of insurance: FIre, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the 19ei day of March, 2013,1 have hereunto set my hand and caused my official seal to be affixed this IYA day of March, 2013. Dave Jones tnsarwice Commisolowr -N4�- 441T By Valerie J. Sarfaty for Nettie Hoge Chief NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation ofinsurance Code section 701 and will be grounds for revolting this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. 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 s- - 6s }ss. On Am-` _, 20I_ before me, �Ve(y Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be tlie person(X whose name(*is, subscribed to the within instrument and acknowledged to me that he/sW/t�4 executed the same in his /t�r authorized capacity(), and that by his/f�/t�r signatureso on the instrument the person(, or the entity upon behalf of which the person(y acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature STEVEN KIM Commission # 2116533 z a -u Notary Public - California z Z Los Angeles County My Comm. Expires Jul 18, 2019 (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 } ss. On 20before me, _ Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Humphrey Constructors Page B-3 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 Humphrey Constructors 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 and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to 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 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. ollowing: 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 Humphrey Constructors Page C-2 (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 intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may Humphrey Constructors Page C-3 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 specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Humphrey Constructors Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/18/19 Dept./Contact Received From: Raymund Date Completed: 6/20/19 Sent to: Raymund By: Jan Company/Person required to have certificate: Humphrey Contractors Type of contract: Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 2/9/19 — 2/9/20 A. INSURANCE COMPANY: Landmark American Insurance Company B. AM BEST RATING (A-: VII or greater): A+/ XIV A. C. ADMITTED Company (Must be California Admitted): B. AM BEST RATING (A-: VII or greater) A / XIII Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M/$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 include): Is it included? (completed Operations status does E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND F. ADDITIONAL INSURED WORDING: ❑ N/A COMPLETED OPERATIONS ENDORSEMENT (completed G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City I. NOTICE OF CANCELLATION: 0 N/A its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N 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 N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 2/11/19 — 2/11/20 A. INSURANCE COMPANY: California Automobile Insurance Company B. AM BEST RATING (A-: VII or greater) A / XIII C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M 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. ADDITIONAL INSURED WORDING: ❑ N/A N Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A N Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: N N/A ❑ Yes ❑ No I. NOTICE OF CANCELLATION: 0 N/A N Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 2/24/19 — 2/24/20 A. INSURANCE COMPANY: Oak River Insurance Company B. AM BEST RATING (A-: VII or greater): A++/XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM H. NOTICE OF CANCELLATION: 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? Ap Agent of Alliant Insuralree-Se es Broker of record for the City of Newport Beach 6/21/19 Date ® Yes []No ® Yes ❑ No $1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® 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: Risk Management approval required for non -admitted General Liability carrier. 6/20/19 Risk Management approved use of non -admitted carrier. Approved: Risk Management Date * Subject to the terms of the contract. City of Newport Beach SPYGLASS HILL RESERVOIR MIXER Contract No. 7428-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7428-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: Date 4Ay- qr--5`'yr A' 9oCF-(f q Y --O/ #/ Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classifications) Bidder's email address: / 1 I fitfj rPt�Or/ der Bidder's Au#horized Signature and Title a�3��tlfIdea yr.Or0 �>>4s Ar � j9f - L4 29 Bidder's Address PR -1 City of Newport Beach Page 1 SPYGLASS HILL RESERVOIR MIXER (C-7428-1), bidding on March 5, 2019 10:00 AM (Pacific) Printed 03/05/2019 Bid Results Bidder Details Vendor Name Humphrey Constructors Address 21314 Hideout Dr Diamond Bar, CA 91765 United States Respondee Richard Humphrey Respondee Title President Phone 909-635-5945 Ext. Email rich@hcon.us Vendor Type DGS,CADIR License # 866155 CADIR 1000000312 Bid Detail Bid Format Electronic Submitted March 5, 2019 9:34:23 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 169132 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type humphrey bid package humphrey bid package.pdf General Attachment bid bond bid bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization LS 1 $18,400.00 $18,400.00 2 Electrical Demolition LS 1 $7,000.00 $7,000.00 3 Submersible Reservoir Mixer, Panel and Pedestal LS 1 $64,000.00 $64,000.00 4 Electrical Conduits and Wiring LS 1 $58,000.00 $58,000.00 5 Hatch Intrusion Switch LS 1 $1,000.00 $1,000.00 City of Newport Beach SPYGLASS HILL RESERVOIR MIXER (C-7428-1), bidding on March 5, 2019 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 6 Concrete Flatwork and Earthwork 7 New Conduit to Utility Tunnel 8 Provide As -Built Plans Subcontractors Name & Address Description Big Bear Electric Inc electrical 644 W Fairway Blvd, Ste #6 Big Bear City, CA 92314 United States LS 1 LS 1 LS 1 License Num 972582 $12,000.00 $3,000.00 $2,000.00 Subtotal Total CADIR 1000002330 Page 2 Printed 03/05/2019 Line Total Comment $12,000.00 $3,000.00 $2,000.00 $165,400.00 $165,400.00 Amount Type $68,725.00 DGS,DVBE,CADIR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS SPYGLASS HILL RESERVOIR MIXER CONTRACT NO. C-7428-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 6 7-2 LABOR 6 7-2.2 Prevailing Wages 6 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.2 Storage in Public Streets 7 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-10 SAFETY 8 7-10.4 Safety 8 7-10.4.1 Work Site Safety 8 7-10.5 Security and Protective Devices 8 7-10.5.3 Steel Plate Covers 8 SECTION 9 - MEASUREMENT AND PAYMENT g 9-2 LUMP SUM WORK 8 9-3 PAYMENT 8 9-3.1 General 8 9-3.2 Partial and Final Payment. 