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HomeMy WebLinkAboutC-6209 - Contract for the Improvement of Public Work Central Library Areaway Exaust Fan CITY CLERK CMISC AUG 2 7 2015 C� CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK N CENTRAL LIBRARY AREAWAY EXHAUST FAN WITH CRITCHFIDECEIVED MECHANICAL, INC. OF SOUTHERN CALIFORNIA v THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ("Contract') is made and entered into as of this 3rd day of August, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CRITCHFIELD MECHANICAL, INC. OF SOUTHERN CALIFORNIA, a California corporation ("Contractor"), whose principal place of business is 1821 Mc Gaw Avenue, Irvine, California 92614, 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 desires to engage Contractor to design, furnish, and install the necessary equipment and systems for one or more exhaust fan(s) to discharge the warm air accumulated inside the areaway to the building exterior so as to allow the equipment in that space to function properly, as more fully described in the Contract Documents ("Project'). C. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of sixty (60) calendar days commencing upon issuance of the "Notice to Proceed". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Contract shall commence on the Effective Date and shall terminate on December 31, 2015, unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1. Contract Documents. The complete Contract for the Project includes all of the following documents: Request for Proposals/Bids, attached hereto as Exhibit A; Proposal, attached hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and Materials Payment Bond attached hereto as Exhibit D; Faithful Performance Bond, attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and Standard Drawings; Plans and Special Provisions for Contract No. 6209; 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"). Exhibits A, B, C, D and E, and all other named Contract Documents, 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. 2.2. 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 as identified in the Contract Documents ("Work" or "Services"). 2.3. 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. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Work under this Contract and Contractor shall complete the Work within sixty (60) calendar days from the date of issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted may result in termination of the Contract by City and assessment of damages as outlined in Section 3.2. 3.2. The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the Work called for in this Contract within sixty (60) calendar days from the date of issuance of the Notice to Proceed, Contractor agrees to the deduction of liquidated damages in the sum of Five Hundred Dollars and 00/100 ($500.00) for each calendar day beyond the date scheduled for completion. 4. COMPENSATION 4.1. 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 Thirty Three Thousand Three Hundred Eighty Dollars and 001100 ($33,380.00), less any money deducted pursuant to Section 3.2. Contractor shall not receive any additional compensation unless approved in writing in advance by City's Project Administrator as defined herein. City shall make full payment to Contractor no later than thirty (30) calendar days after acceptance of the Work by City. 4.2. This compensation includes: Critchfield Mechanical, Inc. of Southern California Page 2 4.2.1. Any loss or damage arising from the nature of the Work; 4.2.2. Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 4.2.3. 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. 5. 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 Christopher Martin 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. 6. 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 Services to be rendered pursuant to this Contract. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1. Contractor shall use only the standard materials and equipment as described in the Contract Documents in performing Work under this Contract. Any deviation from the materials or equipment described in the Contract Documents shall not be utilized unless approved in advance by the Project Administrator. 7.2. Contractor shall comply with the terms and conditions of the Contract Documents. 7.3. All of the Work shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Contract, and that it will perform all Work in a manner commensurate with the highest professional standards. 7.4. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Contract, all applicable federal, state and local laws, and the highest professional standard. 7.5. Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is Critchfield Mechanical, Inc. of Southern California Page 3 legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Contract. 7.6. Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. CHANGE ORDERS 8.1. This Contract may be amended or modified only by mutual written agreement of the parties. 8.2. 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. 8.3. 