HomeMy WebLinkAboutC-6212 - M/RSA for Citywide Streetlight Maintenance and As-Needed RepairsFul
N AMENDMENT NO. THREE TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
VWITH INTERNATIONAL LINE BUILDERS, INC. FOR
CITYWIDE STREETLIGHT MAINTENANCE AND AS -NEEDED REPAIRS
THIS AMENDMENT NO. THREE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. Three") is made and entered into as of this 17th day of
October, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and INTERNATIONAL LINE
BUILDERS, INC., a Delaware corporation ("Contractor'), whose address is Delaware
corporation, and is made with reference to the following:
RECITALS
A. On July 14, 2015, City and Contractor entered into a Maintenance/Repair Services
Agreement ("Agreement') to engage Contractor to perform maintenance and/or
repair services for City ("Project').
B. On January 22, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to increase the total compensation as a result
of an unanticipated increase in the volume of Services or Work, and to update
terms regarding Independent Contractors, Prevailing Wages, Claims, and to
update Insurance Requirements.
C. On April 5, 2019, City and Contractor entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to increase the total compensation as a result
of an unanticipated increase in the volume of Services or Work.
D. The parties desire to enter into this Amendment No. Three to increase the total
compensation as a result of an unanticipated increase in the volume of Services
or Work.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following:
"City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise
provided herein, no rate changes shall be made during the term of this Agreement without
the prior written approval of City. Contractor's compensation for all Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed One
Million Five Hundred Seventy Thousand Four Hundred Twenty Five Dollars and
00/100 ($1,570,425.00), without prior written amendment to the Agreement."
INTERNATIONAL LINE BUILDERS, INC. Page 1
The total amended compensation reflects Contractor's additional compensation for
Services to be performed in accordance with this Amendment No. Three, including all
reimbursable items and subcontractor fees, in an amount not to exceed Seventeen
Thousand Dollars and 001100 ($17,000.00).
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
INTERNATIONAL LINE BUILDERS, INC. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: '6 . iN • r 9
By: J84 n 4
aron C. Harp
City Attorney
ATTEST:
Date: A
By: A ✓
Leilani I. Bro
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 6ti/1,_( M
By:
Gr <. Leung
C" anager
CONTRACTOR: INTERNATIONAL LINE
BUILDERS, INC., a California corporation
Date: /19 .31.19
By:*44 C✓/
Mike Bass
President
Date:
By:�l 0--
Brad Hulquist
Treasurer
[END OF SIGNATURES]
INTERNATIONAL LINE BUILDERS, INC. Page 3
N
AMENDMENT NO. TWO TO
o_J MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH INTERNATIONAL LINE BUILDERS, INC. FOR
V CITYWIDE STREETLIGHT MAINTENANCE AND AS -NEEDED REPAIRS
THIS AMENDMENT NO. TWO TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 5th day of
April, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and INTERNATIONAL LINE
BUILDERS, INC., a Delaware corporation ("Contractor"), whose address is 2520
Rubidoux Boulevard, Riverside, California 92509, and is made with reference to the
following:
RECITALS
A. On July 14, 2015, City and Contractor entered into a Maintenance/Repair Services
Agreement ("Agreement") to engage Contractor to perform maintenance and/or
repair services for City ("Project").
B. On January 22, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to increase the total compensation as a result
of an unanticipated increase in the volume of Services or Work, and to update
terms regarding Independent Contractors, Prevailing Wages, Claims, and to
update Insurance Requirements.
C. The parties desire to enter into this Amendment No. Two to increase the total
compensation as a result of an unanticipated increase in the volume of Services
or Work.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following:
"City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise
provided herein, no rate changes shall be made during the term Agreement without the
prior written approval of City. Contractor's compensation for all Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed One
Million Five Hundred Fifty Three Thousand Four Hundred Twenty Five Dollars and
00/100 ($1,553,425.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
Services to be performed in accordance with this Amendment No. Two, including all
reimbursable items and subcontractor fees, in an amount not to exceed Seventy Five
Thousand Dollars and 00/100 ($75,000.00).