10 PART 2 - CONSTRUCTION MATERIALS 10 SECTION 200 — ROCK MATERIALS 10 200-2 UNTREATED BASE MATERIALS 10 200-2.1 General 10 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 10 201-1 PORTLAND CEMENT CONCRETE 10 201-1.1 Requirements 10 201-1.1.2 Concrete Specified by Class and Alternate Class 10 201-2 REINFORCEMENT FOR CONCRETE 10 201-2.2 Steel Reinforcement 10 201-2.2.1 Reinforcing Steel 11 PART 3 - CONSTRUCTION METHODS 11 SECTION 300 - EARTHWORK 11 300-1 CLEARING AND GRUBBING 11 300-1.3 Removal and Disposal of Materials 11 300-1.3.1 General 11 300-1.3.2 Requirements 11 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 12 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 12 303-5.1 Requirements 12 303-5.1.1 General 12 303-5.5 Finishing 12 303-5.5.2 Curb 12 PART 6 — TEMPORARY TRAFFIC CONTROL 12 SECTION 600 - ACCESS 12 600-1 GENERAL 12 600-2 VEHICULAR ACCESS 13 600-3 PEDESTRIAN ACCESS 13 SECTION 601— WORK AREA TRAFFIC CONTROL 13 601-1 GENERAL 13 601-2 TRAFFIC CONTROL PLAN (TCP) �II� 13 PART 8 —LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIAL 800-1.1 Topsoil 800-1.1.1 General SECTION 801 - INSTALLATION 801-1 General 14 14 14 14 14 14 14 CITY OF NEWPORT BEACH ��;oP o. PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS E 67287 xpP. 9/30/20 J 30/ 4",_C IVI�i SPYGLASS HILL RESERVOIR MIXER CONTRACT NO. C-7428-1 11►)11100]1114WOR All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Technical Specifications; (3) the Plans (Drawing No. W -5384-S); (4) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (5) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www. newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the prime Contractor and shall possess a Class "A" or "C-10" license. All electrical work shall be completed by the Page 1 of 15 Contractor or subcontractor who possess a Class "C-10" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of the installation of conduit, wiring and controls required for the addition of a submersible mixer to an existing reservoir and other required improvements as detailed in the Contract Documents. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be Page 2 of 15 applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the conduit/wiring with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. Page 3 of 15 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Page 4 of 15 Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1 st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. Page 5 of 15 During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK Page 6 of 15 City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. If electrical work will require power shutdown of facility for longer than 8 hours then this work will only be allowed during water low demand months of November to April. These shutdowns must be approved by and coordinated with Utility department staff. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. Page 7 of 15 h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be Page 8 of 15 included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include any traffic control necessary to comply with these specifications. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Electrical Demolition: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for demolishing existing pull boxes, cables, conductors, conduits, and intrusion switch, including surface restoration at locations of demolished pull boxes, and all other work items as required to complete the work in place. Item No. 3 Submersible Reservoir Mixer, Panel and Pedestal: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing a submersible reservoir mixer and control pedestal, and reinforced concrete pad for pedestal, including all conduits, wires, junction boxes, load center modifications, power panel, penetrations, anchors, hardware, earthwork, related appurtenances, and startup and testing as required to complete the work in place. Bid item does not include relocating the mixer while submerged to the center of the reservoir by divers this portion of work will be covered by the City. Item No. 4 Electrical Conduits and Wiring: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for pulling new wires, running new conduits to and from all new and existing pull boxes, installing new cables, conductors, conduits, and to intrusion switch, and all other work items as required to complete the work in place. Item No. 5 Hatch Intrusion Switch: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing new intrusion switch at reservoir access hatch, including coring into existing concrete, and including new wiring and conductors and all other work items as required to complete the work in place. Item No. 6 Concrete Flatwork and Earthwork: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for constructing concrete driveway, curb and gutter, and sidewalk required to restore all locations damaged by construction of new conduit runs, surface restoration (landscaping, concrete, asphalt, and other disturbed surfaces), and all other work items as required to complete the work in place. Page 9 of 15 Item No. 7 New Conduit to Utility Tunnel: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing new conduit between existing control enclosure and existing reservoir utility tunnel (stubbed into tunnel), including removing existing damaged concealed conduit, and modifying existing penetration. Bid item does not include wiring or additional conduit within the tunnel. Item No. 8 Provide As -Built Plans. Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement Page 10 of 15 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be Page 11 of 15 permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 -ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Page 12 of 15 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMBs shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. Page 13 of 15 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIAL 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION 801-1 General The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City's Urban Forester a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Page 14 of 15 Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Page 15 of 15 CITY OF NEWPORT BEACH Spyglass Hill Reservoir Water Mixer TECHNICAL SPECIFICATIONS PREPARED BY: ®SEI 605 THIRD STREET ENCINITAS CA 92024 DUDEK JOB No. 6576 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS SECTION NUMBER TITLE DIVISION 11 EQUIPMENT 11220 Submersible Reservoir Mixer DIVISION 16 ELECTRICAL 16050 Electrical General Provisions 16950 Electrical Tests City of Newport Beach Table of Contents Spyglass Hill Reservoir Water Mixer TOC - 1 SECTION 11220 SUBMERSIBLE RESERVOIR MIXER PART 1 - GENERAL 1.01 WORK OF THIS SECTION A. Submersible mixer for potable water storage reservoir. 1.02 REFERENCE AND STANDARDS A. Occupational Safety and Health Administration, OSHA B. NSF/ANSI Standard 61 C. American National Standards Institute (ANSI) D. Underwriters Laboratories Inc., UL 508 -Industrial Control Panel 1.03 SUBMITTALS A. The following shop drawings shall be submitted as follows: 1. NSF Certification: Copies of the NSF Standard 61 for Drinking Water System Components and NSF -Annex G for California Low -Lead Standards certified listing for all material being placed inside the reservoir and headspace, including the motor and power cable. 