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. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1. 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. 9.2. 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. 9.3. 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 Critchfield Mechanical, Inc. of Southern California Page 4 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. 9.4. 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. 9.5. 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. 9.6. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7. 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. 9.8. The rights and obligations set forth in this Section shall survive the termination of this Contract. 10. 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 Wont. 11. 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 Contractor on the Project. Critchfield Mechanical, Inc. of Southern California Page 5 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator and/or designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings have been scheduled or are desired. 14. BONDING 14.1. 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 E 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 D and incorporated herein by reference. 14.2. 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. 14.3. 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. 15. 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 this Contract, 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. 16. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work Critchfield Mechanical, Inc. of Southern California Page 6 contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the Work to be performed 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 co-tenant 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. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Proposal attached as Exhibit B. 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. 19. OWNERSHIP OF DOCUMENTS 19.1. Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Contract, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. Critchfield Mechanical, Inc. of Southern California Page 7 19.2. Documents, including drawings and specifications, prepared by Contractor pursuant to this Contract, are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Contract by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 20. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Contract and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. CONFLICTS OF INTEREST 22.1. Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 22.2. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. Critchfield Mechanical, Inc. of Southern California Page 8 23. NOTICES 23.1. All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor 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. 23.2. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 23.3. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Christopher Martin Critchfield Mechanical, Inc. of Southern California 1821 McGaw Avenue Imine, CA 92614 24. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract, except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 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 (Govt. Code §§ 900 et seq.). 25. TERMINATION 25.1. 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 Critchfield Mechanical, Inc. of Southern California Page 9 non-defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 25.2. 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. 26. 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 as defined by the Contract Documents, 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. 27. STANDARD PROVISIONS 27.1. Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 27.2. 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 and City. 27.3. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 27.4. 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. 27.5. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 27.6. 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 Critchfield Mechanical, Inc. of Southern California Page 10 against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 27.7. 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. 27.8. 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. 27.9. 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. 27.10. 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. 27.11. No Attorney's Fees. In the event of any dispute or legal action arising under this Contractor, the prevailing party shall not be entitled to attorneys' fees. 27.12. 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 and the same instrument. [SIGNATURES ON NEXT PAGE] Critchfield Mechanical, Inc. of Southern California Page 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RN Y'S OFFICE Date: if By: 5RVVL-,— Aaron C. Harp (Ani 0001V City Attorney ATTEST: Date.