INTERNATIONAL LINE BUILDERS, INC. Page 1
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
INTERNATIONAL LINE BUILDERS, INC. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Lfi
Aon C. Harp
City Attorney
ATTEST:
Date:
r
By: j
AL
Le ani I. w
Bron
City Clerk
CITY OF NEWPORT BEACH,
a California mnicipal corporation
Date: q -2q_/1
By:
Jag Leung
Cer
CONTRACTOR: INTERNATIONAL LINE
BUILDERS, INC., a Delaware corporation
By:
M e Bass
President
Date: 411111
By: '6� -�-
Brad Hulquist
Treasurer
[END OF SIGNATURES]
INTERNATIONAL LINE BUILDERS, INC. Page 3
AMENDMENT NO. ONE TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH INTERNATIONAL LINE BUILDERS, INC. FOR
CITYWIDE STREETLIGHT MAINTENANCE AND AS -NEEDED REPAIRS
THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 22nd day of
January, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and INTERNATIONAL LINE
BUILDERS, INC., a Delaware corporation ("Contractor"), whose address is 2520
Rubidoux Boulevard, Riverside, California 92509, and is made with reference to the
following:
RECITALS
A. On July 14, 2015, City and Contractor entered into a Professional Services
Agreement ("Agreement") to engage Contractor to perform maintenance and/or
repair services for City ("Project").
B. The parties desire to enter into this Amendment No. One to increase the total
compensation as a result of an unanticipated increase in the volume of Services
or Work, and to update terms regarding Independent Contractors, Prevailing
Wages, Claims, and to update Insurance Requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following:
"City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated
herein by reference. Except as otherwise provided herein, no rate changes
shall be made during the term of this Agreement without the prior written
approval of City. Contractor's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and
subcontractor fees, shall not exceed One Million Four Hundred Seventy
Eight Thousand Four Hundred Twenty Five Dollars and 00/100
($1,478,425.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
Services to be performed in accordance with this Amendment No. One, including all
reimbursable items and subcontractor fees, in an amount not to exceed One Hundred
Twenty Five Thousand Dollars and 00/100 ($125,000.00).
2. INDEPENDENT CONTRACTOR
Section 10 of the Agreement shall be supplemented to include the following
paragraph as Section 10.2:
"10.2 Contractor agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement shall: work full-time for more
than six (6) months; work regular part-time service of at least an average of
twenty (20) hours per week for one year or longer; work nine hundred sixty
(960) hours in any fiscal year; or already be a CaIPERS member."
3. PREVAILING WAGES
Section 16 of the Agreement shall be supplemented to include the following
paragraph as Section 16.2:
"16.2 Unless otherwise exempt by law, Contractor warrants that no
contractor or subcontractor was listed on the bid proposal for the Services
that it is not currently registered and qualified to perform public work.
Contractor further warrants that it is currently registered and qualified to
perform "public work" pursuant to California Labor Code section 1725.5 or
any successor statute thereto and that no contractor or subcontractor will
engage in the performance of the Services unless currently registered and
qualified to perform public work."
4. CLAIMS
Section 26 of the Agreement shall be supplemented to include the following
paragraph as Section 26.2:
"26.2 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/Consultant 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.)."
5. INSURANCE REQUIREMENTS
Exhibit C to the Agreement, "Insurance Requirements," is supplemented to include
the following paragraph as Section 3(D):
"D. Umbrella or Excess Liability Insurance. Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits of not
less than one million dollars ($1,000,000) that will provide bodily injury,
INTERNATIONAL LINE BUILDERS, INC. Page 2
personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above. Such policy or policies shall include
the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that
any primary insurance limits are exhausted by paid claims;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies."
6. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
INTERNATIONAL LINE BUILDERS, INC. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: Date: Z
By: By:
ron C. Harp (AA �i�i`F Diane B. Dixon
Y
City Attorney Mayor
ATTEST: / �r CONTRACTOR: INTERNATIONAL LINE
Date: BUILDERS, NC., a Delaware corporation
Date:
By: By.