2. Design calculations based on models validated and/or calibrated with experimental data from laboratory -scale and real scale representative systems for similarly -sized reservoirs, manufacturer shall show completely mixed conditions for equipment configuration. The manufacturer shall provide documentation of the Computational Fluid Dynamics (CFD) model parameters and assumptions, tank geometry and dimensions considered, mesh information, and CPU time required. Analysis should include the following sections: a. Velocity vectors and contour plot at different cross-sections b. The average flow induced throughout C. The corresponding turnover for the tank (in hours) d. The corresponding average power consumption of the mixer e. Control center panel elevations and field termination wiring diagrams 3. Installation, Operations, and Maintenance Manuals including: a. Installation, start-up, operation, and maintenance instructions. b. Factory -recommended maintenance schedule. C, Recommended spare parts. d. Wiring diagrams. City of Newport Beach Submersible Reservoir Mixer Spyglass Hill Reservoir Water Mixer 11220-1 1.04 QUALITY ASSURANCE A. Each mixing system shall be factory tested prior to deployment according to standard engineering practices at the factory testing facilities. Certification of this completed testing shall be provided prior to shipping. B. Mixing system shall completely mix reservoir according to the following minimum performance requirements. Temperature Uniformity: For tanks up to 1,500,000 gallons in volume, temperatures shall converge to within 0.5°C within 24 hours after mixer is installed and activated. During continuous operation of mixer, all temperatures shall converge to within 0.5°C at least once every 24 hours. 2. Disinfectant Residual Uniformity: For tanks up to 1,500,000 gallons in volume, disinfectant residual within top five feet of tank and bottom five feet of tank shall converge to within 0.20 ppm within 24 hours after mixer is installed and activated. During continuous operation of the mixer, disinfectant residual shall converge to within 0.20 ppm at least once every 24 hours. 1.05 WARRANTY A. All equipment provided under this specification section shall be warranted by the manufacturer to be substantially free from defects in material and workmanship for a period of two (2) years on all supplied parts and one hundred and twenty (120) days on labor. 1.06 ACCEPTABLE MANUFACTURERS A. Mixer shall be Certisafe Tank Mixer, Model No. 3400061 by Kasco Marine, Inc., or pre - approved equal. PART 2 -PRODUCTS 2.01 GENERAL A. Mixer control and operation shall be independent of tank drain and fill cycles to ensure constant mixing. B. All components in contact with potable water shall be NSF/ANSI Standard 61 certified. C. All panels shall be constructed in conformance with UL 508 requirements. 2.02 SUBMERSIBLE MIXER A. Mixing system consists of an impeller mounted on a submersible motor and supported on a free-standing structure sitting on the tank floor. Mixer shall direct water from the bottom of the tank up toward the surface of the water. Mixers using a submersible pump or floating devices shall not be acceptable. Equipment entering the tank shall not adhere to, scratch or otherwise cause damage to internal tank coating or put undue stress on the materials of the tank construction. City of Newport Beach Submersible Reservoir Mixer Spyglass Hill Reservoir Water Mixer 11220-2 B. Mixer shall have a bale handle and chain for hoisting, installing, and/or removing the mixer from a tank roof hatch of minimum size 30 -inch x 36 -inch without the need for additional equipment or a diver. C. Mixing system active components shall be elevated at a minimum of 18 inches above tank floor to avoid disturbing accumulated tank sediment or entraining particles and causing accelerated wear of moving parts. D. The submersible mixer shall consist of the following components: 1. Mixer a. Series 300 austenitic stainless-steel body b. Two, fully unitized heavy-duty carbon ceramic mechanical seals C. Fully submersible d. Food grade mineral oil lubrication 2, Motor a, 240 V, 60 Hz, single phase, 1750 rpm. b. Two long life bearings C. Thermal overload protection d. Two, fully unitized heavy-duty carbon ceramic mechanical seals C. Series 300 austenitic stainless-steel housing with domed stainless-steel motor top 3. Mounting a. Series 300 austenitic stainless-steel material b. Attachments secure motor cable away from impeller C. Weight of wet -side unit not to exceed 100 lbs. 4. Anchoring and Retrieval System a, Contractor shall supply their own cable and pulley/shackle system. Cable and pulley/shackle system will not be supplied by the mixer manufacturer. b. System shall be 316 SST with 316 SST hardware. C. Cable shall be minimum 5/16" diameter 316 SST wire rope twisted cable. d. Pulley shall be a wheel type pulley that will work in congruence with cable, 316 SST. 5, Control Panel a. Pad lockable enclosure door. b. NEMA 4X UL type rated enclosure with integral mounting tabs. C. UL 508A Listed industrial enclosed control panel. d. Exterior mounted 22mm HOA switch. UL type 4X rated. C. External mounted 22mm "RUNNING" indicator LED pilot light. UL type 4X rated. City of Newport Beach Submersible Reservoir Mixer Spyglass Hill Reservoir Water Mixer 11220-3 f. Thermal shut-off protection integral. g. Current overload protection integral. h. SCADA monitoring and control interface: (1) Motor current: 4-20ma current transducer output to SCADA system. Transducer shall be a 24Vdc loop powered. (2) SCADA start/stop: Auto mode, relay shall provide interface to existing SCADA system for remote start/stop function. (3) Auxiliary interlock: Shall prevent running the mixer dry (out of the water). Shall be a Dry Contact closure input to control center. (4) Provide an auxiliary dry contact for remote `RUN' and `FAIL' indication of the mixer. The contacts shall be rated for 120 vac. i. Single phase, three wire, 120/240 VAC, 24 VDC power sources, and GFCI protection (sized per mixer) shall be supplied by others. j. Circuit breaker for 240VAC, single-phase, included with control center. 6. Power Cord a. #12 SJTOW or SJTOOW UL, CSA and NEC approved underwater rated cable b. 3 wire cable C. Cord length shall be sufficient for mixer to be placed in the middle of the tank PART 3 - EXECUTION 3.01 INSTALLATION A. Mixer installation and startup shall be performed in accordance with manufacturer instructions by personnel experienced in the operation of this equipment. Equipment manufacturer shall provide qualified personnel to oversee installation of the equipment. Mixer to be installed without draining the tank. B. Mixer shall be floor mounted in the middle of the tank. Installation of the submerged components will be performed by a diver to be supplied by the City. C. Penetration for mixer cable shall be at reservoir access shaft. 1. Penetration shall be sealed with elastomeric sealant on both sides of wall. 2. 316 stainless steel cable strain relief for power cable to be supplied by Contractor. City of Newport Beach Submersible Reservoir Mixer Spyglass Hill Reservoir Water Mixer 11220-4 3.02 TRAINING A. Equipment manufacturer (or their representative) shall instruct designated utility personnel in the safe and proper orientation of the mixing system. This training will reference the operations manual provided and demonstrate proper function of the equipment. END OF SECTION City of Newport Beach Spyglass Hill Reservoir Water Mixer Submersible Reservoir Mixer 11220-5 SECTION 16050 ELECTRICAL GENERAL PROVISIONS PART 1 - GENERAL 1.01 REQUIREMENTS A. Provide all tools, supplies, materials, equipment, and all labor necessary for the furnishing, construction, installation, testing, and operation of all electrical work and appurtenant work necessary to provide a complete and operable electrical system, all in accordance with the requirements of the Contract Documents. B. Make all field connections and terminations to all motors, switchgear, panels, control equipment and devices, instruments, and to all vendor -furnished packaged equipment as required by these Specifications. The provisions of this Section shall apply to all electrical items specified in the various Sections of Division 16 of these Specifications, except where otherwise specified or shown in the Contract Documents. C. Furnish and install all materials and incidentals required to complete the electrical work as specified herein. Typical materials which may be incidentals shall not be limited to terminal lugs not furnished with vendor -supplied equipment, compression connectors for cables, splices, junction and terminal boxes, and all control wires required by vendor -furnished equipment to interconnect with other equipment all specifically shown on the Contract Documents. 