- q, M K City Clerk CITY OF NEWPORT BEACH, a California m4nicipal corporation Date: 6 S -L David A. Webb Public Works Director CONTRACTOR: Critchfield Mechanical, Inc. of Southern California, a California corporation/ Date: rlman President Date: 15 -t&IW/S' Michael Willems Vice President / Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Request for Proposals/Bids Exhibit B — Proposal Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Critchfield Mechanical, Inc. of Southern California Page 12 EXHIBIT A REQUEST FOR PROPOSALS/BIDS Critchfield Mechanical, Inc. of Southern California Page A-1 Date: May 13, 2015 ��,E.wPoRT To: Interested Contractors o � n u r From: Fong Tse, Assistant City Engineer e. C'"CIFOlt Subject: Request For Proposals to Design-Build Newport Public Works Beach Central Library Areaway Exhaust Fan Department The existing Areaway (equipment room) for the Newport Beach Central Library Expansion Section is inadequately ventilated on warm days. As a result, the HVAC equipment warm exhaust get recirculated in that space as the supply air for the same equipment. The lack of cool supply air eventually caused the equipment to malfunction and shut down the air conditioning system for the occupied spaces inside the Library. The City of Newport Beach therefore desires to enter into a design-build contract with a California C-20 licensed HVAC contractor to design, furnish, and install the necessary equipment and systems for one or more exhaust fan(s) to discharge the warm air accumulated inside the Areaway to the building exterior so as to allow the equipment in that space to function properly. The Proposal, at a minimum, shall include the following: 1. A narrative and explanation of the proposed scope of work. 2. Detailed MEP line diagrams and sketches for City inspection. 3. A listing of all proposed equipment including Makes and Models. 4. Indicate the probable project schedule once the Proposal has been accepted by the City. The Proposal shall have included the costs of all tools, equipment, parts, materials, and labor (controls, electrical, finishing, mechanical, plumbing, etc.) needed to furnish, install, test, and complete the improvements, in place, and functional. Proposals are due to Mr. Rick Scott of the City of Newport Beach Municipal Operations Department no later than 4:OOPM on June 8, 2015 via hard copy delivery or email to rscott( newoortbeachca.gov. Questions may be directed to Mr. Rick Scott at 949-644-3067. EXHIBIT B PROPOSAL Critchfield Mechanical, Inc. of Southern California Page B-1 cm m Page 11 July 1,2015 Mr.Fong Tse City of Newport Beach 1100 Avocado Avenue Newport Beach, CA 92660 Subject: Newport Beach Library Areaway Exhaust Shaft Ventilation Dear Mr.Tse, Per our discussion and job walk Critchfield Mechanical Incorporated of Southern California has reviewed the RFP outline for the Library Areaway Exhaust requirements and offers the following solution to those needs. Our proposal is based on utilizing a supplemental exhaust fan system to mechanically ventilate the Exhaust Areaway room On grade that is being used for the new VRF compressors. Our review of the equipment heat load being generated by the VRF compressors and evaluation of the relief air from the existing AHU's in the basement of the library was used to size the proposed equipment. The system we are proposing utilizes a Cook model 42XLWH,heavy duty low pressure wall mount exhaust fan. It will require a 208v/ 1 ph circuit be provided from the existing electrical panels in the basement electrical room. This system will also be provided with one (1) —wall mounted line voltage thermostat to control the on/off function of the fan.The thermostat will be placed in the ground level mechanical room at the top of the exhaust areaway adjacent to new wall mounted fan.The fan will be mounted on the interior of the louver. Additionally we will remove the insect screening on the inside of the louver and replace it with '/<"wire mesh screen.This will improve the air flow through the louver. This solution will provide sufficient supplemental ventilation to remove the beat generated by the new CON- RI, R2, and R3 compressors along with the existing AHU and Exhaust systems that discharge through this areaway.This solution will require CMISC forces and an electrician to provide the necessary 208v power to the new fan location.We anticipate this work taking 2 weeks from receipt of the fan. We are also providing an add alternate to duct the exhaust from the Fan housing to the top of the shaft in the event that the heat is not being adequately removed. The cost for this work is $25,380 Add for engineering stamped drawings $ 2,500 Alternate Add for EF duct work S 5,500 Clarifications and Exceptions: • All pricing is based the HVAC Scope only unless otherwise stipulated. • This pricing is based on straight time hours during a normal shift. • Permit and plan check not included. Sincerely, Critchfield Mechanical Inc.of Southern California Christopher C.Martin Sr.Project Manager cc: Michael H.Pearlman—CMISC HAMMRAL PROPOSAL INFO\NM,o 8rach-L3nry Amway Exhaan DB\PropomNNBCC Libwy Exhaus[Shwa WwA1.don6.17-2015.dac Criwh6eld Mechanical Inc.of South m Califomia• 1821 Me Gaw Aw*1"ine,Cali[0miu 92614 949-390-2900•Fax 949-390-2933'www.cmihvacxom