Leilani I. Brown Mike Bass
City Clerk President
Date: 1 2A1 Iiq
By: Q
Brad Hulquist
Treasurer
[END OF SIGNATURES]
INTERNATIONAL LINE BUILDERS, INC. Page 4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 1/23/19 Dept./Contact Received From
Date Completed: 1/31/19 Sent to:
Company/Person required to have certificate:
Type of contract:
Joan
Joan By: Jan
International Line Builders
Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/1/19 — 1/1/20
A.
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XV
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
C.
ADMITTED Company (Must be California Admitted):
B.
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$2M/$4M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
Is Company admitted in California?
include): Is it included? (completed Operations status does
❑ No
D.
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
COMPLETED OPERATIONS ENDORSEMENT (completed
E
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
(What is limits provided?)
N/A
its officers, officials, employees and volunteers): Is it
F.
included?
N Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
included): Is it included?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
HIRED AND NON -OWNED AUTO ONLY:
N N/A
is not limited solely by their negligence) Does endorsement
❑ No
I.
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: 1/1/19 — 1/1/20
A.
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater) A / XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes
❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$2,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
N Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
N Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
N N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A
N Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/19-1/1/20
A. INSURANCE COMPANY: Liberty Insurance Corporation
B. AM BEST RATING (A--. VII or greater): A / XV
C. ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D. WORKERS' COMPENSATION LIMIT: -Statutory
® Yes
❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
VI BUILDERS RISK
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
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
* Subject to the terms of the contract.
Date
coo
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH INTERNATIONAL LINE BUILDERS, INC. FOR
CITYWIDE STREETLIGHT MAINTENANCE AND AS -NEEDED REPAIRS
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 14th day of July, 2015 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and INTERNATIONAL LINE BUILDERS, INC., a Delaware
corporation ("Contractor"), whose address is 2520 Rubidoux Boulevard, Riverside,
California 92509, 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 perform maintenance and/or repair services
for City ("Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on July 31, 2020, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work"). As a material inducement to City entering into this Agreement,
Contractor represents and warrants that Contractor is a provider of first class work and
Contractor is experienced in performing the Work contemplated herein and, in light of
such status and experience, Contractor covenants that it shall follow the highest
industry standards in performing the Work required hereunder and that all materials will
be of good quality. For purposes of this Agreement, the phrase "highest industry
standards" shall mean those standards of practice recognized by one or more first-class
firms performing similar work under similar circumstances.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand -delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except
as otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable
items, shall not exceed One Million Three Hundred Fifty Three Thousand Four
Hundred Twenty Five Dollars and 00/100 ($1,353,425.00), without prior written
amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each
anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B
("Billing Rates') shall be adjusted in proportion to changes in the Consumer Price Index,
subject to the maximum adjustment set forth below. Such adjustment shall be made by
International Line Builders, Inc. Page 2
multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the
value of the Consumer Price Index for the calendar month three (3) months preceding
the calendar month for which such adjustment is to be made, and the denominator of
which is the value of the Consumer Price Index for the same calendar month
immediately prior to Effective Date. The Consumer Price Index to be used in such
calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban
Consumers (CPI -U)", for the Los Angeles -Riverside -Orange County Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics. If both
an official index and one or more unofficial indices are published, the official index shall
be used. If said Consumer Price Index is no longer published at the adjustment date, it
shall be constructed by conversion tables included in such new index. In no event,
however, shall the amount payable under this Agreement be reduced below the Billing
Rates in effect immediately preceding such adjustment. The maximum adjustment
increase to the Billing Rates, for any year where an adjustment is made pursuant to this
Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in
effect immediately preceding such adjustment, whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 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 Agreement term. Contractor has designated Kevin Nelsen to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
International Line Builders, Inc. Page 3
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Utilities Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services 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 Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
8.3 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
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 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.
International Line Builders, Inc. Page 4
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof 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 Services 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 City Council, boards and commissions, officers, agents,
volunteers, and employees (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
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or 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 Agreement. 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 Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
International Line Builders, Inc. Page 5
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee 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 expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. 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
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work 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 Services.
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.
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 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.
14. 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 Agreement or for other periods as specified in this Agreement, 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.
International Line Builders, Inc. Page 6
15. BONDING
15.1 Contractor shall obtain, provide, and maintain annually at its own expense
during the term of this Agreement: a Labor and Materials Payment Bond in the amount
of one hundred percent (100%) of the total amount paid by Contractor as set forth in this
Agreement and in the form attached hereto as Exhibit D which is incorporated herein by
this reference.
