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HomeMy WebLinkAboutC-7776-1 - Central Library Chiller Maintenance and Condenser Relocation ContractOctober 27, 2021 Mesa Energy Systems, Inc. Attn: Ali Badiee 2 Cromwell Irvine, CA 92618 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039Fnz newportbeachca.9ov Subject: Central Library Chiller Maintenance and Condenser Relocation — C-7776-1 Dear Ali Badiee: On October 27, 2020, 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 October 29, 2020 Reference No. 2020000614467, The Surety for the contract is Travelers Casualty and Surety Company and the bond number is 107215182 & K40441268. Enclosed is the Faithful Performance Bond. Sincerely, Lei lani I. Brown, MMC City Clerk Enclosure EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 107215182 & K40441268 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,362.00 , being at the rate of $ 4.50 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Mesa Energy Systems, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of replacing chiller unit condenser coil fins, repiping throughout the chiller yard, replacing the chiller pumps, constructing a concrete pad for a new condensing unit, furnishing, delivering, and installing new condensing unit, and various piping and electrical modifications at the City of Newport Beach Central Library. Contractor will also be responsible for providing plans for the acquisition of a no -cost City building permit 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 Travelers Casualty and Surety Company of America & Federal 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 Three Hundred Two Thousand Six Hundred Nine Dollars ($302,609.00) 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 Mesa Energy Systems, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. 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 13th day of February 12020 Mesa Energy Systems, Inc. 2 Cromwell, Irvine CA 92618 Name of Contractor (Principal) Travelers Casualty and Surety Company of America & Federal Insurance Company Name of Surety One Tower Square, Hartford, CT 06183 (TR) 202B Halls Mill Road, Whitehouse Station NJ 08889 (FE) Address of Surety 732-321-5600 (TR), 908-860-4781 (FE) _ Telephone APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date:__4— 9- l3Y.t.&4nvP Viiu Pt>%iw69T Authorized Signaturerritle Authorized Agent Signature Camille Maitland, Attorney -in -Fact _ Print Name and Title By: k Aaron C. Harp }" Foy City Attorney o�N NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Mesa Energy Systems, Inc. Page B-2 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 00 q l Q )ss. On 20 before me,-,(AUL�Qnj Vy 6110 off__, Notary Public, personally appeared QQ H 1 C k4u who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LAUREN A WAGGONER Notary Pu611c-California j Orange County Commission A 2258054 /: /-- ---- My Comm. Expires Sep 14, 2022 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State o0awfffodk( County of Nassau ) ss. On February 13 2020 before me, DonnaMarie A. Kissane Notary Public, personally appeared Camille Maitland proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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. New York I certify under PENALTY OF PERJURY under the laws of the State of KItfi1 MUthat the foregoing paragraph is true and correct. WITNESS my hand and official seal. DONNAMARIE A. KISSANE � �Notary Public -State of New York U,./ l� i,:,/1/(1<I/L� ( i I, . (. '-- No. 01 K18297783 Signature Qualified In Nassau County (seal) Commission Expires March 3, 2022 ) Mesa Energy Systems, Inc Page f3-3 Travelers Casualty and Surety Company of America TRAVELERS Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies', and that the Companies do hereby make, constitute and appoint Camille Maitland of Uniondale,New York, their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. eqmjj�.M State of Connecticut City of Hartford ss. By: Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surely Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. 1. 0My Commission expires the 30th day of June. 2021 � 1% A. C yMRgAL7..v f i1 • Marine C. Tetreaull, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surely Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now In full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Ahomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fad and Agents pursuant to the pourer prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it Is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Altomeys-in-Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shalt he valid and binding on the Company in the future with respect to any bond or understanding to which It is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surely Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 13th day of February , 2020 r'yo. Z.,,. .,, 3 auarona g" p5 saws S Kevin E. Hughes, Ass; last Secretary To verify the authenticity of this Power ofAtiorney, please carr us at 1-800-421-3880L Please refer to the above-named Attorney-tn-Fact and the details of the bond to which the power Is attached. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2018 CAPITAL STOCK $ 6,480,000 INVESTED CASH $ 36,728,696 UNEARNED PREMIUMS $ 979,007,378 3,507,432,239 LOSSES 750,995,604 TOTALASSETS �7,i6€;33T,7'JS' 294,199,586 LOSS ADJUSTMENT EXPENSES 168,673,871 4T INCOME DUE AND ACCRUED 38,281,129 COMMISSIONS 45,868,584 ESTED ASSETS 3,507,839 TAXES, LICENSES AND FEES 14,584,663 IALANCES 250,478,792 OTHER EXPENSES 43,858,534 'REDTAXASSET 48,781,239 CURRENT FEDERAL AND FOREIGN INCOME TAXES 10,143,037 4CE RECOVERABLE 29,278,755 REMITTANCES AND ITEMS NOT ALLOCATED 21,277,153 3 LENDING REINVESTED COLLATERAL ASSETS 14,277,262 AMOUNTS WITHHELD/ RETAINED BY COMPANY FOR OTHERS 30,289,553 ES FROM PARENT, SUBSIDIARIES AND AFFILIATES 27,813,288 RETROACTIVE REINSURANCE RESERVE ASSUMED 810,360 2EINSURANCE RECEIVABLE AND PAYABLE 626,488 POLICYHOLDER DIVIDENDS 1D,410,755 LETS 4,936,229 PROVISION FOR REINSURANCE 7,641,356 ADVANCE PREMIUM 1,608,777 REINSURANCE PAYABLE ON PAID LOSSES & LOSS ADJ. EXPENSES 688,002 PAYABLE FOR SECURITIES LENDING 14,277,262 CEDED REINSURANCE NET PREMIUMS PAYABLE 46,469,976 OTHER ACCRUED EXPENSES AND LIABILITIES 335,489 TOTAL LIABILITIES STATE OF CONNECTICUT COUNTY OF HARTFORD )SS. CITY OF HARTFORD MICHAEL J. DOODY. BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31ST DAY OF DECEMBER, 2018. SUBSCRIBED AND SWORN TO BEFORE ME THIS pagARPRO® �<-7----- 28TH DAV OF MARCH, 2019 --- SUSAN M. WEISSUDLIR Nolmy Public My Commission Expires November 30, 1072 CAPITAL STOCK $ 6,480,000 PAID IN SURPLUS 433,803,780 OTHERUS 1670943418 TOTAL TAL SURPLUS TO POLICYHOLDERS - TOTALASSETS �7,i6€;33T,7'JS' TOTAL LIABILITIES& SURPLUS STATE OF CONNECTICUT COUNTY OF HARTFORD )SS. CITY OF HARTFORD MICHAEL J. DOODY. BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31ST DAY OF DECEMBER, 2018. SUBSCRIBED AND SWORN TO BEFORE ME THIS pagARPRO® �<-7----- 28TH DAV OF MARCH, 2019 --- SUSAN M. WEISSUDLIR Nolmy Public My Commission Expires November 30, 1072 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents. 'Thal FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation. and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constinne and appoint Katherine Acosta, Thomas Bean, George O. Brewster, Desiree Card lin, Colette R. Chisholm, Dana Granice, Susan Lupski, Gerard S. Macholz, Camille Maitland, Robert T. Pearson, Nelly Renchiwich, Rita Losquadro, Vincent A. Walsh and Michelle Wannamaker of Uniondale, New York------------------------------------------------------________---______________ each as their true and lawful Aunrney-in"Fact to execute under such designation In their names and (oaffix their curpolate seals to and deliverI'ur and of Their behalf' as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (at her than ball 6nnds) given or executed iu the course of business, and any fnstrumeins amending or altering the.same, and consents to the modification or alteralion of any instrument referred to in said bonds or obligations. In Witnesses Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and arrested these presents and afted their cnrporate seals on this 25i° day of March, 2019. �JCws7.. l^sl. Nit �n.� IklV:11 \I Ilhun t:.\�<i�lalll>iCttval'y S'T'ATE OF NEW JERSEY County of Hunterdon se's. Stgshcn\d 11:1111.\tic PI uldclit .. !"M L t►j r„ On this 251° day of March, 2019, before me, a Notary Public of New Jersey, personally cattle Dawn M. Chloros, to ole known to be Assistant Secretly or FEDERAL. INSURANCE: COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY. (he companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by 1lie duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCH COMPANY, and PACIFIC INDEMNI'T'Y COMPANY and kruws the cnrporate seals thereof, that the seals affixed to the furegoing Power of Attorney are such corporate seals and were thereto affixed by authnrlty of said Gnnpanfes; and that she signed said Power of Attorney as Assistant Sea'etary of said Companies by like authority; and that she is acquainted with Stephen M. Raney and knows him m be Vfce President of said companies; and that (The signature ufStephen M. Haney, subscribed to said Power ofA(mnley is fu the genuine handwiftfngof Stephen M. Haney, and was thereto suhsci ibeel by authority ofsaid (bnhpanies and in deponent's presence. Notarial Seal 110.5E cu"Is M,e„c NJ SWrt/W `Far,c mmvasesn emfrr Rv..mte, ta.sml CERTIFICATION Resolutions adopted by the Eoads of Directors of PEDL'RAI. INSURANCE COMPANY, VIGILANTINSURANCE COMPANY, and PACIFIC IN DE:M N I'rY COMPANY un August 30, 21 "RESOLVED. than Isle litllowiiw iudmrizatksns rchme it, the execution. for and on too ferthe Company, of bonds. made'IFking,. ren>Knea tI Fo nu'acu and other w Then (xnuFill, reits oft] le on lip Fly entered ilial fn the ordinary course ofbusiness (each n "Written cint nit inert *J. (I) Fach of [lie (:flai.... an. the President and the Vice President.' of the Centrally is hereby atallei final to exeaumany Wrluon funmfunent lilt and an behalfuflhe Congxmy. under Ibe seat of the Cnur(xnry onnhurwise. (2) Gcb duly appwinted attorney ill of the ConNxany is hereby authorized to execute any woolen Connniunenl lin' and oil What of the Coln nilly. under the seal of due Congxrny or ulhenvLse,,, Ibe extent Idol suchactin is authorized by the Kr: en ofpewers provided fn in such lel i1n] svriuen al,ponnrenl as Nosh anorney-infact. (:q Gab of the Chairnvnt III Pleaider, and the Vice Presidents of the Cents my is hereby amhnrized. lin and un hehall'(,ftbe CnI nxmy. toapiwfnt