1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. All work specified herein shall conform to or exceed the applicable requirements of the referenced portions of the following publications to the extent that the provisions thereof are not in conflict with other provisions of these specifications. NEC National Electrical Code, latest edition ANSI C80.1 Zinc Coated, Rigid Steel Conduit, Specification for ANSI C80.4 Fittings for Rigid Metal Conduit and Electrical Metallic Tubing, Specifications for ANSI/UL 467 Grounding and Bonding Equipment, Safety Standard for ASTM B3 Soft or Annealed Copper Wire ICEA S-61-402 Thermoplastic - Insulated Wire and Cable NEMA 250 Enclosures for Electrical Equipment (1,000 volts maximum) NEMA PB -1 Panelboards UL 6 Rigid Metal Electrical Conduit UL 44 Rubber - Insulated Wire and Cable. UL 514 Electrical Outlet Boxes and Fittings City of Newport Beach Electrical General Provisions Spyglass Hill Reservoir Water Mixer 16050- 1 B. All equipment furnished by the CONTRACTOR shall be listed by and shall bear the label of Underwriters' Laboratories, Incorporated, (UL) or of an independent testing laboratory acceptable to the local Code -enforcement agency having jurisdiction. C. The construction and installation of all electrical equipment and materials shall comply with all applicable provisions of the OSHA Safety and Health Standards (29CFR1910 and 29CFR1926, as applicable), State Building Standards, and applicable local codes and regulations. 1.03 PERMITS AND INSPECTION A. Permits shall be obtained and inspection fees shall be paid for as specified the General Conditions. 1.04 CONTRACTOR SUBMITTALS A. Shop drawings and catalog data submittals shall be in accordance with Section 01300 - Contractor Submittals. B. Submit complete material lists for the work of this Section. Such lists shall state manufacturer and brand name of each item or class of material. Also submit shop drawings for all grounding work not specifically shown. C. Shop drawings are required for materials and equipment listed in other sections. Shop drawings shall provide sufficient information to evaluate the suitability of the proposed material or equipment for the intended use, and for compliance with these Specifications. The following shall be included: 1. Front, side, rear elevations and top views with dimensional data. 2. Location of conduit entrances and access plates. 3. Component data. 4. Connection diagrams, terminal numbers, internal wiring diagrams, conductor size, and cable numbers. 5. Method of anchoring, seismic requirement; weight. 6. Types of materials and finish. 7. Nameplates. 8. Temperature limitations, as applicable. 9. Voltage requirement, as applicable. 10. Front and rear access requirements. D. Catalog data shall be submitted to supplement all shop drawings. Catalog cuts, bulletins, brochures, or the like or photocopies of applicable pages thereof shall be submitted for mass produced, non - custom manufactured material. These catalog data sheets shall be stamped to indicate the project name, applicable Specification section and paragraph, model number, and options. This information shall be marked in spaces designated for such data in the stamp. 1.05 QUALITY ASSURANCE A. The Drawings diagrammatically indicate the desired location and arrangement of outlets, conduit runs, equipment, and other items. Exact locations shall be proposed by the Contractor and approved by the Owner in the field based on the physical size and arrangement of equipment, finished elevations, and other obstructions. Locations shown on the Drawings, however, shall be adhered to as closely as possible. B. Conduit and equipment shall be installed in such a manner as to avoid all obstructions and to preserve head room and keep openings and passageways clear. Lighting fixtures, switches, City of Newport Beach Electrical General Provisions Spyglass Hill Reservoir Water Mixer 16050-2 convenience outlets, and similar items shall be located within finished rooms, as shown. Where the Drawings do not indicate exact locations, such locations shall be obtained from the Engineer. Where equipment is installed without instruction and must be moved, it shall be moved without additional cost to the Owner. C. Install all materials and equipment in accordance with printed recommendations of the manufacturer which have been reviewed by the Engineer. Use workmen skilled in this type of work and coordinate installation in the field with other trades so that interference's are avoided. D. Do all work, including installation, connection, calibration, testing, adjustment, and paint touch-up, using qualified, experienced personnel working under continuous, competent supervision. The completed installation shall display competent work, reflecting adherence to prevailing industrial standards and methods. E. Provide adequate means for and shall fully protect all finished parts of the materials and equipment against damage from any cause during the progress of the work and until acceptable by the Engineer. F. Cover all materials and equipment, both in storage and during construction, in such a manner that no finished surfaces will be damaged, marred, or splattered with water, foam, plaster, or paint. Keep all moving parts clean and dry. G. Replace or have refinished by the manufacturer all damaged materials or equipment, including faceplates of panels and switchboard sections, at no expense to the Owner. H. Make all tests required by the Engineer or other authorities having jurisdictions. All such tests shall be witnessed by OWNER and be performed in the presence of the Engineer. Furnish all necessary testing equipment and pay all costs of tests, including all replacement parts and labor necessary due to damage resulting from damaged equipment or from test and correction of faulty installation. Do the following testing: 1. Testing for the ground resistance value specified under "Grounding," herein. 2. Insulation resistance tests as specified under "Wire and Cable," herein. 3. Operational testing of all equipment furnished and/or connected in other Sections of Division 16, Electrical, including furnishing of support labor for testing. I. Submit standard test reports for mass-produced equipment along with the shop drawing for such equipment. Submit test reports on testing specifically required for individual pieces of equipment to the Engineer for review prior to final acceptance of the project. Correct any test failure in accordance with the industry practices and in a manner satisfactory to the Engineer. 