15.2 The Labor and Materials Payment 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.
15.3 Contractor shall deliver, concurrently with execution of this Agreement, the
Labor and Materials Payment Bond, 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.
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
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.
International Line Builders, Inc. Page 7
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint -venture or syndicate or cotenancy, 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 Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any 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
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
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
Agreement, 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.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
International Line Builders, Inc. Page 8
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. 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, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
22. 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 Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 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 Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 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 Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement 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.
25.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
International Line Builders, Inc. Page 9
Attn: Utilities Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Kevin Nelsen
International Line Builders, Inc.
2520 Rubidoux Blvd.
Riverside, CA 92509
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement 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 any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. 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, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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,
International Line Builders, Inc. Page 10
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
29.2 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.
29.3 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.
29.4 Integrated Contract. This Agreement 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.
International Line Builders, Inc. Page 11
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement 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 Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement 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.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 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, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement 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.
[SIGNATURES ON NEXT PAGE]
International Line Builders, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California m(��(n`icipal c Jporation
Date: it Y l'iiQti
By: B
Aaron C. Harp U,rn olldVl,r 4Edar
City Attorney Mayor
ATTEST:
Date:
By: l / lT J, ' v u r "—
Leilani I. Brown
City Clerk
CONTRACTOR: International Line
Builders, Inc., a Delaware corporation
Date -11(�
By:
Mike Bass
President
Date: V -z iS
By: � 'L
Brad Hulquist
Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Exhibit C – Insurance Requirements
Exhibit D – Labor and Materials Payment Bond
International Line Builders, Inc. Page 13
EXHIBIT
SCOPE OF SERVICES
International Line Builders, Inc. Page A-1
SCOPE OF SERVICES
DUTIES AND RESPONSIBILITIES
INTENT
o The intent of this Request for Proposal is to select and enter into a maintenance
agreement with the highest -qualified Contractor that will provide professional
streetlight maintenance and emergency and on-call supplemental repair services.
DESCRIPTION OF PROJECT
o Furnish all labor, tools, expendable equipment, materials, transportation services
necessary to perform the services outlined in this RFP described herein including,
but not limited to, the following:
• Routine maintenance services for the City's streetlights and bollards as a
result of normal operational wear and tear, including light out service
requests.
■ Repair or replacement of materials as a result of collision, mischief, and/or
acts of nature.
■ Contractor must be able to safe off any electrical hazard including high
voltage series streetlights (less than 6,000 volts).
QUALITY OF WORK AND MATERIALS
o The Contractor shall perform all Work required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all
utility and transportation services necessary for the Project, including delivery,
storage and handling of products.
o All material and equipment furnished by the Contractor shall be high grade, and
free from defects and imperfections, unless otherwise hereinafter specified.
Workmanship shall be in accord with the best standard practices. Both materials
and workmanship shall be subject to the approval of the Project Administrator.
o The actual cost of all materials passed on to the City shall be wholesale cost of the
material. The wholesale cost shall be the actual cost paid by the Contractor
reflecting the best price, including discounts available. Receipts shall be required for
reimbursements.
• At no time shall the cost of materials exceed retail cost from the current
price list, minus the discount rates.
• Typical costs of the streetlight poles, bulbs, ballasts, photocells, etc. to be
submitted to the City prior to approval.
o The City reserves the right to purchase materials directly and make them available to
the Contractor. In the event the City exercises the option to purchase the materials,
the following conditions will apply:
o Contractor shall conform to all City practices and procedures.
o All City purchases will be for the sole expressed use of and for the City.
o The Contractor shall secure, store, inventory, distribute and control all
materials entrusted to the Contractor's representatives.
o All materials and inventories shall be made available to the City upon
request.
o The Contractor will not include the materials cost for the specified work for
which the City provided parts.
o All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the specifications described herein. Standards and
frequencies may be modified from time to time as deemed necessary by the City
for the proper maintenance of the sites.
o If, in the judgment of the City, the quality of work is less than that specified herein,
the City shall, at its option, in addition to or in lieu of other remedies provided
herein, withhold appropriate payment from the Contractor until services are
rendered in accordance with specifications set forth within this document and
providing no other arrangements have been made between the Contractor and the
City. Failure to notify of a change and/or failure to perform an item or work on a
scheduled day may, at the City's sole discretion, result in deduction of payment for
that date, week, or month. Payment will be retained for work not performed until
such time as the work is performed to City standard.