COOK SpecificationsDimensions XLWH / XMWH Wall Fan,Heavy Duty,Low or Medium Pressure,Steel Propeller,Belt Drive • Description:Fan shall be a wall mounted,belt driven,steel propeller exhaust fan. • Certifications:Fan shall be manufactured at an ISO 9001 certified facility Fan shall be listed by Underwriters Laboratories(UL 705)and UL listed for Canada(CUL 705).Fan shall bear the AMCA Certified Ratings Seal for Sound and Air Performance. • Construction:The fen shall be of bolted and welded Construction utilizing corrosion resistant fasteners.The motor,bearings and drives shall be mounted on a tubular steel power assembly.The power assembly shall be bolted to a minimum 14 gauge wall panel with continuously welded comers and an integral venturi.Unit shall bear an engraved aluminum nameplate.Nameplate shall indicate design CFM,static pressure and maximum fan RPM.Unit shall be shipped in ISTA Certified Transit Tested Packaging. ` Coating:All steel fan components shall be Lorenized-with an electrostatically applied,baked polyester powder coating.Each component shall be subject to a LOREN COOK COMPANY five stage environmentally friendly wash system,followed by a 1.5 to 2.5 mil thick cerll0es that the XLWH/XMWH baked powder finish.Paint must exceed 1,000 hour salt spray under ASTM 6117 shown retain are aceruad test method. Jeppe b bear the AMCA Sent.The mengs shown am based a, • Propeller:Propeller shall be a high-efficiency fabricated steel design with blades tests and proadums performed securely fastened to a minimum 7 gauge hub.The hub shall be keyed and locked in eueraan21 w;ndAMA to the fan shaft utilizing two setscrews.Propeller shall be balanced in accordance Publication 211 and AMCA Publication 371 erM eamplywiN with AMCA Standard 204-05,Balance Quality and Vibration Levels for Fans. the ra lummentsof the AMCA Motor.Motor shall be NEMA Design B with Class B insulation rated for Cerbaed Ratings Pmgrom. continuous duty and furnished at the specified voltage,phase and enclosure. Modals XLWH IXMWH are Bearings:Bearings shall be designed and individually tested specifically for use UL and CU d 706 listlandarding (h a 706 in air handling applications.Construction shall be hes du re reasable ball a ll$ Ven Cltor)wh when 9 PP duty g Vontilaaq wren rurnisnea wan type in a cast iron pillowblock housing selected for a minimum L50 life in excess ono y suPPl.ad motor. of 200,000 hours at maximum cataloged operating speed. • Belts and Drives:Belts shall be oil and heat resistant,static conducting.Drives shall be precision machined cast iron type,keyed and securely attached to the wheel and motor shafts.Drives shall be sized for 150%of the installed motor horsepower.The variable pitch motor drive must be factory set to the specified fan RPM. • Product:Fan shall be type XLWH/XMWH as manufactured by LOREN COOK COMPANY of Springfield,Missouri. Also available in a supply models:XLWH-S/XMWHS. Dimensions Cinches) Wall Shipping Size A B C D E opening• waighl (pounds) 20 243716 19.1116 6-618 23.318 1 2 24-7116 136 24 30.3718 19.1116 6-516 273!8 3 30-7116 146 30 363716 19-1/16 6-314 33-316 3 36-7116 171 36 423116 19.1!16 7-114 393/6 3 42-7136 208 —j+ 42 483!16 2!111/16 8-1116 46.3!8 3 4&7116 272 46 54-3116 2&5116 8.1116 52-38 3 64-7/16 344 54 603116 26.5116 9 56318 3 60-7115 419 60 I66.3/18 265116 9 84-3x8 3 1 66-7116 1 462 Weight leas molar.*see accessories for waa openii Intake ac velocities should be IWted m 500 FPM to avoid Ingress of airbome Water. Exhaust B Supply B j Sq.—`i [—Max. r—Sq. ex. A(r A(r Flow Flow o p14 1_ o D Rotation '4-E Rotation v"A•7.LorenCook.com 10 PW Catalnq � Leen fbdecanpanrcerabsuWPr COOK nw!°I Ycm hwNibomueA mhesr m.arwcRsui.ma remv..�a w . rotes�anbm mW pn>ceRan .1§pada mdb eaemdan°sasnaaxA 31waMCAPrwm a ervgwawaeeb YOeACatPAad aeMpe Propwr. XLWH Perfornnance Catalog Fan Power Motor OVEL TSPD TEMP ELEV `Drive Loss Number CFM SP RPM HP HP (fpm) (fpm) SE (°F) (Fq Included 42nWH 17500 1 .650 1 694 4.99 5 1755 7721 38% 70 150 6% Sound Data 8 Octave Bands 10 42 Watts E1 2 3 4 6 6 7 8 LwA dBA SONES 95 100 107 92 86 82 79 78 100 86 1 57 PeRameare wnmed IewrlNbAalbnfypaA fret wrl treewaleL Poavramp(aNPlkWldwswl bdude vawed<dan bcw.PaPpmenw Wbpr°°na YWude Pia ecetleM4pWe�m(ooaewew}'me m°W AMDAWwnm°badtuerinseb forWrAdaannet 5e beIaMapMdmitree Pel°dadatdpat M1CA Slmedaid 3a1:Vents elvxl aw far Un1e0e3alt Welt Rea bIN MwbpRulwl some bwla 71r M1CA occessaW eh affandfarteadidamenw Gblmbeenrtnmflpafx3WAMCA.appat kdIs of BawRwbs,de not hriled b iha nlmad d W.The madmM PeRamrroe b IrIM9rJ1 Awned hul b pweldad b Nd b aatattlen wld app(kBOaM of 3m pwdq. eslnwtata Woodl N OWLwLwKnwid�Redends wRmdf°10p13Jwapermndebd pfp MMOnddrd3P1.Yd 1 CFM tis SP pwrrferobfatraftssh nho Rae 6dc a outlet AMCAdpnptNda°s We aArY afdudawlnewdlptlMAwndgMad saved taWpa aM1oemMraMm ukulabd pxphirgafrbwdaw. CFM tlS HP ROUP SewSWIMt boo HIrsnlrafts bteOW afdflbaeaMtpMdwl RaaMnATMk9wlGetlfled _ RaWpa fled eppllea to Rea elrewr eetbpe miy.exJnv.Pend,lwlaMd80.lawfsw Ma`ACRwem3rrlAwnw6 g7BtefR Curve -- obL hone StwfM source 6 R•M3ldtPMa 97P Point of operation O 