in writing ally lorsoll the artol'ney" al fact of the C.unlpauy with Iid1 Pnver and authority to esecute. for and on behalf' oil' the eonrpanY, under the seal of the Cnnquuw or otherwise. such Written Gnnnduucnts uftbe Cnn.ptny as lnay he slaailled in such written apleinnnenl, which specifeathm eery be by Fenetal type or class Fal' Written Cennninm•nls ur by sIx ilfcation of Fane ur nave lcmieuhu' to Cnuunittnenu. (1) 1 i the Charrm:m. (lie President and tile Vice Vreadenls of the Cninlxnry is hemby:unhnrizttl.fFar'audnn lrehalfuDhe Congxrny.I-default, fu wnonin many other line, of CnmpmyIiaautly'rilywesnv¢•.Pornul un hehnlf of Ibe C. .... pany. under the Coullso seal or otherwise. such Wn'ileu Cummiurenuofthe I:nngxany as are sfecilinl inetch wrinendel•,,abut,whichspecificalinu uray be by weelal type Far class Fal' Vannes C....II nems or byspecificationornue Farmore lun'ticula Written 1'nnunitnrenb'. l54 "1'lie signature orally officer or el her person cx¢uting any W, file,, IF apWinunenlor'JeleX:tinu purse:un to this lhadmion.nnd the seal ul'Ihe (:unrrp:my. may be aflusl by linsintlenn inch Written fummilnienl ar written appeintnrenr Far deleKation. FI ar1'1 ISRRRSOINEI). Ihal the frregofng Ihrenlunon shall nut he AcenncA hr bean exdus'ive statenneut of the lwwcns and mnhority nfollh'ers.employecsanJ For, llel'Yarx mach fin' and I III ill' the Cnmisary. and such Resolution shall not linnl ar ulhenvtve alfii'<vhe exercise ofanysudr Puw'er at authority otherwise validly granted or vented:' I, Dawn NL Chloros. Assistant Secretary of l liDha2Al. INS(IRANCF COMPANY. VIGILANT' INSIIRANCIi COMPANY, and PACIFIC INDEMNITY COMPANY (lh(,'T:oul panics') do hereby ce1'dfy Thal (1) dhelnregning Resnluliousadupledhythes lhrard of❑ireNns u(Ihe Companies are true. rnncrl andiu l'ullorroandeffecl. (if) the foregoing Power III ney is true, ana'cc( onto] In full Bore and effect. Civet under my hand and seals nl'said Companies ai\Vhitchouse Slaffun, NJ, I his February 13, 2020 �fAu��`I`6l N9'�.I1AlL.E� Iit, at NI r.hb x -gin. nn IN ror. IVI:NI'YOP Will 1'1t VFJill "Y'I'IIP \RI HEN 'I'ICI'I'VIll [Its IahNlr ()It Nlll IVY 1iSIII',\NV(1'1111 It Al \'PI FR. I'I FASTCDNIiClIS IT I Jri ,el)(009( 1'N'la 1'n(n1NLx1:13651 •nail: 5urery4'k tubb.tnm FW VIII -PI (rev 08 18) January 11, 2021 Mesa Energy Systems, Inc. Attn: Ali Bac{iee 2 Cromwell Irvine, CA 92618 100 Civi, Censer Drive Nowp,0 Roach, California 92560 9^Vd-5.14-30125 1 949-6dd-5039 rna nawporthe,wh a.gnv Subject: Central Library Chiller Maintenance and Condenser Relocation - C-7776-1 Dear Ali Badiee: On October 27, 2020 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 Countv Recorder on October 29, 2020, Reference No. 2020000614467. The Suretv for the bond is Travelers Casualtv and Surety Company of America & Federal Insurance Companv and the bond number is 107215182 & K40441268. Fnclosed is the Labor & Materials Pavment Bond. Sincerely, l,eilani I. Brown, M C' City Clerk Enclosure EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 107215182 & K40441268 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to MESA ENERGY SYSTEMS, INC. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of replacing chiller unit condenser coil fins, repiping throughout the chiller yard, replacing the chiller pumps, constructing a concrete pad for a new condensing unit, furnishing, delivering, and installing new condensing unit, and various piping and electrical modifications at the City of Newport Beach Central Library. Contractor will also be responsible for providing plans for the acquisition of a no -cost City building permit 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 of 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, Travelers Casualty and surety Company of America & Federal Insurance Company duly authorized t0 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 Three Hundred Two Thousand Six Hundred Nine Dollars ($302,609.00) 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. Mesa Energy Systems, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. 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 13th day of February 2020 . Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 Name of Contractor (Principal) Travelers Casualty and Surety Company of America & Federal Insurance Company Name of Surety i1 � i � ,.P--tiw�r�� J6�3 -Pru3s rfl crn1i"" Authorized Signaturefritle Authorized Agent Signature One Tower Square, Hartford, CT 06183 (TR) 202B Halls Mill Road, Whitehouse Station, NJ 08889 (FE) Camille Maitland, Attorney -in -Fact Address of Surety Print Name and Title 732-321-5600 JR), 908-860-4781 (FE) Telephone APPROVED AS TO FORM: CITY ATTORNE 'S OFFICE Date: --Ah By: - ..� ��,Aaron C. Harp 1�}u City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Mesa Energy Systems, Inc. Page A-2 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 mj t� ) ss. On Feb�jmp— IS 2020 before me, jr,eI`J W'�A= 4.0JjV Notary Public, personally appeared K O fJ who proved to me on the basis of satisfactory evidence td be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. LAUREN A WAGGONER Notary Public - California ON Orange County commission # 2258054 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of 9t4ORM County of Nassau _ )Ss. On February 13 2020 before me, DonnaMarieA. Kissane Notary Public, personally appeared Camille Maitland 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. New York I certify under PENALTY OF PERJURY under the laws of the State of CtiiwMthat the foregoing paragraph is true and correct. WITNESS my hand and official seal. DONNAMARIE A. KISSANE i % I Notary Public -State of New York I No. 01 KI6297783 / 4, r /./." f if r;;) r - ,",- Qualified in Nassau County l°- mature f Commission Expires March 3, 2pg 2 Mesa Energy Systems, Inc. Page A-3 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company LTRAVELERS'I' St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the Slate of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Camille Maitland of Unlondale,New York, their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other wdlings obligatory in the nature thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. µib el� State of Connecticut City of Hartford ss. By: -- Robert L. Raney, SehlbrVice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. .,. 1. My Commission expires the 30th day of June, 2021 _ *mO.A�.s.. lreaul�- .1.AlnKAr4lJl�v p w Mme O. Tet, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surely Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Aftomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of Indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and It is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company, and Sl. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a [me and correct copy of the Power of Attorney executed by said Companies, which remains In full force and effect. Dated this 13th day of February , 2020 Kevin E. Hughes, Assitant Seu etary-- -- ro verify file authenticity of this Power of Attorney, please call m at 2-800-421-3880. Please refer to the above-named Attorney-yn-Fad and the details of the bond to which the power is attached. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2018 CAPITAL STOCK $ 6,480,000 CASH AND INVESTED CASH $ 38,728,596 UNEARNED PREMIUMS BONDS 3,507,432,239 LOSSES STOCKS 294,199,598 LOSS ADJUSTMENT EXPENSES INVESTMENT INCOME DUE AND ACCRUED 38,287,129 COMMISSIONS OTHER INVESTED ASSETS 3,507,839 TAXES, LICENSES AND FEES PREMIUM BALANCES 250,478,792 OTHER EXPENSES NET DEFERRED TAX ASSET 48,781,239 CURRENT FEDERAL AND FOREIGN INCOME TAXES REINSURANCE RECOVERABLE 29,278,755 REMITTANCES AND ITEMS NOT ALLOCATED SECURITIES LENDING REINVESTED COLLATERAL ASSETS 14,277,262 AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 27,813,266 RETROACTIVE REINSURANCE RESERVE ASSUMED ASSUMED REINSURANCE RECEIVABLE AND PAYABLE 626,488 POLICYHOLDER DIVIDENDS OTHER ASSETS 4,936,229 PROVISION FOR REINSURANCE ADVANCE PREMIUM REINSURANCE PAYABLE ON PAID LOSSES & LOSS ADJ. EXPENSES PAYABLE FOR SECURITIES LENDING CEDED REINSURANCE NET PREMIUMS PAYABLE OTHER ACCRUED EXPENSES AND LIABILITIES TOTAL LIABILITIES CAPITAL STOCK PAID IN SURPLUS OTHER SURPLUS TOTAL SURPLUS TO POLICYHOLDERS TOTALASSETS' TOTAL LIABILITIES & SURPLUS STATE OF CONNECTICUT COUNTY OF HARTFORD )SS. CITY OF HARTFORD MICHAEL J. DOODY. BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31 ST DAY OF DECEMBER, 2018. VICE PRESIDENT, Ar/ --"�— SUBSCRIBED AND SWORN TO BEFORE ME THIS 28TH DAY OF MARCH, 2019 S�ISANM WE?I �SL[iDtiR Nolaiy Pubiic M Commission hu ices No+mmbar 30, 1041 'A.���p uta h � t UB Ll ' $ 979,007,378 750,995,504 166,873,871 45,868,684 14,584,663 43,858,534 10,143,037 21,277.153 30,289,553 810,360 10,410,755 7,641,356 1,808,777 886,002 14,277,262 46,469,976 335,489 $ 8,480,000 433,803,780 11 67118 Power of Attorney Federal hTSurance Company I Vigilant Insurance Company I Pacitic Indemnity Company Know All by These Presents.'I'hat FEDERAL INSURANCE COMPANY. an Indiana corporation. VIGILANT INSURANCE COMPANY. a New York corporation. and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Katherine Acosta, Thomas Bean, George O. Brewster, Desiree Cardlin, Colette R. Chisholm, Dana Granice, Susan Lupski, Gerard S. Macholz, Camille Maitland, Robert T. Pearson, Nelly Renchiwich, Rita Losquadro, Vincent A. Walsh and Michelle Wannamaker of Uniondale, New York---------------------------------------------------- ----- --------- __.-__ each as their it and lalf ful Attorney in -Fact to exenne under such designation iu their names and to affix [[fell corpolmte seals to and deliver liar and on their behalf as surety dmrcon or otherwise, bonds and undertakings and Other writings Obligatory in the nature (better (o(her than ball bonds) given or execute([ in the course of husiness, and any Instruments amending ser altering the same, and consents h) the modification or alteration of any instuuhent referred to in said bonds or obligations. In Witness Whereof said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, ;ted PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed [heir corporate seals on this 2511 day ofMarch. 