WORKMANSHIP AND SUPERVISION
o Contractor shall designate a Project Manager to serve as the main contact for the
Contractor throughout the project. The Project Manager shall have the authority
to handle and resolve any contract disputes with the City and be experienced in
supervising streetlight maintenance.
o All work shall meet with the approval of the City's designated Project
Administrator. Any specific problem area which does not meet the conditions of
the specifications set forth herein shall be called to the attention of the
Contractor's Project Manager and if not corrected, payment to the Contractor will
not be made until condition is corrected in a satisfactory manner as set forth in the
specifications.
LICENSES
o Contractor shall maintain a C-10 Electrical contractor's license at all times for the
duration of the agreement.
RESPONSIBILITY FOR DAMAGES OR INJURY
o Any damage done by Contractor outside the area and scope of the work of the
contract shall be repaired or replaced as directed at no additional cost to the City.
o 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.
o To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (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 Agreement, any Work performed or Services
provided under this Agreement including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the
Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them).
RECORDS
-o Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement 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 Agreement. 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, data, Documents, proceedings
and activities related to the Agreement for a period of three (3) years from the date
of final payment to Contractor under this Agreement.
o City Work Order System
Upon completion of agreement, Contractor shall have access to the City's
internet based work order system.
• Contractor will be required to create, track, monitor, and complete work
orders. The work order numbers created through this system will be noted
on work completed in the invoices.
o Invoices
• Invoices from Contractor shall contain information on work completed.
• Work completed will be identified by City issued work order number, work
completed, time to complete, and, if applicable, materials installed at cost
plus markup.
WORKING HOURS
o Normal working hours shall be between the hours of 7:00 a.m. and 5:00 p.m.,
Monday through Friday. No Saturday or Sunday work is to be scheduled without
prior written permission from the City, unless it is an emergency situation.
o Night Patrols
• Contractor shall provide night patrols whereby every streetlight shall be
checked once every four months. The Contractor shall provide a written
report to the City the results of the night patrols.
• Contractor to provide a schedule of the night patrols to the Project
Administrator after the award of contract.
• Contractor shall create work orders in the City's system for all outages or
repairs found during the patrols.
CORRESPONDENCE
o All correspondence shall be addressed to Utilities Manager, Municipal Operations
Department, City of Newport Beach, and PO Box 1768, Newport Beach, California
92658-8915.
REQUIRED REPORTING
o Contractor shall utilize the City's work order system to monitor and track response
times, work completed and materials used.
o Contractor shall provide monthly activity reports to verify response times of
maintenance crews to light out calls and shall be attached with monthly invoice.
o Contractor shall report any database errors or omissions as part of the monthly
activity report.
o The monthly activity report shall detail all inspection and maintenance activities
performed by the Contractor. All maintenance work shall be initiated by the
Contractor within 48 hours of request by the City.
SAFETY REQUIREMENTS
o All work performed under this contract shall be performed in such a manner as to
provide maximum safety to the public and where applicable comply with all safety
standards required by CAL -OSHA. The City reserves the right to issue restraint or
cease and desist orders to the Contractor when unsafe or harmful acts are
observed or reported relative to the performance under this contract. All
contractor employees shall have access to a W.A.T.C.H. (Work Area Traffic Control
Handbook) at all times.
o Contractor's field personnel shall wear easily recognizable uniforms containing
Contractor's name. Contractor shall be responsible for supplying all appropriate
personal protective equipment including but not limited to safety vests, safety
shoes and reflective vests.
o Contractor shall maintain all work sites free of hazards to persons and/or property
resulting from his/her operations. Any hazardous condition noted by the
Contractor, which is not a result of his/her operations, shall be immediately
reported to the City.
o Warning signs, lights, and devices shall be installed and displayed in conformity
with "The California Manual on Uniform Traffic Devices" for use in performance of
work upon highways issued by the State of California, Department of
Transportation.
o Contractor's employees shall be trained in health and safety per CALOSHA
requirements.