1.50 1.20 Hz(694 PM) 0.90 ( B M) SP / I I (Inwc) 0.60 45 / / 5 HI 35 H NM= / 0.30 / 90 i ao9 — 0 7000 14000 21900 25aa0 95000 Volume(CFM) aPad4P COOK XLWH 42XLWH Heavy Duty Low-Pressure Wall Exhaust Fan Sted elt Drive B r1 �Af�ptow A "Rotetton D Sq. s L % Ire. Im II Dimensions are in inches. A Sq. 48-3M6 B 20-11116 C 84116 D 46-318 E 3 Wall Opening` 48-7116 _i Dig �S�y1.Qh2i R met I i �g�F � g"yf'FwG r 1 i SUR CT ,.. JOB NO. '- �-1-- ZAa .4 S '�✓i1ii. JOB NAME 5if'P CALC BY CM CRITCHFMDAUCHANICAL,INC, DATE S OF SOUTHERN CALIFORNIA I821MCOAWAVENU4MVINE,CA92614 SHEET 9491390.2908 OFFICE 949/390.2933FA% NUMBER EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by 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 Critchfield Mechanical, Inc. of Southern California 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. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of Contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees 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 Critchfield Mechanical, Inc. of Southern California Page C-2 nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. 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 all 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 C 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 Critchfield Mechanical, Inc. of Southern California Page C-3 other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self-Insured Retentions. Contractor agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self-insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 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. I. 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 insur4ance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these Critchfield Mechanical, Inc. of Southern California Page C-4 specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Critchfield Mechanical, Inc. of Southern California Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. ' Date Received: 9/4/15 Dept./Contact Received From: Raymund Date Completed: 9/4/15 Sent to: Raymund By: Chris/Alicia Company/Person required to have certificate: Critchfield Mechanical Inc.of Southern California Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 12/1/14-12/01/15 A. INSURANCE COMPANY: Old Republic General Insurance Corp. B. AM BEST RATING (A- : VII or greater): A:IX C. ADMITTED Company(Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS (Must be$1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS(Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT(completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE(The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY& NON-CONTRIBUTORY WORDING (Must be included): Is it included? E Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include"solely by negligence'wording? ❑Yes N No K. ELECTED SCMAF COVERAGE(RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II, AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 12/1/14-12/01/15 A. INSURANCE COMPANY: Old Republic General Insurance Corp. B. AM BEST RATING (A- :VII or greater) A:IX C. ADMITTED COMPANY(Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS- If Employees(Must be$1M min. BI &PD and$500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E, LIMITS Waiver of Auto Insurance/Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY&NON-CONTRIBUTORY WORDING (For Waste Haulers only): E N/A ❑ Yes ❑ No G. HIRED AND NON-OWNED AUTO ONLY: ❑ N/A E Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No III. WORKERS'COMPENSATION EFFECTIVE/EXPIRATION DATE: 12/1114-12/01115 A. INSURANCE COMPANY: Old Republic General Insurance Corp. B. AM BEST RATING(A-:VII or greater): A:IX C. ADMITTED Company(Must be California Admitted): ®Yes ❑ No D. WORKERS'COMPENSATION LIMIT: Statutory ®Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT(Must be$1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ®Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑Yes ❑ No V POLLUTION LIABILITY ® N/A ❑Yes ❑ No V BUILDERS RISK ❑ N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO,WHICH ITEMS NEED TO BE COMPLETED? Approved: 9/4/15 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non-admitted carrier rated less than Self Insured Retention or Deductible greater than$ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. EXHIBIT D CITY OF NEWPORT BEACH BOND NO. 070021024 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Critchfield Mechanical, Inc. of Southern California hereinafter designated as the "Principal," a contract for the Improvement of the Central Library Areaway Exhaust Fan located at Central Library, 1000 Avocado Avenue, 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, Liberty Mutual 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 Thirty Three Thousand Three Hundred Eighty Dollars and 00/100 ($33,380.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Critchfield Mechanical, Inc. of Southern California Page D-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26th day of August , 2015 . Critchfield Mechanical, Inc. of Southern California vros'l Name of Contractor (Principal) 4u Wized Signature/Title Liberty Mutual Insurance Company Name of Surety Autho ' ed Agent Signature 1340 Treat Blvd., Walnut Creek, CA 94597 Address of Surety 925.979.6708 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE DaterII it By.