1.06 AREA DESIGNATIONS A. For purposes of delineating electrical enclosure and electrical installation requirements of this project, certain areas have been classified in the Contract Documents as defined below. Electrical installations within these areas shall conform to the referenced code requirements for the area involved. B. General Purpose Indoor Locations: Electrical work installed in areas which are not otherwise specifically classified shall be "General Purpose." Workmanship and enclosures shall comply with the general requirements of these Specifications. Electrical enclosures shall be NEMA Type 1. City of Newport Beach Electrical General Provisions Spyglass Hill Reservoir Water Mixer 16050-3 C. Outdoor and Damp Locations: In outdoor locations, raceway shall be PVC coated rigid galvanized steel conduit; entrances shall be threaded; and fittings shall have gasketed covers. Provisions shall be made to drain the fitting or conduit system. Threaded fastening hardware and unistrut shall be 316 stainless steel or PVC -coated steel. Raceway supports such as hanger rods, clamps, and brackets shall be 316 stainless steel. Attachments or welded assemblies shall be galvanized after fabrication. Locations which are indoors and 2 feet below grade elevation or which are classified as damp locations on the Drawings shall have electrical installations which conform to the requirements for outdoor locations. "Damp locations" shall include drywells. 1.07 CLEANUP A. Thoroughly clean all parts of the materials and equipment. Thoroughly clean exposed parts of cement, plaster, and other materials. Remove all oil and grease spots with a non-flammable cleaning solvent. Carefully wipe such surfaces and scrape out all cracks and corners. Paint touch-up shall be applied to all scratches on panels and cabinets. Electrical cabinets or enclosures shall be vacuum - cleaned before final acceptance. B. During the progress of the work, clean the premises including metal filings and leave the premises and all portions of the site free of debris. 1.08 DEMOLITION AND RELATED WORK A. Perform all electrical demolition work as shown or specified. B. Do not reuse wire, conduit, junction boxes, fittings, supports and miscellaneous hardware removed as part of the demolition work. C. Wires and/or conduits which need to be extended shall be terminated in a new terminal box with terminal strips or splices. Identify wires and before disconnection and after reconnection. D. Electrical demolition work shall be as shown on the Drawings or as required by the Specifications. 1.09 INSTALLATION OF NEW EQUIPMENT IN EXISTING STRUCTURES A. Installation for certain new equipment and devices' installation are required in existing structures. Under this phase of the work, to remove existing equipment or devices, install new equipment as required by these Specifications or by the Drawings, remove existing conductors from existing raceway, and pull new conductors in existing raceway, reconnect existing conductors or furnish and install new conduit and wires as required by the Drawings. B. Visit the site before bidding and carefully examine existing installation so that the bid will reflect all the work necessary to provide a complete installation so that the resulting installation will function as required by the Drawings and Specifications. Include in its bid price all costs of labor and materials necessary to complete installations. 1.10 INSTALLATION OF TEMPORARY EQUIPMENT A. To facilitate continuous operation of existing equipment, furnish and install temporary equipment. Submit to the Engineer installation and connection details for review and acceptance by the Engineer. All costs associated with these temporary installations shall be part of the bid price, and without additional cost to the Owner. B. Cables, conduits, and fittings used in temporary connections shall not be reused to install permanent connections. City of Newport Beach Electrical General Provisions Spyglass Hill Reservoir Water Mixer 16050-4 1.11 PLANNED PUMP STATION SHUTDOWNS A. Continuance of station operation during this upgrade process is important. Examine all work to be done in, on, or adjacent to existing equipment. Schedule work, subject to Owner's approval, to minimize required station shutdown time. Submit a written request, including sequence and duration of activities to be performed during station shutdown. B. Perform all switching, safety tagging, etc., required for station shutdown or to isolate existing equipment. In no case shall the Contractor begin any work in, on, or adjacent to existing equipment without written authorization by the Owner or the Engineer. 1.12. MODIFICATIONS TO EXISTING ELECTRICAL FACILITIES Make all modifications or alterations to existing electrical facilities required to successfully install and integrate the new electrical equipment as shown. Make all modifications to existing equipment, panels, or cabinets shall be made in a professional manner with all coatings repaired to match existing. Include the total costs for all modifications to existing electrical facilities required for a complete and operating system shall be included in the bid price and no additional payment for the work will be paid. Exercise extreme caution in digging trenches in order not to damage existing underground utilities. Pay cost of repairs of damages caused during construction. PART 2 -PRODUCTS 2.01 GENERAL All equipment and materials shall be new, shall be listed by UL, and shall bear the UL label, where UL requirements apply. All equipment and materials shall be the products of experienced and reputable manufacturers in the industry. Similar items in the project shall be products of the same manufacturer. All equipment and materials shall be of industrial grade and standard of construction; shall be of sturdy design and manufacture; and shall be capable of reliable, trouble-free service. 2.02 GROUNDING A. All power and control conduits shall have ground conductors 2.03 RACEWAYS A. Raceway shall be manufactured in accordance with UL and ANSI standards and shall bear UL label as applicable. B. Galvanized Rigid Steel (GRS) Conduit Rigid steel conduits and fittings shall be full weight, mild steel, hot -dip galvanized and zinc bichromate coated inside and outside after galvanizing. Rigid steel conduit shall be manufactured in accordance with UL Standard No. 6 and ANSI 80-1. Rigid steel conduit shall be manufactured by Triangle PWC, Republic Steel, or approved equal. C. Flexible metallic conduit shall be fabricated from galvanized inter -locked steel strip. Liquid -tight flexible metallic conduit shall have an extruded PVC covering over the flexible steel conduit. For conduit sizes 3/4 -inch through 1-1/4 inch, flexible conduits shall have continuous built-in copper City of Newport Beach Electrical General Provisions Spyglass Hill Reservoir Water Mixer 16050-5 ground conductor. Flexible conduit shall be American Brass, Anaconda, Electroflex, or approved equal. D. PVC -coated raceway system shall conform to ANSI C80.1, and to Underwriter's Laboratories specifications. 1. The zinc surfaces of the conduits and fittings shall remain intact and undisturbed on both the inside and the outside of the conduit through the preparation and application processing. 2. A PVC coating shall be bonded to the galvanized outer surface of the conduit. The bond between the PVC coating and the conduit surface shall be greater than the tensile strength of the plastic. 3. The thickness of the PVC coating shall be a minimum of 40 mils. 4. A PVC jacketed coupling shall be furnished with each length of conduit. A PVC sleeve equal to the OD of the conduit shall extend 1-1/2 inches from each end of coupling. 