TECHNICAL MAINTENANCE
DEFINITIONS
o Streetlight -- City -owned lighting poles, luminaries, and appurtenances of all types
and wattages within the public right-of-way.
o Safety light -- Designated streetlight attached to a pole in conjunction with a traffic
signal light.
o Routine Maintenance Services -- Services for the City's streetlights as a result of
normal operational wear and tear, such as, changing lights, bollards, ballasts, etc.
o Emergency Repair Services -- Repair or replacement of materials as a result of
collision, mischief, and/or acts of nature that requires immediate response from
Contractor personnel.
o On -Call Supplemental Services — Non -emergency projects, or troubleshooting
beyond basic services, that will be scheduled with the Project Administrator before
any work commences.
ROUTINE MAINTENANCE SERVICES
o Copies of maps and lists maintained by the City shall be made available to the
contractor to updated and provide a comprehensive list of all streetlights and their
locations on a semi-annual basis during the life of the contract.
o Contractor must be able to safe off any electrical hazard including high voltage
series streetlights (less than 6,000 volts).
o All outages identified by the Contractor, City, and the public shall be recorded,
repaired, and included as part of an activity report submitted to the City on a monthly
basis.
o The monthly activity report shall detail all inspection and maintenance activities
performed by the Contractor. All maintenance work shall be initiated by the
Contractor within 48 hours of request by the City.
o Contractor shall not perform any additional inspection or repair activities to safety
lights, traffic signal lights, or the poles that they are attached.
o City shall furnish a database of all identified streetlights including, but not limited to,
the following information: pole identification, location, and type.
o The City shall provide the Contractor with the updated database within thirty (30)
days of approval by the City.
o Contractor shall accept responsibility for the maintenance of the streetlight system
its "as -is" condition.
o Streetlights considered to be potentially hazardous to the public, as identified by the
Contractor during the normal inspection and maintenance process, shall be reported
to the City immediately.
o The City will stock streetlight poles at a City facility, however it is the Contractor's
responsibility to purchase the streetlight poles and maintain an adequate stock. The
City will work with the Contractorto designate what an adequate stock entails.
o Contractor shall furnish lamps, ballasts, and photocells. Replacement lamps are to be
of identical wattage, lamp type, and provide comparable illumination of the area
lighted by the lamp. Specifically, any relamping of existing LED lights are to be with
comparable LED lights.
o Contractor shall provide all materials to complete the work identified in the Scope of
Service, including but not limited to: luminaires, tools and all repair materials. These
materials will be stored at the Contractor's facility at no additional fee to the City.
• The City will only pay for cost of materials on bulbs, ballast, photocells and
poles, all other materials that are required by the Contractor to perform the
work specified shall be provided by the Contractor at no extra cost to the
City.
o Contractor shall commence repairs of early lamp burnouts or day burners within
forty-eight (48) hours of Contractor receiving notification or patrol discovery; this
replacement will include lens cleaning and interior wiping of the luminaire.
o Contractor shall respond to light out calls within two (2) business days. In most
instances, repairs will be made immediatelyto restore the light to working order.
o The Contractor shall clean components each and every time a service call is made to
the fixture under the terms of this contract. Cleaning shall consist of wiping the lens,
refractor, opal glass with a clean, soft cloth so as to remove all dirt, dust, and foreign
matter.
0 Streetlights considered potentially hazardous to the public, as identified by the
Contractor during the normal inspection and maintenance process, shall be
reported to the City immediately.
EMERGENCY REPAIR SERIVCES
o Contractor must be available for same day response, including after-hours,
weekends, and holidays.
■ After-hours refers to Monday through Thursday 5:00 pm to 7:00 am
■ Weekends begin 5:00 pm Friday to 7:00 am Monday.
When an emergency repair request is made the Contractor must respond
within one hour from initial call from the City.
■ Contractor must be able to:
Safe off any electrical hazard including high voltage series streetlights
(less than 6,000 volts).