2019. f--)0j-0-f- _l 6l. e4\141A.91 ItIV, n \I 1 lib 4( n. A'I:I: In l lo.larl 401 i 5 Mw,✓ by N^ STAT[, OF NEW JERSEY County of I lunterdon \Irplxn M Ilamg C1,lc VI c*l d, In E01 AA -. ( On this 25'" day of March, 2019, before me, a Notary Public of New Jersey. personally came Dawn M. Chloros-, to file known to he Assistant Secretary of FI4DERAL INSURANCE. COMPANY, VICILAN'r INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Hawn M. Cluores, being by the duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGH ANT INSURANCE. COMPANY. and PACIFIC INDEMNI'T'Y COMPANY ail(] knows the corporate seals thereof. (hat the seals affixed to the foregoing power of Attorney are such corporate seals and were thereto affixed by authority of said Companies: and that she signed said Power of Attorney as Assistant Secretary of said Conhpanies by like authority; and that she is acytlainted with Stephen M. Haney, and knows him to be Vice President of said Companies; .rod that the signature of Stephen M. Haney, subscd r,cl to said W)wei of Attorney Is in the genuine handwriting of Stephen M. f laney. and was thm'etosnhscribed by authurilyot'said Companies and iri deponents presence. Nnlal'tal Seal Ross cowls pew- 1101Nry NOWC OF REw.I PM so SM72100 *rix ummrdanunrn xewmmr zea:m2 CERTIFICATION Resululluns adopted by the Hoards of Directors of FI'IDERAI. INSURANCE COMPANY. VICI LANT I NSU RANCE COMPANY and PACI FIC INDF.MN TTY COMPANY ori August :to, 201(1: "RCtil11.VItU. tlrauhe (flowing aathnl'iv'Itamsream In theearutinn, for and on InhaPnfthe Comleaay. of h,emis, un. renal, I,.re.....mnce.,,cnnfair <anA other wriucn cunnloencnoof tine cort,Vey ennreJ into In the,lrdinal'y course nfbusiness leach a"wrillen Connniunenr''1: (I) lad' of the Chairman, the resident and the Vice I'txsidenn of the frugeany i' hereby aathnrinxl ur (secure airy Written Cnnnniunem I'nland on lelefiroI' it",: ill, under tfc seal of the Congxnw or oortrwise (2) Fadr dtdY appointed Allot ell Ill fact ol'rhe Comp illy is hereby uullmrized In execute any written eunnnitossu lin' and nn beledrnl'rhe Cmnpary under the seal ol'nre Cunyrauv or otherwise. to the "It t that such acorn is autlxuized by [lie is air[ of ll ewers provided for in such person s written aPpoiuuneot as loth attorney-firfacl. ED Rath of the Chah'ncnl. rhe ]'resident ;ted [he Vice Vlesi lents of the Company is hereby amh.)rized, lin' and un b Taff' l the l:rmlxmy. m:aelnim ill 'v, Deg any Innen the anornep imtiff of the C000p ley with full Plower and authority to execuw. for and nn behalfoftheconipany. under de seal .)(rhe Congxwy or otherwise. such Written Cunmriunents arne. C,lmlcmY as luny be.gvcilled in such winoteu appuinnnent. which slu tlica[ion.)ray In by general[ypr o1' class of Written CtlnnOnrnns ur by alna'llicatinn of nue rr nmlr rnuaicuko written Commim 11.1111. (1) Lid of the Che....mn. the 14'esflcut and the Vire Presidents of the Cnnelsmye, hereby awhnrize 1. to and on behalf of ore l:utupany, 0 deleWne in writing many other Writer of tile Crnnlvay fite:na lm..1, of emote. Iol and on behalf of the Cuna,anv. under the 1plttparyl . cal 111' or Is, wise, such Written Commlunents of the Cnrnlxrry Is are peccired in inch WP ince delegatiul 1, wh It 11 xCOi'anrn ncey be by genera l else er class ul'Writtenfennnttmenrs or by slxeilicatton of Onee is unere I O rtitulal' Vainto C,lnnnimwnlS. (sl The sign:.) ore ill' any officer or other lel acttntingany Written conoonnxnt,,app'inuWnlu.'delegationpursuantof[ill,14"olulinn. and rhe seal ill the CurnPany.lnuybcallhodle, I'ae,i....' ori sucb IN ioen Connniunen[ ur wnumr aPlwinuennt or deli"Loo ITRTIHERRIEWINED. [hat the lire%,ling Resolution shall n,lt be doomed to be an cxdusive s[atcluc...of the power., and authuliI, it ollice¢. employers and u[hur Wrset, to act rim Oil un behall'ill' [he Conepany. and so( If Ru'Wufnn shall nor limit or othe,wise• alientbe exercise nf:nry such ]xewenn' awhonry' otherwise validly Wailed or ,eard. L (lawn M. Chlorox, A,,ba;n it Secretary of FEDERAI. INS[I RANCE COMPANY, VICI IANI' INSURANCE CONI PANY, and I'M :1 PIC INDFM NITY COMPANY (lire "Companies") du hereby centfy that (i) the for egoing Resolutions adorned by the Hoard of Directors ofdo CompanieS are 0-110. torted and in full luneO drift eR'tt[. (i0 the foregoingPower ofArfo[ley is 01 114 con'rcc[ and in full litterand effect. Given under illy hand ;if of seals ofsaid C,nupariiCS ;it Whitehouse Station. NJ, this February 13, 2020 IN nu I\TNI VDI lig NI1'IUVIRII'Y 1111.11llnYN'I'ICI'I'YDI litiSIH)NNDRN(1-IIYI11rl'dNYOI'I[FlthlallER. PLEASE. WN'IM: 'I'( ti.—I -� :3 M3 Iaeriso Prof IGS-' 'filll' vVrhhuhhwnr FED-VIG-Pl(rev. 08-18) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31. 2018 (in thousands) TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15,689,631 SURPLUS $15,689.631 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2018, investments with a carrying value of $566.606,856 were deposited with government authorities as required by lax. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly sworn, says that he is Senior Vim President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing is as true and coined statement of the said Company's financial condition as of the 31 st day of December, 2018. Sworn before me (s y t CLAC L eniorir4 fesid\e/nt y, otary Public (J My mmrt scion expires COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Diane Wright, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Aug. 8, 2018 MEMBER, PENNSYLVANIA ASSOCIATIQN OF ROVARI LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (360,335) Outstanding Losses and Lass Expenses $ 6,523,482 United States Government, Stale Reinsurance Payable on Losses and Expenses 1,490,981 and Municipal Bonds 5,738,426 Unearned Premiums 1,914,190 Other Bonds 3,916,616 Ceded Reinsurance Premiums Payable 405,271 Stocks 10%774 Other Liabilities 565,865 Other Invested Assets 959,127 TOTAL INVESTMENTS 1D,354608 TOTAL LIABILITIES 10899789 Investments in Affiliates : Capital Stock 20,980 Great Northern Ins. Co. 384,987 Paid -in Surplus 2,711,474 Vigilant Ins. Co. 333,743 Unassigned Funds 2.057,388 Chubb Indemnity Ins. Co. 176,202 Chubb National Ins. Co. 176,647 SURPLUS TO POLICYHOLDERS 4,789.842 Chubb European Inv. Holdings, SLP 120,469 ther OARilletes 99,299 Premiums Receivable 1,281,368 Other Assets 2.762.308 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15,689,631 SURPLUS $15,689.631 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2018, investments with a carrying value of $566.606,856 were deposited with government authorities as required by lax. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly sworn, says that he is Senior Vim President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing is as true and coined statement of the said Company's financial condition as of the 31 st day of December, 2018. Sworn before me (s y t CLAC L eniorir4 fesid\e/nt y, otary Public (J My mmrt scion expires COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Diane Wright, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Aug. 8, 2018 MEMBER, PENNSYLVANIA ASSOCIATIQN OF ROVARI Batch 8019613 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 2 of 8 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IlilIII IIII IIIIIIJIIIII 11111111111111111111111Jill II1111111 NO FEE « S R 0 0 1 2 1 8 8 1 1 0$« 2020000614467 8:49 am 10129120 90 Sec2A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Mesa Energy Systems Inc., Irvine, California, as Contractor, entered into a Contract on February 11, 2020. Said Contract set forth certain improvements, as follows: Central Library Chiller Maintenance and Condenser Relocation - C-7776-1 Work on said Contract was completed, and was found to be acceptable on October 27. 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty and Surety Company of America & Federal Insurance Company. 1A Pu[SFic 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. pQ 1 Executed on D L�� ZOr Oc at Newport Beach, California. NIN https:Hgs.secure-recording.com/Batch/Confrrmation/8019613 10/29/2020 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 Mesa Energy Systems Inc., Irvine, California, as Contractor, entered into a Contract on February 11, 2020. Said Contract set forth certain improvements, as follows: Central Library Chiller Maintenance and Condenser Relocation - C-7776-1 Work on said Contract was completed, and was found to be acceptable on October 27, 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty and Surety Company of America & Federal Insurance Company. _ AN Purc 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 D G�� �D, �� at Newport Beach, California. r CITY OF NEWPORT BEACH F NOTICE INVITING BIDS V 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 21st day of January, 2020, at which time such bids shall be opened and read for CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 $440,000 Engineer's Estimate Approved by James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 MANDATORY PRE-BID SITE WALK: A mandatory job walk will be conducted for this project on January 7, 2020 at 9 AM at the Central Library located at 1000 Avocado Ave. Newport Beach, CA 92660 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project. "C-20" For further information, call Tom Sandefur, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 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 2 City of Newport Beach CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 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 in Sealed Envelope) 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. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. 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, 3 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. 6. 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. 7. 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 0 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. #611215�#6112154 U �' E,C®4,C®7,C10,C20,C36,C39,C46 M Contractor's License No. & Classification Authorized Signature/Title 1000002425 06/30/2020 01/20/2002 DIR Registration Number & Expiration Date Date Mesa Energy Systems, Inc. Bidder 5 City of Newport Beach CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 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 Amount Bid Dollars ($ 10% of Amt. Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the project of Central Library Chiller Maintenance and Condenser Relocation, Contract No. 7776-1 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 2nd Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 Name of Contractor (Principal) day of January , $®4)9c 2020 Travelers Casualty and Surety Company of America Name of Surety One Tower Square, Hartford, CT 06183 Address of Surety 732-321-5600 Telephone Authorized ent Signature Rita Losquadro, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) n 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 0 Rol we }ss. 11 On Sgtjuclg.t 3, 20ZO 20 before me, Lo►U�ePN WOMOO R, No101R ,Pu61"C Notary Public, pers nally appeared 6'�'pk)P' H., Nt who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L AUREN LAURENAWAGGONER Notary Public - California zOrange County Commission X 2258054 Comm. Expires Sep 14, 2022 Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: rA Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. Travelers Casualty and Surety Company of America AW- Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Rita Losquadro of UNIONDALE , New York , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. ®f� CON�di • *N State of Connecticut City of Hartford ss. By: Robert L. Rane enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer ^Pm # IN WITNESS WHEREOF, I hereunto set my hand and official seal. (/ NOTARY � My Commission expires the 30th day of June, 2021 P0110 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 2nd day of January , 2020 EM -T'➢/,��� Ops G9� W �6 0� Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which this Power of Attorney is attached. ACKNOWLEDGMENT OF SURETY COMPANY STATE OF NEW YORK COUNTY OF NASSAU } On this January 2, 2020 , before me personally came Rita Losquadro to me known, who, being by me duly sworn, did depose and say; that he/she resides in Nassau County , State of New York that he/she is the Attorney -In -Fact of the _TravelersCasualty and Surety Company of America the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has pursuant to Section 11111 of the Insurance Law of the State of New York, issued to Travelers Casualty and Surety Company of America (Surety) his/her certificate of qualification evidencing the qualification of said Com y and its sufficiency under any law of the State of New York as surety and guar tor, and t 4SMALN of accepting and approving it as such; and that such ciary cate s not n r ok� PublicONNA lutARl Notary Public, State of New York NY acknowled ement No. 01 SP6248741 9 No. in Nassau County Commission Expires 09/19/2023 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2018 CAPITAL STOCK $ 6,480,000 ASSETS CASH AND INVESTED CASH $ 36,728,596 UNEARNED PREMIUMS $ 979,007,378 BONDS 3,507,432,239 LOSSES 750,995,504 STOCKS 294,199,598 LOSS ADJUSTMENT EXPENSES 166,673,871 INVESTMENT INCOME DUE AND ACCRUED 38,287,129 COMMISSIONS 45,868,584 OTHER INVESTED ASSETS 3,507,839 TAXES, LICENSES AND FEES 14,584,663 PREMIUM BALANCES 250,478,792 OTHER EXPENSES 43,858,534 NET DEFERRED TAX ASSET 48,781,239 CURRENT FEDERAL AND FOREIGN INCOME TAXES 10,143,037 REINSURANCE RECOVERABLE 29,278,755 REMITTANCES AND ITEMS NOT ALLOCATED 21,277,153 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 14,277,262 AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS 30,289,553 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 27,813,266 RETROACTIVE REINSURANCE RESERVE ASSUMED 810,360 ASSUMED REINSURANCE RECEIVABLE AND PAYABLE 626,488 POLICYHOLDER DIVIDENDS 10,410,755 OTHER ASSETS 4,936,229 PROVISION FOR REINSURANCE 7,641,356 ADVANCE PREMIUM 1,608,777 REINSURANCE PAYABLE ON PAID LOSSES & LOSS ADJ. EXPENSES 868,002 PAYABLE FOR SECURITIES LENDING 14,277,262 CEDED REINSURANCE NET PREMIUMS PAYABLE 46,469,976 OTHER ACCRUED EXPENSES AND LIABILITIES 335,489 TOTAL LIABILITIES $ 20,254 CAPITAL STOCK $ 6,480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1670943418 TOTAL SURPLUS TO POLICYHOLDERS TOTAL ASSETS — 4M%147.4'5T TOTAL LIABILITIES & SURPLUS •{ 3 STATE OF CONNECTICUT COUNTY OF HARTFORD ) SS. CITY OF HARTFORD MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31ST DAY OF DECEMBER, 2018. SUBSCRIBED AND SWORN TO BEFORE ME THIS 28TH DAY OF MARCH, 2019 FOTO' UBLI VICE PRESIDENT, FINANCE t, - NU N MY FUBLIQ SUSAN M. WEISSLEDER Notary Public My Commission Expires November 30, 2022 City of Newport Beach CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 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. Bidders must also include DIR registration numbers for each subcontractor. Mesa Energy Systems, Inc. Bidder 0 VW /� Authorized Signature/Title City of Newport Beach CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidder's Name Mesa Energy Systems, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all HVAC construction projects you have worked on (or are currently working on) in the past 5 years in excess of $75,000, provide the following information: No. 1 Project Name/Number Project Description LBUSD Agreement No: 1819-0259-00 LBUSD Admin Building HVAC Upgrade Approximate Construction Dates: From 01/01/2019 Agency Name To: 03/31/2020 Long Beach Unified School District Contact Person Priscilla Garcia Telephone( )562-997-8000 x1408 3 390,789 Original Contract Amount $ Final Contract Amount $ 3,390,789 (est.) If final amount is different from original, please explain (change orders, extra work, etc.) Solar PV system on roof was descoped to incorporate other additional HVAC modifications Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 10 No. 2 Project Name/Number LBUSD Solar Carports at (21) Sites Project Description Solar EPC Services for new carports at (21) schools via PPA Approximate Construction Dates: From 04/01/2019 To: Agency Name Ongoing Long Beach Unified School District Contact Person Priscilla Garcia Telephone( ) 562-997-8000 x1408 15,755,702 Original Contract Amount $ Final Contract Amount $ 15, 755, 702 (current) If final amount is different from original, please explain (change orders, extra work, etc.) Contract allows room to add additional school sites as requested by District Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number Oxnard SD HVAC Retrofit at Multiple Schools Project Description HVAC Retrofit Design Build Services Approximate Construction Dates: From Agency Name Contact Person June 2016 Oxnard School District Orlando De Leon To: August 2018 Telephone ( ) 805-513-2849 2,761,400 2,761,400 (est.) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) HVAC Retrofit D -B Services at eight school sites. Removal and Replacement of three air-cooled chillers, including new pump/piping as required. Retrocommissioning of 13 Large Multi -zone units, and replacement of various rooftop units, and retrofit replacement of 126 ducted furnace systems with associated ductwork and coils. 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 Irvine USD HVAC Retrofit at Multiple Schools HVAC Retrofit Design Build Services Approximate Construction Dates: From June 2016 Agency Name To: August 2013 Irvine Unified School District Contact Person Joe Hoffman Telephone ( 3,500,000 Original Contract Amount $ Final Contract Amount $ )949-936-5303 3,500,000 If final amount is different from original, please explain (change orders, extra work, etc.) HVAC Retrofit D -B Services at two school sites. Replacement of (62) Rooftop units at University HS, and Eight (8) Large Multi -zone units at Westpark Elementary, and (57) 3 -ton rooftop air handling units including CHW & HHW controls at Irvine HS Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number Project Description HVAC Design -Build Services at THREE (3) Schools HVAC Replacement project at three schools Approximate Construction Dates: From 04/09/2013 To: 11/30/2019 Agency Name Val Verde Unified School District Contact Person Greg Whitton Telephone ( ) 951-$09-4233 3,901,201 Original Contract Amount $ Final Contract Amount $ 4,597,757 (est.) If final amount is different from original, please explain (change orders, extra work, etc.) Additional units were added to the scope of work per district Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 12 No. 6 Project Name/Number HVAC Replacement Project at Four (4) Schools Project Description HVAC Retrofit Design Build Services Approximate Construction Dates: From October 2017 To: August 2018 Agency Name Merced City School District Contact Person Kenneth Testa Telephone ( ) 209-385-6332 2,008,970 Original Contract Amount $ Final Contract Amount $ 2, 008, 970 (est. ) If final amount is different from original, please explain (change orders, extra work, etc.) Prop 39 HVAC & Lighting Pre -construction design 6 construction services for four school sites. Performed overall design and implementation services involving interior/exterior lighting retrofit with occupancy sensors, and the replacement of 130+ HVAC rooftop an wall mounted packaged units. 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 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 of the Contractor's current financial conditions. Mesa Energy Systems, Inc. Bidder 13 Cu a - L Authorized Signaturerfitle "�VJVMWR Services Ir Mesa Energy Systems Tim Sheeley Retrofit and Construction Superintendent EDUCATION Sheet Metal Workers Apprenticeship Program 34 years of trade experience. 12 years at Mesa Energy Systems. EXPERIENCE Mr. Sheeley is experienced in all facets of air conditioning installation which includes, chillers, up to 230 -ton package units, cooling towers, fluid coolers, fan walls, coil banks, damper banks, boilers, VAV boxes, duct work, etc. He also has extensive experience rigging and setting new equipment with cranes and helicopters. PARTIAL PROJECT HISTORY • Sony Studios — Coils, chillers, package units. • Paramount Studios — Package units, VAV's, duct work. • University of La Verne — Ground up 3 story building, ground up student dorms, campus upgrade from DX package units to chilled air handlers. • City National Towers — Replace cooling towers. • Molina Corporate Building — Replace coils, install fan walls, cooling towers, and chillers. • Federal Building — Install coils, dampers, and fan walls • Irvine Unified School District — Replace 60 roof top package units. • Westfield Malls — Replace package units, coils, and damper banks. • Tustin Unified School District — Replace 100 package units. • CBS Studios — Replace coils, boilers, damper banks, and install new fan walls. City of Newport Beach CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of 0 i'j Id I L Ko 1--I being first duly sworn, deposes and says that he or she is S R . Vice � R P St £'Nf of M Q.0 C N 2 CZ�tU SU. tPM& jLJC- , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf 6f, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. He5o ENQ���4 Su ffioms.l���. Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this 2D" -'day of w r2 "1a 2020 by K o �l proved to me on the basis of satisfactory evidence to be the p rson(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. �? Notary Public [SEAL] TeLAUREN A WAGGONER Notary Public - California Z r Orange County COmn11SS10n k 225aU:l4 My Comm. Expires Sep i4, 2022 14 My Commission Expires: �; r'y 22. City of Newport Beach CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 DESIGNATION OF SURETIES Bidder's name Mesa Energy Systems, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): ALLIANT INSURANCE SERVICES, INC. Federal Insurance Company 333 Earle Ovington Blvd, Suite 700 M Allen Road Uniondale, NY 11553 Basking Ridge, NJ 07920 516-414-8900 908-605-3154 Michael D. Romano Travelers Casualty and Surety .Company -of -America Alluant Insurance Serti�pa 343 Thornall Street, 5th floor 67,,Walnut lAve. Suite 406 Edison, NJ -08 37-2238 Clark, Ni 0 066 732-321-5600 732-587-1951 Joseph -Dob kows#r---- 15 City of New ort Beach CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Mesa Energy Systems, Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Total 2019 No. of contracts 1,068 896 798 729 650 576 4,717 Total dollar Amount of Contracts (in 219,891 190,780 160,143 98,453 136,905 89,252 895,422 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 2 2 1 1 4 1 11 No. of lost workday cases involving permanent 3 2 3 3 3 4 18 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy 2 Cromwell, Irvine CA 92618 949-460-0460 Classification: 611215, B, C-4, C-7, C10, C20, C36, C38, C46 Title Senior VP The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of rtrtp Ron Hickey bidder tti t��x ^' Date 01/20/2020 Title Senior Vice President 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. rNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _Df, On Tote' 2 ' u20 before me, L( ow y 1 1Vo}orzL 1"yt`J�dC ate Here Insert Name and Title of the Ofi cer personally appeared \j 1)IC Nome(s) of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LAUREN A WAGGONER Notary Pu6tlt - CaliforniaOrange County ExpiommiExpi P 2254054 My Comm. res Sep 14, 2022 �s Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J Signature � -- Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: City of Newport Beach CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Mesa Energy Systems, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 1 01/13/2020 Wvb;-.. 18 Cityo% F A1esu• ^w$ C2n9nk i�.y a,1 uIsVtI Ana us CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 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: Mesa Energy systems, Inc. Business Address: 2 Cromwell, Irvine, CA 92618 Telephone and Fax Number: 949-460-0460 949-460-8833 #611215 California State Contractor's License No. and Class:B C-4, C-7, CIO, C20, C36, C38, C46 (REQUIRED AT TIME OF AWARD) Original Date Issued: 01/27/91 Expiration Date: 01/31/21 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: Ali Badiee, Energy Engineer; Hebat Badiee, Director of Engineering The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Robert Lake President 2 Cromwell, Irvine, CA 949-460-0460 Stephen Lake CFO 2 Cromwell, Irvine, CA 949-460-0460 Charles Fletcher Executive VP 2 Cromwell, Irvine, CA 949-460-0460 Ron Hickey Senior VP 2 Cromwell, Irvine, CA 949-460-0460 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Mesa Energy System, Inc. dba EMCOR Services Mesa Energy 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; Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor c lance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes ANo 20 Are any claims or actions unresolved or outstanding? Yes UO 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. Mesa Energy Systems, Inc. Bidder Ron Hickey (Print name of Owner or President of Corporation/Company) Authorized Signature/Title Senior Vice President Title 01/20/2020 Date On J QIJ 94 & 20 before me, Notary Public, personally appeared I20 Ili 1 j L Ke who proved to me on the basis of satisfactory evidence to be the person() 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 Fyublic in and for said State My Commission Expires: c J U 2 2 21 (SEAL) _ LAUREN A WAGGONER Notary Pu61ic • Califomia ` Orange County ' Commisslan M 22411094 My Comm. Expires Sep 14, 2022 City of Newport Beach CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 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. f►x: CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION CONTRACT NO. 7776-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 11th day of February, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MESA ENERGY SYSTEMS, INC., a California corporation ("Contractor"), whose address is 2 Cromwell Irvine, CA 92618, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of replacing chiller unit condenser coil fins, repiping throughout the chiller yard, replacing the chiller pumps, constructing a concrete pad for a new condensing unit, furnishing, delivering, and installing new condensing unit, and various piping and electrical modifications at the City of Newport Beach Central Library. Contractor will also be responsible for providing plans for the acquisition of a no -cost City building permit (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 . ollows: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. 7776-1, 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 Three Hundred Two Thousand Six Hundred Nine Dollars ($302,609.00). 3.2 This compensation includes.- 3.2.1 ncludes: 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 Ali Badiee 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 Mesa Energy Systems, Inc. Page 2 City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive 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: Ali Badiee Mesa Energy Systems, Inc. 2 Cromwell Irvine, CA 92618 Mesa Energy Systems, Inc. Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference, and (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. Mesa Energy Systems, Inc. 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 Mesa Energy Systems, Inc. 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 Mesa Energy Systems, Inc. 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. Mesa Energy Systems, Inc. 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. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 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. Mesa Energy Systems, Inc. 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] Mesa Energy Systems, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTONEY'S OFFICE Date: 2 2 Zo CITY OF NEWPORT BEACH, a California municipal corporation Date: "LA/ oZD By: I& � By: ,-,,,,Aaron C. Harp o� 9 Will O'Neill City Attorney 0 *6% Mayor ATTEST: Date: , `! By: Leilani I. Brown City Clerk CONTRACTOR: MESA ENERGY SYSTEMS, INC., a California corporation Date: Signed in Counterpart By: Robert Lake Chief Executive Officer Date: By: Signed in Counterpart Stephen Hunt Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements Mesa Energy Systems, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTOR EY' OFFICE Date -. 2 - Zo2© By: de� Aaron C. Harp City Attorney 01CjV ATTEST: Date: as Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: MESA ENERGY SYSTEMS, INC., a California corporation Date: 2,/i 3 /,;� o By: Robert La Chief Executive Officer Date: 71)VA Z6 By: blll:� Stephen Hunt Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements Mesa Energy Systems, Inc. Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 107215182 & K40441268 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to MESA ENERGY SYSTEMS, INC. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of replacing chiller unit condenser coil fins, repiping throughout the chiller yard, replacing the chiller pumps, constructing a concrete pad for a new condensing unit, furnishing, delivering, and installing new condensing unit, and various piping and electrical modifications at the City of Newport Beach Central Library. Contractor will also be responsible for providing plans for the acquisition of a no -cost City building permit 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, Travelers Casualty and Surety Company of America & Federal 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 Three Hundred Two Thousand Six Hundred Nine Dollars ($302,609.00) 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. Mesa Energy Systems, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. 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 13th day of February , 2020 . Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 Name of Contractor (Principal) Travelers Casualty and Surety Company of America & Federal Insurance Company Name of Surety One Tower Square, Hartford, CT 06183 (TR) 2026 Halls Mill Road, Whitehouse Station, NJ 08889 (FE) 0S ' Authorized Signature/Title Authorized Agent Signature Camille Maitland, Attorney -in -Fact Address of Surety Print Name and Title 732-321-5600 (TR), 908-860-4781 (FE) Telephone APPROVED AS TO FORM: CITY ATTORNE'S OFFICE Date: 1 Z PO W By: 'c,Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Mesa Energy Systems, Inc. Page A-2 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 _ O 9a N m e }ss. On FQbRuatR.y 18 , 2020 before me, LowetJ Wmgg00PR Notary Public, personally appeared Kp til H I G ke U who proved to me on the basis of satisfactory evidence tol 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 and and official seal.LAURENAWAGGONER �N Notary Public - California Orange County D Commission p 2258054 My Comm. Expires Sep 14, 2022 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of i&l4tiihSM County of _ Nassau }ss. On February 13 2020 before me, DonnaMarie A. Kissane Notary Public, personally appeared Camille Maitland 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. New York I certify under PENALTY OF PERJURY under the laws of the State of 11iWM%Xxthat the foregoing paragraph is true and correct. ;NESS my hand and official seal. DONNAMARIE A. KISSANE Notary Public -State of New York No. 01 K16297783 Qualified in Nassau County ignature Commission Expires March 3, 2P22 Mesa Energy Systems, Inc. Page A-3 Travelers Casualty and Surety Company of America AIM Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Camille Maitland of Uniondale,New York, their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. 1 cow U., 2 HARTFORD' OPM�1R 3 CONN ttS I#L State of Connecticut ' By:� _. City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. a My Commission expires the 30th day of June, 2021 • *gyp * Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 13th day of February , 2020 08 Kevin E. Hughes, Assit; ant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney4n-fad and the details of the bond to which the power is attached. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2018 CAPITAL STOCK $ 6,480,000 CASH AND INVESTED CASH $ 36,728,596 UNEARNED PREMIUMS $ 979,007,378 BONDS 3,507,432,239 LOSSES 750,995,504 STOCKS 294,199,598 LOSS ADJUSTMENT EXPENSES 166,673,871 INVESTMENT INCOME DUE AND ACCRUED 38,287,129 COMMISSIONS 45,868,584 OTHER INVESTED ASSETS 3,507,839 TAXES, LICENSES AND FEES 14,584,663 PREMIUM BALANCES 250,478,792 OTHER EXPENSES 43,858,534 NET DEFERRED TAX ASSET 48,781,239 CURRENT FEDERAL AND FOREIGN INCOME TAXES 10,143,037 REINSURANCE RECOVERABLE 29,278,755 REMITTANCES AND ITEMS NOT ALLOCATED 21,277,153 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 14,277,262 AMOUNTS WITHHELD / RETAINED BY COMPANY FOR OTHERS 30,289,553 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 27,813,266 RETROACTIVE REINSURANCE RESERVE ASSUMED 810,360 ASSUMED REINSURANCE RECEIVABLE AND PAYABLE 626,488 POLICYHOLDER DIVIDENDS 10,410,755 OTHER ASSETS 4,936,229 PROVISION FOR REINSURANCE 7,641,356 ADVANCE PREMIUM 1,608,777 REINSURANCE PAYABLE ON PAID LOSSES & LOSS ADJ. EXPENSES 666,002 PAYABLE FOR SECURITIES LENDING 14,277,262 CEDED REINSURANCE NET PREMIUMS PAYABLE 46,469,976 OTHER ACCRUED EXPENSES AND LIABILITIES 335,489 TOTAL LIABILITIES 2, 20,254 CAPITAL STOCK $ 6,480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,670,943,418 TOTAL SURPLUS TO POLICYHOLDERS TOTAL ASSETS TOTAL LIABILITIES & SURPLUS —r4Tf�dT7's'F STATE OF CONNECTICUT COUNTY OF HARTFORD ) SS. CITY OF HARTFORD MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31ST DAY OF DECEMBER, 2018. SUBSCRIBED AND SWORN TO BEFORE ME THIS 28TH DAY OF MARCH, 2019 VICE PRESIDENT, FINANCE L�- -T NUIARY PUBLIC SUSAN M. WEISSLEDER No/ag Public My Commission Expires November 30, 2022 CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Katherine Acosta, Thomas Bean, George 0. Brewster, Desiree Cardlin, Colette R. Chisholm, Dana Granice, Susan Lupski, Gerard S. Macholz, Camille Maitland, Robert T. Pearson, Nelly Renchiwich, Rita Losquadro, Vincent A. Walsh and Michelle Wannamaker of Uniondale, New York ------------------------------------------------------------------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 251h day ofMarch, 2019. Dawn M, Chloros.:1`sisttintSecretiry STATE OF NEW JERSEY County of Hunterdon ss. Stephen M. Ilancl.1 ice President 4P. On this 25th day of March, 2019, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence. E �hR,ROSE CURTIS Notarial Seal e°pu0 �'" NOTARY OF JERSEY No.PUBLIC c No. 50072400400 yam, h�E+ CornmUgon FmYas tbwmher 22, 2(122 J XuLu} Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfof the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfof the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification maybe by general type or class of Written Commitments or by specification ofone or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalfof the Company, and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted or vested." 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (f) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (if) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, this February 13, 2020 Rival U. (:hlurtrs. A sismnt Secreuit IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT LIS AT: Tele hone (908)903-3493 Fax (908) 903- 3656 retail: sure[ On chubb.com FED- VIG-PI (rev. 08-18) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2018 (in thousands) ASSETS Cash and Short Term Investments $ (360,335) United States Government, State 384,987 and Municipal Bonds 5,738,426 Other Bonds 3,916,616 Stocks 100,774 Other Invested Assets 959,127 TOTAL INVESTMENTS 10,354,608 investments in Affiliates: $ 6,523,482 Great Northern Ins. Co. 384,987 Vigilant Ins. Co. 333,743 Chubb Indemnity Ins. Co. 176,202 Chubb National Ins. Co. 176,647 Chubb European Inv. Holdings, SLP 120,469 Other Affiliates 99,299 Premiums Receivable 1,281,368 Other Assets 2,762,308 LIABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Loss Expenses $ 6,523,482 Reinsurance Payable on Losses and Expenses 1,490,981 Unearned Premiums 1,914,190 Ceded Reinsurance Premiums Payable 405,271 Other Liabilities 565,865 TOTAL LIABILITIES 10,899,789 Capital Stock 20,980 Paid -In Surplus 2,711,474 Unassigned Funds 2,057,388 SURPLUS TO POLICYHOLDERS 4,789,842 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15,689,631 SURPLUS $15,689,631 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2018, investments with a carrying value of $566,806,856 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly sworn, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing ii.sa�true and correct statement of the said Company's financial condition as of the 31 st day of December, 2018. Sworn before me LSeriior Vice, ^fesident � �p Notary Public My oomnjssion expires COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Diane Wright, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Aug, 8, 2019 MEMBER, PENNSYLVANIA ASSOCIATIQN OF NOTARI EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 107215182 & K40441268 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ rate of $ 4.50 1,362.00 , being at the thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Mesa Energy Systems, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of replacing chiller unit condenser coil fins, repiping throughout the chiller yard, replacing the chiller pumps, constructing a concrete pad for a new condensing unit, furnishing, delivering, and installing new condensing unit, and various piping and electrical modifications at the City of Newport Beach Central Library. Contractor will also be responsible for providing plans for the acquisition of a no -cost City building permit 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 Travelers Casualty and Surety Company of America & Federal 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 Three Hundred Two Thousand Six Hundred Nine Dollars ($302,609.00) 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 Mesa Energy Systems, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. 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 13th day of February ,2020 Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 L%�11I rl: Vlr t�l�tf "� Name of Contractor (Principal) Authorized Signature/Title Travelers Casualty and Surety Company of America & Federal Insurance Company Name of Surety One Tower Square, Hartford, CT 06183 (TR) 2028 Halls Mill Road, Whitehouse Station, NJ 08889 (FE) Address of Surety 732-321-5600 (TR), 908-860-4781 (FE) Telephone APPROVED AS TO FORM: CITY ATTO,RN Y'S OFFICE Date: Authorized Agent Signature Camille Maitland, Attorney -in -Fact Print Name and Title By: Ox lan"a�' " ao Aaron C. Harp . For'. City Attorney 0 NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Mesa Energy Systems, Inc. Page B-2 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 —0 K&I t—GI�Q } ss. On FPhRUGiP. IPS 202_before me,_LGIVg2tJ W01A,000QI2 Notary Public, personally appeared 1Z0t.I H i C kQu who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. N A W1UREAGGONER 4 a4 ryf ffi Notary Public - California Z '. orange County Commission # 2258054 My Comm. Expires Sep 14, 2022 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of VWAX County of Nassau } ss. On February 13 2020 before me, DonnaMarie A. Kissane Notary Public, personally appeared __Camille Maitland 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. New York I certify under PENALTY OF PERJURY under the laws of the State of 1Ann"that the foregoing paragraph is true and correct. ITNESS my hand and official seal. DONNAMARIE A. KISSANE Notary Public -State of New York No. 01K16297783 Signature Qualified in Nassau County (Seal) Commission Expires March 3, 2022 Mesa Energy Systems, Inc. Page B-3 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS.) St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Camille Maitland of Uniondale,New York, their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. HAMRM U.,Ovlz 1lA 'J��cr tires1N^� Coda+ F$ 1 *� 4r 1� State of Connecticut City of Hartford ss. By: Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. 0• My Commission expires the 30th day of June, 2021 MALI . C -`1XI�_ Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 13th day of February , 2020 we 09'0*4 ekv4il� Kevin E. Hughes, Ass; tant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Pact and the details of the bond to which the power is attached, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2018 CAPITAL STOCK $ 6,480,000 CASH AND INVESTED CASH $ 36,728,596 UNEARNED PREMIUMS $ 979,007,378 BONDS 3,507,432,239 LOSSES 750,995,504 STOCKS 294,199,598 LOSS ADJUSTMENT EXPENSES 166,673,871 INVESTMENT INCOME DUE AND ACCRUED 36,287,129 COMMISSIONS 45,868,584 OTHER INVESTED ASSETS 3,507,839 TAXES, LICENSES AND FEES 14,584,663 PREMIUM BALANCES 250,478,792 OTHER EXPENSES 43,858,534 NET DEFERRED TAX ASSET 48,781,239 CURRENT FEDERAL AND FOREIGN INCOME TAXES 10,143,037 REINSURANCE RECOVERABLE 29,278,755 REMITTANCES AND ITEMS NOT ALLOCATED 21,277,153 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 14,277,262 AMOUNTS WITHHELD / RETAINED BY COMPANY FOR OTHERS 30,289,553 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 27,813,266 RETROACTIVE REINSURANCE RESERVE ASSUMED 810,360 ASSUMED REINSURANCE RECEIVABLE AND PAYABLE 626,488 POLICYHOLDER DIVIDENDS 10,410,755 OTHER ASSETS 4,936,229 PROVISION FOR REINSURANCE 7,641,356 ADVANCE PREMIUM 1,608,777 REINSURANCE PAYABLE ON PAID LOSSES & LOSS ADJ. EXPENSES 868,002 PAYABLE FOR SECURITIES LENDING 14,277,262 CEDED REINSURANCE NET PREMIUMS PAYABLE 46,469,976 OTHER ACCRUED EXPENSES AND LIABILITIES 335,489 TOTAL LIABILITIES 2, ,120,254 CAPITAL STOCK $ 6,480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS TOTAL SURPLUS TO POLICYHOLDERS 1670 ' 943418 $ 2,22 , 8 TOTAL ASSETS TOTAL LIABILITIES & SURPLUS STATE OF CONNECTICUT COUNTY OF HARTFORD ) SS. CITY OF HARTFORD MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31 ST DAY OF DECEMBER, 2018. SUBSCRIBED AND SWORN TO BEFORE ME THIS 28TH DAY OF MARCH, 2019 . W VICE PRESIDENT, FINANCE L- Y PUBLIC SUSAN M. WEISSLEDER Notary Public My Commission Expires November 30, 2022 CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Katherine Acosta, Thomas Bean, George O. Brewster, Desiree Cardlin, Colette R. Chisholm, Dana Granice, Susan Lupski, Gerard S. Macholz, Camille Maitland, Robert T. Pearson, Nelly Renchiwich, Rita Losquadro, Vincent A. Walsh and Michelle Wannamaker of Uniondale, New York ------------------------------------------------------------------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 25th day ofMarch, 2019. '�C9.9-�•S'r�-i'�61 • P��J9� ftr,;n \1 Ch I( ,. As,;istant Secretary STATE OF NEW JERSEY County of Hunterdon Stephen \I. I lancy. Vice President On this 251h day of March, 2019, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority ofsaid Companies and in deponent's presence. Notarial Seal ,o a Coq's ROSE CURTIS c NOTARY PU- 50 7 NEW JERSEY F NEW N0. 