- Aaron-C. y:AaronC. Harp aM oc%101- s City Attorney Janet C. Rojo, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Critchfield Mechanical, Inc. of Southern California Page D-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 }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be th is/are subscribed to the within instrument and acknowledged to the same in his/her/their authorized capacity(ies), and that by s/t instrument the person(s), or the entity upon behalf of which e p� instrument. I certify under PENALTY OF PERJURY under the aws foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature KNCEDGMENT A notary public or other offi errothe leting this certificate verifies only the id(tit individual who signed the document twhiertificate is attached, and not the t t, fulness, accuracy, or validity of that document. State of California County of On SS. 20 before me, Voerson(s) whose name(s) e that he/she/they executed er/their signatures(s) on the pon(s) acted, executed the State of California that the (seal) Notary Pu/Miethe sonally appeared proved to basis of satisfactory evidence to be the person(s) whose names) is/are subscribed within instrument and acknowledged to me that he/she/they executed the same in heir authorized capacity(ies), and that by his/her/their signatures(s) on the instrumentson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Critchfield Mechanical, Inc. of Southern California Page D-3 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 San Francisco On August 26, 2015 before me, Betty L. Tolentino, Notary Public Date Here Insert Name and Title of the Officer personally appeared Janet C. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. iJ s Pl Y L. 'I"OLENTINO �i COMM. #F2012423 0 �4OTARYYY PUBLIC -CALIFORNIA 0 SAN FRANCISCO COUNTY o' My Wmm. Expires Apr. 12, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature V Si a re of Notary Public Place Notary Seal Above OPTIONAL Though this section is 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, Certificate No. 7049259 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuanttoand by authority herein set forth, does hereby name, constitute and appoint, Betty L. Tolentino; Brian F. Cooper; Janet C. Rolo; K Zerounian; Kevin Re; M. Moody; Maureen O'Connell; R.A Bass; Robert Wrixon; Susan Hecker; Virginia L. Black all of the city of San Francisco , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of July _ 2015 N0 CAS A,? INst, 0NSu z N lNsua,, American Fire and Casualty Company Gy<� yJPP�°Qa�r�92 `J �' The Ohio Casualty Insurance Company z 1906 0 0 1919 1912 1991 ° Liberty Mutual Insurance Company aa o 3 West American Insurance Company ��Gy""t3n,tnN *�aa _k By: ��J=snc�;i��`� �r '•':uiaN? < + 1 * * * By: STATE OF PENNSYLVANIA ss David M. Care ; Assistant Secretary COUNTY OF MONTGOMERY On this 7th day of July , 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. �yP PASr, COMMONWEALTH OF PENNSYLVANIA Q �eaoNWey C� Notarial Seal U r•� � �^-� v Teresa Pastella, Notary Public By: OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public 3 My Commission Expires March 28, 2017 yNSriVP�vG Member, Pennsylvania Association of Notaries �qay Pv0 This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company; acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company; Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26 th day of August _20 15 PTSD CASU �SY INSU WSU/r NINSU,q ��npnr�92�woryrF a 1906 0 1919 > 19121491 By: Gregory W. Davenport, Assistant Secretary O e- ��<ybQ. 448 of 800 12873 122013 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 Orange On 08/27/2015 Date personally appeared before me, Elizabeth Juarez, Notary Public Here Insert Name and Title of the Officer Michael H. Pearlman Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/rGr;thcir authorized capacity(es), and that by his/111Gr/-1hcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(,) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. srsr WITNESS my hand and official seal. ELIZABETH JUAREZ� ' ' g Commission # 2113908 i�,yw;�_ `� . a ��;:m �'' Notary Public -California i Z "" /� Orange County a Signature M Comm. Expires Jun 30, 2019 gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I I Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact F1 Trustee ❑ Guardian or Conservator I _ I Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. 