5. PVC -coated conduits shall be as manufactured by Robroy, Occidental (OCCAL), or approved equal. 2.04 WARE AND CABLE A. All conductors, including ground conductors, shall be copper. Insulation shall bear UL label and the manufacturer's trademark, type, voltage and temperature rating, and conductor size. Wire and cable shall be products of Belden, American, Rome Cable, Okonite, Houston, Southwire, Manhattan, or approved equal. B. All control cables shall be rated for 600 volts and shall meet the following requirements: 1. Control wires shall consist of No. 14 gage stranded copper conductors and shall be XHHW rated for 90 degrees C at dry locations and 75 degrees C at wet locations. 2. Control wires at panels and cabinets shall be Type THWN/THHN, UL approved, rated for 90 degrees C at dry locations. 3. Multi -conductor control cable shall be rated at 600 volts and shall consist of No. 14 gage stranded copper conductors, individually insulated with a minimum of 20 mils of polyethylene, 10 mils full color coded PVC jacket over each insulated conductor, a polyester tape over assembly, and an overall PVC jacket. Multi -conductor cable shall be identified by either ICER color coding or ink imprinting. Multi -conductor cables may be used in conduits or cable trays as required by the Drawings. Multi -pull taped control conductor assemblies may be used in conduits as approved by the Engineer. C. Shielded instrumentation cables shall be rated at 600 volts and shall comply with the following requirements: 1. Individual shielded cable shall consist of twisted 2 or 3 No. 18 gage, stranded, color coded, tinned -coated copper in accordance with ASTM B-33 and B-8. Color coding shall be black - clear, or black -red -clear. 2. Insulation thickness shall be 32 mils of polyethylene, insulated with 2.3 mils 100 percent aluminum foil/polyester shield and No. 18 stranded tinned copper drain wire, all under a 32 mil PVC jacket. The shield shall be continuous and shall be grounded only at the receiving end, or as shown. 3. Multi -individual shielded pair or triad instrumentation cable shall consist of individual shielded and twisted pair copper conductors with an ethylene -propylene insulation, and No. 18 AWG tinned stranded copper drain wire, an overall aluminum mylar shield and an overall chloro-sulfonated polyethylene compound jacket. The cables shall be suitable for cable tray installation and shall be flame retardant. City of Newport Beach Electrical General Provisions Spyglass )-Till Reservoir Water Mixer 16050-6 D. Building wires and cables shall be rated at 600 volts and shall meet the following requirements: 1. Building wire shall be single conductor copper cable listed by UL as Type XHHW rated 75 degrees C in wet locations and 90 degrees C in dry locations. 2. Building wire shall be stranded. 3. No wire smaller than No. 12 AWG shall be used unless specifically indicated. E. VFD cables shall be 100% ground symmetrical design, foil/braid extra flexible VFD cable. XHHW- 2, 1000V, 90 degree C, copper conductors with overall TPE jacket. Provide Belden or approved equal. F. Cable terminations shall be in accordance with the following: 1. Compression connectors shall be Burndy "Hi Lug", Thomas & Betts "Shure Stake", or approved equal. Threaded connectors shall be split bolt type of high strength copper alloy. 2. Spring connectors (wire nuts) shall be "Ideal Wing Nuts", or approved equal. 3M scotchlocks are not allowed. 3. Pre -insulated fork tongue lugs shall be "Thomas & Betts" RC Series, Burndy, or approved equal. 4. General purpose insulating tape shall be Scotch No. 33, Plymouth "Slip -knot", or approved equal. High temperature tape shall be polyvinyl by Plymouth, 3M, or approved equal. 5. Resin splicing kits shall be Plymouth Plyflex, or approved equal. 6. Stress cone material for make-up of medium voltage shielded cable shall be by G & W, 3M, duPont, or approved equal. 2.05 PULL AND JUNCTION BOXES A. Outlet, switch, pull and junction boxes where surface mounted in exposed locations shall be cast ferrous boxes with mounting lugs, zinc or cadmium plating, and enamel finish. Surface mounted boxes in concealed locations may be pressed steel. B. Control station, pull and junction boxes, including covers, for installation in corrosive locations shall meet the NEMA 4X requirements and shall be 316 stainless steel or fiber glass -reinforced polyester and shall be famished with mounting lugs. C. All cast boxes shall be fitted with cast, malleable box covers and gaskets. Cast boxes shall be as manufactured by Crouse -Hinds, Appleton, or approved equal. 2.06 CONDUIT FITTINGS A. Fittings shall comply with the same requirements as the raceway with which they will be used. Fittings having a volume less than 100 cubic inches for use with rigid steel conduit, shall be cast or malleable non-ferrous metal. Such fittings larger than one inch shall be "mogul size." Fittings shall be of the gland ring compression type. Covers of fittings, unless in "dry" locations, shall be closed with gaskets. Surface -mounted cast fittings, housing wiring devices in outdoor and damp locations, shall have mounting lugs. B. Insulated bushings shall be molded plastic or malleable iron with insulating ring, similar to O -Z Type A and B, equivalent types by Thomas & Betts, Steel City, Appleton, O-Z/Gedney, or approved equal. C. Insulated grounding bushings shall be malleable iron with insulating ring and with ground lug, such as O -Z Type BL, equivalent types by T & B, Steel City, O-Z/Gedney, or approved equal. City of Newport Beach Electrical General Provisions Spyglass Hill Reservoir Water Mixer 16050-7 D. Erickson couplings shall be used at all points of union between ends of rigid steel conduits which cannot be coupled. Running threads and threadless couplings shall not be used. Couplings shall be 3 -piece type such as Appleton Type EC, equivalent types such as manufactured by T & B, Steel City, O-Z/Gedney, or approved equal. E. Liquid -tight fittings shall be similar to Appleton Type ST malleable iron, equivalent types such as manufactured by Crouse -Hinds, T & B, O-Z/Gedney, or approved equal. F. Hubs for threaded attachment of steel conduit to sheet metal enclosures, where required, shall be similar to Appleton Type HUB, equivalent types such as manufactured by T & B, Myers Scrutite, or approved equal. G. Transition fittings to mate steel to PVC conduit, and PVC access fitting, shall be as furnished or recommended by the manufacturer of the PVC conduit. H. Use sealing fittings in conduit runs entering corrosive areas and elsewhere as shown. Sealing fittings shall be Appleton Type EYS, O -Z Type FSK, or approved equal. Do not pour sealing compound in place until electrical installation has been otherwise accepted. I. Install expansion fittings wherever a raceway crosses a structural expansion joint. Such fittings shall be expansion and deflection type and shall accommodate lateral and transverse movement. Fittings shall be O-Z/Gedney Type "DX," Crouse Hinds "XD," or approved equal. These fittings are required in metallic and non-metallic raceway installations. When the installation is in a non- metallic run, a 3 -ft length of rigid conduit shall be used to connect the non-metallic conduit to the fitting. 2.07 WIRING DEVICES A. Receptacles: 1. General purpose duplex receptacles shall be grounding type, 125 -volt, ac, 20 amperes, NEMA Configuration 5-20R, such as G.E. 4107-1 brown, Hubbell 5252, or approved equal. 