50072400 ,IJ i1�+gC� GDMM gm WkN Nm bw 22. 2= ///Nt J hilt:Iry Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this February 13, 2020 o`dJP� yauy,.� l7.ty;n YL Chloros. :\.,6istant IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com FED- VIG-PI (rev. 08-18) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2018 (in thousands) ASSETS Cash and Short Term Investments $ (360,335) United States Government, State 384,987 and Municipal Bonds 5,738,426 Other Bonds 3,916,616 Stocks 100,774 Other Invested Assets 959,127 TOTAL INVESTMENTS 10,354,608 Investments in Affiliates: $ 6,523,482 Great Northern Ins. Co. 384,987 Vigilant Ins. Co. 333,743 Chubb Indemnity Ins. Co. 176,202 Chubb National Ins, Co. 176,647 Chubb European Inv. Holdings, SLP 120,469 Other Affiliates 99,299 Premiums Receivable 1,281,368 Other Assets 2,762,308 LIABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Loss Expenses $ 6,523,482 Reinsurance Payable on Losses and Expenses 1,490,981 Unearned Premiums 1,914,190 Ceded Reinsurance Premiums Payable 405,271 Other Liabilities 565,865 TOTAL LIABILITIES 10,899,789 Capital Stock 20,980 Paid -In Surplus 2,711,474 Unassigned Funds 2,057,388 SURPLUS TO POLICYHOLDERS 4,789,842 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15,689,631 SURPLUS $15,689,631 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2018, investments with a carrying value of $566,806,856 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly sworn, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing ii�sa�true and correct statement of the said Company's financial condition as of the 31 st day of December, 2018. Sworn before me is % t `Clit.CA-_ enior Vic9JRfesident Notary Public My comrgssion expires COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Diane Wright, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Aug, 8, 2019 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARI CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2/5/2020 Dept./Contact Received From: Shelby Morgan Department: Public Works Sent to: Marissa By. Shelby Company/Person required to have certificate: Mesa Energy Systems, Inc. Type of contract: Public Works & Construction Agreement I GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/2019-10/1/2020 A. INSURANCE COMPANY: Continental Casualty Company NAIC#20443 B. AM BEST RATING (A-: VII or greater): A : XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT — please attach F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? H. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/2019-10/1/2020 ❑✓ Yes ❑ No $1 M occur / $2M agg ❑✓ Yes ❑ No 0 Yes ❑ No 0 Yes ❑ No ✓❑ N/A ❑ Yes ❑ No A. INSURANCE COMPANY: Continental Casualty Company NAIC#20443 B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $2M E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT - please attach F. HIRED AND NON -OWNED AUTO ONLY: ❑✓ N/A G. ADDITIONAL INSURED ENDORSEMENT — please attach H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ✓❑ Yes ❑ No ❑✓ Yes ❑ No ❑ Yes ❑ No ❑✓ Yes ❑ No officers, officials, employees and volunteers): Is it included? [a Yes ❑ No I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: [Z] N/A F-1 Yes ❑ No M WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/2019-10/1/2020 A. INSURANCE COMPANY: Continental Insurance Company NAIC#35289 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 ADDITIONAL COVERAGES THAT MAYBE REQUIRED ❑✓ Yes [:]No ❑✓ Yes ❑ No $1M ❑✓ Yes ❑ No ❑✓ N/A ❑ Yes ❑ No ❑ PROFESSIONAL LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ POLLUTION LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ BUILDER'S RISK EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: El EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: NOTES/COMMENTS: Approved: Risk Management 3/9/2020 Date EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, 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 Mesa Energy Systems, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury 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. 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 Mesa Energy Systems, Inc. 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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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 Mesa Energy Systems, Inc. Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 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. Mesa Energy Systems, Inc. Page C-4 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. Mesa Energy Systems, Inc. Page C-5 City of Newport Beach CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION Contract No. 7776-1 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. 7776-1 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: 01/20/2020 Date 949-460-0460 949-460-8833 Bidder's Telephone and Fax Numbers #611215 B,C-4,C-7,C10,C20,C36,C38,C46 Bidder's License No(s). and Classifications) 1000002425 DIR Registration Number Mesa Energy Systems, Inc. Ron Hickey Bidder (-\X � -- Senior VP Bidder's Authorized Signature and Title 2 Cromwell, Irvine, CA 92618 Bidder's Address Bidder's email address: rhickey@emco.r.net PR -1 City of Newport Beach Page 2 Central Library Chiller Maintenance and Condenser Relocation (7776-1), bidding on January 21, 2020 10:00 AM (Pacific) Printed 01/21/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Install New Condensing Unit on Concrete Pad LS 1 $61,673.00 $61,673.00 7 Provide As -Built Drawings LS 1 $2,000.00 $2,000.00 Subtotal $302,609.00 Total $302,609.00 Subcontractors Name & Address Description License Num CADIR Amount Type Farwest Insulation Insulation 845682 1000004102 $15,430.00 Contracting 1220 S Sherman St Anaheim, CA 92805 United States Planett3ids, iric. City of Newport Beach Page 1 Central Library Chiller Maintenance and Condenser Relocation (7776-1), bidding on January 21, 2020 10:00 AM (Pacific) Printed 01/21/2020 Bid Results Bidder Details Vendor Name Mesa Energy Systems, Inc. Address 2 Cromwell Irvine, CA 92618 United States Respondee Shaun Ayvazi Respondee Title Director of Energy Services Phone 949-431-9352 Ext. Email sayvazi@emcor.net Vendor Type CADIR License # 611215 CADIR 1000002425 Bid Detail Bid Format Electronic Submitted January 20, 2020 5:07:27 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 200311 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type BID SUBMITTAL C-7776-1 Mesa Energy Systems, Inc BID SUBMITTAL C-7776-1 Mesa Energy Systems, Inc.pdf General Attachment EMCOR Bid Bond C-7776-1 Bid Bond (executed).pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization LS 1 $30,965.00 $30,965.00 2 Install Replacement Chiller Fins LS 1 $71,551.00 $71,551.00 3 Install Replacement Chiller Piping and Appurtenant Work LS 1 $136,420.00 $136,420.00 4 Install Replacement Chiller Pumps LS 1 0 0 Included in Line Item #3 5 Decomission and Dispose of Existing Condensing Unit LS 1 0 0 Included in Line Item 46 Planotbids, I11C. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT k 7 Pp�� �Foa ' ADDENDUM NO. 1 CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION CONTRACT NO. 7776-1 DATE: IZ13-2-0.)-O BY: ASSISTANT CWY ENGINEER TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents -- all other conditions shall remain the same. PRE-BID QUESTIONS: Q1: Are there as -built plans available for the Central Library system? A1: The available as-builts will be uploaded with this addendum. Q2: Please clarify the mounting and support requirements for the new air separator. A2: The replacement air separator shall be mounted and supported in accordance with the building code. Air separator shall be mounted at the high point of the piping. Q3: The small condensing unit will need to be disconnected and moved out of the way in order to accommodate the removal fo the larger condensing unit. Does the City want to move the unit outdoors with the larger unit? A3: The small unit may be reinstalled in its current location. i:\users\pbw\sha redtoontracts0y19-20 current\100 - facilities\fmmp\central library hvac c-7776-1_20f021biddi ng docs\addendum 1\addendum no. 1.docx Bidders must sign this Addendum No. 1 and attach it to the bid proposal. A bid may be deemed unresponsive unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Ron Hickey Bidder's Name (Please Print) 01/20/2020 Date `U� i Senior Vice President Authorized Signature & Title Attachments: - Central Library Chiller Yard as-builis i:\users\pbmAshared\contracts%fy19-20 current\100 - facilities\fmmp\central library hvac c-7776-1_20102\bidding docs\addendum 1\addendum no. 1.docx CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION PROJECT NO. 20F02 CONTRACT NO. C-7776-1 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 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 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 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7 7-1.2 Temporary Utility Services 7 7-2 LABOR 7 7-2.2 Prevailing Wages 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.2 Storage in Public Streets 8 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-10 SAFETY 9 7-10.3 Haul Routes 9 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 SECTION 9 - MEASUREMENT AND PAYMENT 9 9-2 LUMP SUM WORK 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment. 10 PART 2 - CONSTRUCTION MATERIALS 10 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 11 201-1 PORTLAND CEMENT CONCRETE 11 201-1.1 Requirements 11 201-1.1.2 Concrete Specified by Class and Alternate Class 11 201-2 REINFORCEMENT FOR CONCRETE 11 201-2.2 Steel Reinforcement 11 201-2.2.1 Reinforcing Steel 11 SECTION 215 — CHILLER MAINTENANCE AND CONDENSER RELOCATION EQUIPMENT 11 215-1 CHILLER MAINTENANCE WORK 11 215-1.1 Project Scope 11 215-2 CONDENSER UNIT REPLACEMENT AND RELOCATION 12 215-2.1 Project Scope 12 215-2.2 Condenser Unit Specifications 12 PART 3 - CONSTRUCTION METHODS 13 SECTION 300 - EARTHWORK 13 300-1 CLEARING AND GRUBBING 13 300-1.3 Removal and Disposal of Materials 13 300-1.3.1 General 13 SECTION 601— WORK AREA TRAFFIC CONTROL 14 601-1 GENERAL 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CENTRAL LIBRARY CHILLER MAINTENANCE AND CONDENSER RELOCATION PROJECT NO. 20F02 CONTRACT NO. C-7776-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (3) 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 Page 1 of 14 At the time of the award and until completion of work, the Contractor shall possess a C-20 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 replacing chiller unit condenser coil fins, repiping throughout the chiller yard, replacing the chiller pumps, constructing a concrete pad for a new condensing unit, furnishing, delivering, and installing new condensing unit, and various piping and electrical modifications at the City of Newport Beach Central Library. Contractor will also be responsible for providing plans for the acquisition of a no -cost City building permit. 