070021024 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 421.00 , being at the rate of $ 12.60 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Critchfield Mechanical, Inc. of Southern California hereinafter designated as the "Principal," a contract for the Improvement of the Central Library Areaway Exhaust Fan located at Central Library, 1000 Avocado Avenue 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 Liberty Mutual 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 Thirty Three Thousand Three Hundred Eighty Dollars and 00/100 ($33,380.00) 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 the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Critchfield Mechanical, Inc. of Southern California Page E-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of Au gC , 2015 Critchfield Mechanical, Inc. of Southern California Z2eid er1T Name of Contractor (Principal) kurized Signature/Ti Liberty Mutual Insurance Company Name of Surety 1340 Treat Blvd., Walnut Creek, CA 94597 Address of Surety 925.979.6708 Telephone APPROVED AS TO FORM: CITY AT RN Y'S OFFICE Date: By:.. Aaron C. Harp CAM oalorlfr City Attorney Aut 'zedAgent Signature Janet C. Rojo, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Critchfield Mechanical, Inc, of Southern California Page E-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 ss On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence be the person(s) whose name(s) is/are subscribed to the within instrument and acknowle ged to me t the/she/they executed the same in his/her/their authorized capacity(ies), and at by his/her/0% signatures(s) on the instrument the person(s), or the entity upon behalf which the per s) acted, executed the instrument, �, I certify under PENALTY OF PERJURY un r the Iawt( the State of California that the foregoing paragraph is true and correct. �v WITNESS my hand and official seal. CY Signature al' ACKNOWLEDGMENT A notary public or oth r officer completing this certificate verifies only e identity of the individual who signed the doXe nt to which this certificate is attached, and notruthfulness, accuracy, or validity of that docu State of Californ County of On 10M 20 before me, (seal) NotaRent. ersonally appeared proven the basis of satisfactory evidence to be the person(s) whose name(s) is/are subsche within instrument and acknowledged to me that he/she/they executed the same/their authorized capacity(ies), and that by his/her/their signatures(s) on the instruerson(s), or the entity upon behalf of which the person(s) acted, executed the instru 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Critchfield Mechanical, Inc. of Southern California Page E-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 91 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 San Francisco On August 26, 2015 before me, Date personally appeared Janet C. Ro L. Tolentino, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand d official seal. 3�"C71P L. TOLENTINO �p o ' , COMM. #k2012423 'D C/ t% Signature NOTARY PUBLIC-cAuFORNIA ® SAN FRANCISCO COUNTY Signo of Notary Public V� MY CMM IExpites Apr, 12, 2017 Place Notary Seal Above OPTIONAL Though this section is 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F-1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7049260 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuanttoand by authority herein set forth, does hereby name, constitute and appoint, Betty L. Tolentino; Brian F. Cooper; Janet C. Roto; K. Zerounian• Kevin Re• M. Moody` Maureen O'Connell; R.A Bass; Robert Wrixon• Susan Hecker; Virginia L. Black all of the city of San Francisco , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds; recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of July 2015 American Fire and Casualty Company 4F.PNav° Fql� ve P'j�N I (�g20 The Ohio Casualty Insurance Company 1906 0 0 1919 1912 ° 1991 ° Liberty Mutual Insurance Company West American In Company * * By. L. STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY On this 7th day of July 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. gP PAST COMMONWEALTH OF PENNSYLVANIA �' N,ON We Ir Notarial Seal U \ C, �2 v Teresa Pastella, Notary Public By: OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public v My Commission Expires March 28, 2017 y�Ngy�VPa -{, Member, Pennsylvania Association of Notaries qft Pv9 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company; Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2 6 th day of August 2015 PPI0 CA,5. �Ai INStl 1NSbf NMSbq a c 1906 0 1919 1912 ¢ 1991 By: J b O 5 v ru Gregory W. Davenport, Assistant Secretary 449 of 800 122013 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 Orange On 08/27/2015 Date personally appeared before me, Elizabeth Juarez, Notary Public Here Insert Name and Title of the Officer Michael H. Pearlman Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(,) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hal/their authorized capacity( ;s), and that by his/111or;4,41-2ir 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. ELIZABETH JUAREI ,...', Commission # 2113908 t V c .:a Notary Public - California z y � Signature Orange County ignature of Notary ublic My Comm. Expires Jun 30, 2019 Place Notary Seal Above OPTIONAL Though this section is 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: Number of Pages: 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 1-1 Guardian or Conservator I I Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I I Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907