2. Convenience receptacles for installation in outdoor and corrosive areas shall be NEMA 5-20R configured and shall have 316 stainless steel or nickel plated parts and plastic parts of Melanine. Hubbell 53CM62 20 ampere, or approved equal. 3. Ground fault interrupter (GFI) receptacles shall be NEMA 5-20R configured and shall mount in a standard outlet box. Units shall trip at 5 milliamperes of ground current and shall comply with NEMA WD -1-1.10 and UL 943. GFI receptacles shall be capable of individual as well as "downstream" operation. GFI receptacles shall be Hubbell GF 5252, General Electric, or approved equal. B. Switches: Switch shall have side wiring capability for stranded wire. Toggle switches shall be Hubbell No. 1221 brown, Bryant No. 4901 brown, or approved equal 2.08 DISCONNECT SWITCHES A. The disconnect switches shall be externally operated with quick-make/quick-break mechanisms. The handle shall be interlocked with the switch cover by means of a defeatable interlock device. The switch shall be padlockable in the "off' position. Switches shall have nameplates stating manufacturer, rating, and catalog number. Heavy-duty switches shall have arc suppressors, pin hinges, and shall be horsepower rated at 600 -volts. All switches rated at 100 amperes or larger shall have auxiliary contact for remote status indication. Provide Heavy-duty switches for all motor City of Newport Beach Electrical General Provisions Spyglass Hill Reservoir Water Mixer 16050-8 circuits. B. Switch rating shall match the horsepower requirements of the load at the particular voltage if not otherwise shown. C. Switch enclosure shall meet the area classification requirements. D. Switch shall be Square D, or approved equal. 2.09 ELECTRICAL IDENTIFICATION A. Fabricate nameplates from white -face, black -letter laminated plastic engraving stock, Formica type ES -1, or approved equal. Each shall be fastened securely, using fasteners of brass, cadmium plated steel, or 316 stainless steel, screwed into inserts or tapped holes, as required. Engraved characters shall be block style of adequate size to be read easily at a distance of 6 feet with no characters smaller than 1/8 -inch high. The nameplate information shall include equipment or feeder identification system voltage, current rating, and feeder source. B. Conductor and equipment identification devices shall be either imprinted plastic -coated cloth marking devices such as manufactured by Brady, Thomas & Betts, or approved equal, or shall be heat -shrink plastic tubing, imprinted split -sleeve markers cemented in place, or approved equal. Equipment nameplate shall be engraved plastic plates. PART 3 -EXECUTION 3.01 GROUNDING A. Size grounding cable in accordance with code requirements when sizes are not specifically called for on the Drawings. The location of ground rods shall be as shown. The length of rods forming an individual ground array shall be equal in length and shall be of the quantity required to obtain a ground resistance of no more than 5 ohms. B. Maintain ground continuity throughout the facility by installing an electrically -continuous metallic raceway system. Install metallic raceway with double lock nuts or hubs at enclosures. Non-metallic raceway containing do conductors operating at more than 50 volts to ground, or any ac conductors, shall contain a copper grounding conductor either bare, or green if insulated. Bond such conductor to terminal and intermediate metallic enclosures. 3.02 RACEWAYS A. Install raceways as shown, however, conduit routings shown are diagrammatic. Raceway systems shall be electrically and mechanically complete before conductors are installed. Bends and offsets shall be smooth and symmetrical, and shall be made with tools designed for the purpose intended. Use factory elbows for all 3/4 -inch conduit. Make bends in larger sizes of metallic conduit accomplished by field bending or by the use of factory elbows. All installations shall be in accordance with the latest edition of the National Electrical Code. B. Install raceways in accordance with the following schedule: Low Voltage Raceway (control, power, and communications): a. Use PVC -coated galvanized rigid steel raceways below grade, in the drywell, in concrete slabs, and all exposed outdoor locations. City of Newport Beach Electrical General Provisions Spyglass Hill Reservoir Water Mixer 16050-9 b. Use galvanized rigid steel (GRS) in the pump station above grade. Exposed Raceways: a. Rigidly support conduits with clamps, hangers, and Unistrut channels. b. Intervals between supports shall be in accordance with the National Electric Code. C. Plug empty conduit terminations not in manholes or pull boxes. Install exposed raceway perpendicular or parallel to buildings. Terminate conduit with flush couplings at exposed concrete surfaces. Place conduit stubbed up for floor -standing equipment in accordance with approved shop drawings. Make metallic raceways installed below -grade or in outdoor locations and in concrete with a conductive waterproof compound applied to threaded joints. Compound shall be Zinc Clads Primer Coatings No. B69A45, HTL-4 by Crouse -Hinds, Kopr Shield by Thomas & Betts, or approved equal. D. Conduit may be cast integral with horizontal and vertical concrete slabs, providing two-inch clearance is maintained between conduit surface and concrete surface. If said clearance cannot be maintained, install the conduit exposed below elevated slabs; provided, that in the case of slabs on grade, install conduit below the slab and encase it with a minimum cover of 3 inches of concrete. Maximum size of conduit that can be cast in slab shall be 1-1/2 inches. E. Use flexible conduit at dry locations for the connection of equipment such as motors, transformers, instruments, valves, or pressure switches subject to vibration or movement during normal operation or servicing. Flexible conduit may be used in lengths required for the connection of recessed lighting fixtures; otherwise the maximum length of flexible conduit shall be 18 inches. F. In other than dry locations, make connections using flexible liquid -tight conduit. Equipment subject to vibration or movement which is normally provided with wiring leads, such as solenoid valves, with a cast junction box for the make-up of connections. Flexible conduits shall be as manufactured by American Brass, Cablec, Electroflex, or approved equal. G. Perform conduit penetrations on walls and concrete structures in accordance with the following: 1. Seal all raceways entering structures at the first box or outlet with oakum or suitable plastic expandable compound to prevent the entrance into the structure of gases, liquids, or rodents. 2. Dry pack with nonshrink grout around raceways that penetrate concrete walls, floors, or ceilings aboveground, or use one of the methods specified for underground penetrations. 3. Where an underground conduit enters a structure through a concrete roof or a membrane waterproofed wall or floor, provide an acceptable, malleable iron, watertight, entrance sealing device. When there is no raceway concrete encasement specified or indicated, provide such device having a gland type sealing assembly at each end with pressure bushings which may be tightened at any time. When there is raceway concrete encasement specified or indicated, provide such a device with a gland type sealing assembly on the accessible side. Securely anchor all such devices into the masonry construction with one or more integral flanges. Secure membrane waterproofing to such devices in a permanently watertight manner. 