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 Page 2 of 14 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 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 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 in this subsection, one (1) percent may be added as 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 Page 3 of 14 final/existing layout of the laterals/pipeline 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 sandblasting 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. 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. 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. Baseline schedule shall include material and equipment procurement times as supported by information provided by the individual equipment manufacturers or suppliers. Failure of a supplier to meet their proposed schedule may not necessarily result in an extension of the baseline schedule. It is the Contractor's responsibility to ensure the availability of materials for the project. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. Page 4 of 14 6-7 TIME OF COMPLETION 6-7.1 General After the provision of a material and equipment procurement schedule, the Engineer shall issue a Notice to Procure. The time allotted during the Notice to Procure shall be granted for shop drawing preparation, permit approval, equipment manufacture and delivery. The City currently estimates the Notice to Procure time to be fifty (50) working days. The Notice to Proceed will be issued at the expiration of the Notice to Procure. The Contractor shall complete all work under the Contract within twenty (20) 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. The Library HVAC system shall not be shut down for more than five (5) consecutive days. Normal working hours are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 6:00 p.m. to 7:30 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. For those locations where night work is allowed in order to minimize disruption to the community, the following requirements shall apply: A. Night work hours shall be considered to be from 7:00 p.m. to 7:00 a.m., Sunday night through Friday morning. No work is allowed Friday or Saturday nights. B. The Engineer must approve all requests for night work. C. The Contractor shall notify the Engineer two weeks prior to the start of any requested night work. The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) Page 5 of 14 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. 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 under the approved schedule as part of the Notice to Procure in Section 6-7.1, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work after the issuance of the Notice to Proceed, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $2,500. 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. Page 6 of 14 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 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. 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. Page 7 of 14 The Central Library is open every day so the Contractor shall coordinate every aspect of the construction to minimize the inconvenience to the public and minimize the impact to the Library operations. 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. 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. Page 8 of 14 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 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. 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 included in the prices shown for the other related items of work. Payment for the preparation of Building Department submittal drawings for the acquisition of a building permit shall be considered part of the individual items of work and no additional compensations allowed. 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 Page 9 of 14 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 Installation of Replacement Chiller Fins: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for performing the chiller maintenance work of replacing the chiller fins. Item No. 3 Installation of Replacement Chiller Piping and Appurtenant Work: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for performing the chiller maintenance work of removing existing chiller yard piping, installing new piping, and all valves, connections, bibs, as described in the these specifications. Item No. 4 Installation of Chiller Pumps: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for performing the chiller maintenance work of removing existing chiller pumps, installing new chiller pumps, and all valves, connections, bibs, as described in the these specifications, and all testing and commissioning. Item No. 5 Decommission and Dispose of Existing Condenser Unit: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for decommissioning, removing, and disposing of existing condenser unit. Item No. 6 Installation of Condensing Unit Replacement on Concrete Pad: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for performing the condensing unit replacement work as described in these Specifications. Item No. 7 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 Page 10 of 14 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 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. SECTION 215 — CHILLER MAINTENANCE AND CONDENSER RELOCATION EQUIPMENT 215-1 CHILLER MAINTENANCE WORK 215-1.1 Project Scope The Chiller Maintenance work shall consist of the following items and all other items not listed required to complete the project: • Providing shop drawings for review, approval, and permitting. Prepare any required 2020 California Title 24 forms. No -cost Building Permit required. • Replacement of the chiller unit condenser coil fins with factory applied coated aluminum fin. • Replacement of chiller yard steel piping with new steel piping and 1 -inch thick fiberglass insulation with aluminum jacketing. All piping replaced same size and style. All pipe supports replaced to match existing. • Removal and replacement of chiller pumps with: B&G Base Mounted Pump Series a-1510, Model 2.5 BB, SS, 10 HP, 1800 RPM, 215T Frame, with 9 -inch Impeller, STD-Buna/Carbon/Ceramic/SS/Bronze Seal, BG Choice, TEFC, Nema Premium Efficient, 208-230/460/3/60 Motor, 310 GPM, 65 FT TDH. • On the suction side of each pump provide: Metraflex model LPD0600, 6 -inch low pressure drop strainer and a Metraflex model SDFLR90603, 6 -inch flow straightening flex connector with reducing elbow to 3 -inch piped directly to the pump inlet. Furnish strainers with 3/ inch brass body ball valves with hose bib connections. Page 11 of 14 • On the discharge side of each pump: Metraflex model RMF0625, 2 -1/2 -inch x 6 - inch flex connector to be installed at the pump outlet and a Metraflex model 3DS- 6B to be installed downstream from the flex. • Replacement of the existing air separator with a B&G R -6F Rolairtrol Air Separator 6 -inch Flange w/ Strainer and a BG_113076 - B&G #107A High Capacity cast iron air vent. • Existing thermowells, temperature gauges, pressure gauges replaced in-kind. • Existing sensors and wiring may be re -used as appropriate. • Replacement of existing lug style butterfly isolation valves in-kind. Additional lug style butterfly isolation valves installed after the point of connection flanges for new piping. • New piping with 1 -inch taps and 1 -inch threaded ball valves for pressure testing and cleaning the piping system. • Providing draining of existing system, filling of new system, system chemical additives, start-up and testing. 215-2 CONDENSER UNIT REPLACEMENT AND RELOCATION 215-2.1 Project Scope The Condenser Unit Replacement and Relocation work shall consist of the following items and all other items not listed required to complete the project: • Providing shop drawings for review, approval, and permitting. Prepare any required 2020 California Title 24 forms. • Decommission existing condenser unit system per EPA guidelines. • Remove existing unit from site and dispose as required by regulations. • Grade and pour new reinforced concrete foundation for new condenser unit. • Furnish and deliver new condenser unit per 215-2.2 Condenser Unit Specifications • Secure unit to concrete pad using building department permitted spring isolation anchorage. • Extend and reconnect 2 circuits of refrigerant piping to new unit location using appropriate pipe supports. • Furnish and install new liquid line driers per manufacturer's recommendations. • Furnish and install two refrigeration check valves around existing TXVs per manufacturer's recommendations. • Furnish new outdoor rated electrical disconnect switch and install at unit. • Furnish and install conduit and wire to extend electrical supply to new location. • Furnish and install control conduit to extend out to new location. • Control wiring and terminations. • Commission and test system. 215-2.2 Condenser Unit Specifications Page 12 of 14 The new condenser unit shall be as follows: • Tag: CU -1 Model: CFA -018 Voltage: 460/3/60 • Corrosion Resistant Exterior Paint that exceeds 2,500 hr salt spray test • Vertical Condenser Discharge with End Control Panel • R-41 OA Variable Capacity Scroll Compressors • ECM Condenser Fan Head Pressure Control • 2 Variable Refrigeration Circuits • 5 Minute Compressor Off Timer and 20 Second Compressor Stage Delay • Polymer E -Coated Condenser Coils (Cu Tubes, Al Fins) • Terminal Block for Thermostat with Isolation Relays • Suction Pressure Transducer on Each Circuit • Single Point 460/3/60 Power Connection with Standard Power Block • Extended 2-5 year Compressor Parts Warranty 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. 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. Page 13 of 14 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. Page 14 of 14 NEW CONDENSER LOCATION CENTRAL LIBRARY (1000 AVOCADO AVE) CIVIC CENTER AA PARKING STRUCTURE .97 CONSTRUCTION NOTES: O CHILLER YARD MAINTENANCE O CONDENSER RELOCATION AND REPLACEMENT eROFESSlp CIIAEL S l O3 PROTECT EXISTING RETAINING WALL IN PLACE�o�d�c PROTECT EXISTING EQUIPMENT IN PLACE No. 64465 O O EXISTING 10 -FT HIGH METAL FENCING, PROTECT IN PLACE s�yT CIVIL n� —AGO c PUBLIC WORKS DEPARTMENT�� THOMAS M. SA FUR, P.E. DtATE ASSISTANT CITY ENGINEER CENTRAL LIBRARY HVAC DATE SCALE SHEET 12/11/19 N.T.S. 1 OF 1 DRAWN KC C-7776-1 I B -5279-S