4. Unless otherwise shown or specified. All conduits shall be surface mounted. 5. Where an underground raceway without concrete encasement enters a structure through a nonwaterproofed wall or floor, install a sleeve made of rigid steel PVC -coated conduit. Fill the space between the conduit and sleeve with a suitable plastic expandable compound, or an oakum, on each side of the wall or floor in such a manner as to prevent entrance of moisture. A watertight entrance sealing device as specified may be used in lieu of the sleeve. 3.03 WIRES AND CABLES A. Hand pull conductors of No.1 AWG size and smaller shall be hand pulled. Larger conductors may City of Newport Beach Electrical General Provisions Spyglass Hill Reservoir Water Mixer 16050- 10 be installed using power winches. Pulling tensions on the cables shall be within the limits recommended by the cable manufacturer. Wire pulling lubricant, where needed, shall be UL approved. B. Neatly group wire in panels, cabinets, and gutters using nylon tie straps, and shall be fanned out to terminals. C. Solid conductors shall be terminated at equipment terminal screws with ratchet type -crimping tool and does not protrude beyond screw head. Stranded conductors shall terminate directly on equipment box lugs making sure that all conductor strands are confined within lug. Use forked - tongue lugs where equipment box lugs have not been provided. D. Splices to motor leads in motor terminal boxes and any split bolt or 2 bolt compression splices shall utilize Plymouth/Bishop Plyflex, or approved equal. E. Control devices, such as solenoid operated valves, that are normally supplied with conductor pigtails, shall terminate as described for control conductors. F. Do not use pigtails at receptacles and switches. G. Test all control and instrumentation cables for continuity, polarity, undesirable ground, and origination. Perform such tests prior to placing all cables in service. 3.04 PULL AND JUNCTION BOXES A. Size pull and junction boxes in accordance with the requirements of the National Electrical Code. B. Use outlet boxes as junction boxes wherever possible. Where separate pull boxes are required, they shall have screw covers. Do not use outlet as pull boxes. C. Install pull boxes when conduit run contains more than (3) 90 -degree bends and runs exceed 100 feet. 3.05 CUTTING AND PATCHING A. Where it becomes necessary to cut into existing work for the purpose of making electrical installations, use core drills for making circular holes. Other demolition methods for other cutting or removing shall be approved by the Owner prior to starting the work. B. Repair all damage caused to other facilities. 3.06 EQUIPMENT ANCHORING A. Anchor freestanding or wall -hung equipment in place by methods that will meet seismic requirement in the area where project is located. B. Anchoring methods shall be either drop-in type or 1/4 inch wedge type and leveling criteria specified in the printed recommendations of the equipment manufacturers are a part of the work. 3.08 CABLE AND EQUIPMENT IDENTIFICATION A. Provide the completed electrical installation with adequate identification to facilitate proper control of circuits and equipment and to reduce maintenance effort. City of Newport Beach Electrical General Provisions Spyglass Hill Reservoir Water Mixer 16050 - 11 B. Assign to each control and instrumentation wire and cable a unique identification number. Said numbers shall be assigned to all conductors having common terminals and shall be shown on all shop drawings. Identification numbers shall appear within 3 inches of conductor terminals. "Control" shall be defined as any conductor used for alarm, PLC, or signal purposes. C. All control wiring shall be color -coded and color continuity maintained throughout the system D. Mark all conductors at both ends with shrink fit markers which clearly display a computer generated circuit number at each end of the conductor. 1. All spare cables shall be terminated on terminal screws and shall be identified with a unique number as well as with destination. 2. Identify terminal strips by imprinted, plastic, marker strips attached under the terminal strip. E. Equipment and devices as follows: Provide nameplates for all switchboard breakers, VFD's, panels, starters, switches, and pushbutton stations. In addition to the name plates, equip control devices with standard collar - type legend plates. Tag empty conduits at both ends to indicate the destination at the far end. Where it is not possible to tag the conduit, identify destination by marking an adjacent surface. Install '/4 -inch polypropylene pull cords in all empty conduits. 3.09 SPLICES IN WIREWAYS A. Splices are permitted in MCC wireways for MCC replacement projects. Splices shall be in-line compression type with shrink fit insulation. Spliced conductors shall be the same size and color as the original conductor. END OF SECTION City of Newport Beach Electrical General Provisions Spyglass Hill Reservoir Water Mixer 16050- 12 SECTION 16950 ELECTRICAL TESTS PART 1 - GENERAL 1.01 THE REQUIREMENT This Section specifies the work necessary to test, commission and demonstrate that the electrical work satisfies the criteria of these Specifications and functions as required by the Contract Documents. 1.02 GENERAL The work of this Section includes furnishing the labor, equipment and power required supporting the testing specified in other Divisions of these Specifications. This scope may require the Contractor to activate circuits, shutdown circuits, and run equipment, make electrical measurements, replace blown fuses, install temporary jumpers, etc. 1.03 TESTING A. The following test requirements are intended to supplement test and acceptance criteria that may be stated elsewhere. B. Demonstrate mechanical and/or electrical interlocking by attempting to subvert the intended sequence. C. Cable Testing: 480 -volt circuits shall be tested for insulation resistance with a 1000 -volt megohm meter D. Do a functional test and check of all electrical components prior to performing subsystem testing and commissioning. Clean compartments and equipment as required by other provisions of these Specifications before commencement of functional testing. Functional testing shall comprise: Visual and physical check of cables, busswork, circuit breakers, filters, and connections associated with all new and modified equipment. E. Do subsystem testing after the proper operation of alarm and status contacts has been demonstrated or otherwise accepted by the Owner. After initial settings have been completed, operate each subsystem in the manual mode and demonstrate that operation is in compliance with the Contract Documents. Once the manual mode of operation has been proven, demonstrate automatic operation to verify such items as proper start and stop sequence of pumps, proper operation of valves, proper speed control, etc. G. Subsystems, in the context discussed here, shall mean individual and groups of pumps. H. Carry out tests specified herein for individual items of materials and equipment specified in other Sections. END OF SECTION City of Newport Beach Electrical Tests Spyglass Hill Reservoir Water Mixer 16950- 1