• Set a concrete pull box with lid on any exposed wires that cannot be
contained in their original structures.
Clear any heavy, downed or leaning light pole or poles.
Clear light poles from obstructing traffic, roadways, & pedestrian
passage on sidewalks.
Set barricades and caution tape over any debris left at the scene.
• Notify the City representative at the beginning of the next work shift
reporting what has been done.
• Provide 24-hour phone number available to City emergency personnel.
• If additional problems or abnormalities exist during the response
contact the City representative immediately.
• Upon completion of the agreement a detailed inventory of all lights in
the city including location, pole type, wattage, etc. will be provided to
the contractor.
ON-CALL SUPPLEMENTAL SERVICES
o All other repairs not specifically listed in Scope of Service including, but not limited
to leaning poles and extended troubleshooting, shall be billed per the attached
Billing Rates Sheet, or individual quotes can be provided by the Contractor on each
job.
o No supplemental services shall be completed until the Contractor receives prior
approval from the Project Administrator.
o Some types of maintenance may require the crew to leave the site to obtain the
necessary materials or equipment to complete such repairs. In the event extensive
repairs are required Contractor shall inform the Project Administrator with an
estimated timeline and cost prior to any work completed; however, no longer than
fourteen (14) days after knowledge of the outage.
o Repairs requiring special factory orders shall be completed within seven (7) days
after receipt of material.
o Supplemental Proiect Administration
■ When the need for supplemental services arises, the City shall request
in writing, the necessary services required in adequate detail. Contractor
shall then provide a letter proposal for Services requested by the City
(hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall
include the following:
A detailed description of the Services to be provided;
• The estimated number of hours and cost to complete the Services; and
• The time needed to finish the specific Project.
• City will assess the Letter Proposal to ensure that services and costs
proposed are commensurate with those provided in the Contractor's
Billing Sheet. No Services shall be provided until the City has provided
written acceptance of the Letter Proposal. Once authorized to proceed,
Contractor shall diligently perform the duties in the approved Letter
Proposal.
TYPES OF POLES AND FIXTURES
Contractor must have experience maintaining and repairing various pole and fixtures
types including:
Poles
Fixtures
1212T
High Pressure Sodium (35-400 watt, 120/240 volts)
1214T
Series Mercury (100-400 watt)
1316T
Series Incandescent (2500-4000lumen)42D
42D DBL
LED (GE, Philips, Synergy)
42D OBS
QL (55 watt, 240 volt)
45D
65D
65D DBL
68D
7003 J
7003 J DBL
7004 J
7004 J DBL AMERON
AEGEAN AMERON
JSL AMERON JSL DBL
AMERON VICTORIAN
IMPERIAL
MANVILLE
PUMCO 500
SCHEDULE OF BILLING DATES
International Line Builders, Inc. Page B-1
COST FILE
Hourly Rates
The Contractor shall invoice the City on a time and materials basis. Time shall begin when the
Contractor enters Into the City limlts. Travel time between maintenance sites, mobilization, and
traffic control shall not be charged individually and included in the hourly rate. Any service charges
not Identified below must be included with the proposal on a separate sheet of paper.
Routine Maintenance'
Minimum
4
$ 230.00 /per crew
Normal Business hours
Hours
Emergency Service Rate'$
Minimum
4
23000 /per crew
.
Normal Business hours
Hours
Minimum
4
Emergency Service Ratel
$ 250.00 /per crew
After-hours & weekends
Hours
On -Call Supplemental
$ 250.00 /per crew
Minimum
4
Repair Services'
Hours
A bulk rate shall be charged three times per year (every
Night Patrol
$ 135.00 four months) for one complete City night patrol. It shall be
Invoiced following the submittal of Contractor's finding to
the City.
Materials Charge:
(No more than 10%)
1 Please Include in the proposal positions and equipment included in the hourly crew rate (e.g., one
supervisor, two electricians and a boom truck).
The pricing indicated above must be Inclusive of any applicable Prevailing Wages.
In the event additional work or repairs are requested, the above hourly rates will be used. The Contractor shall prepare a
quote of the estimated additional hours; no new work shall begin until the Contractor receives approval from the City
representative.
COST FILE
The undersigned certifies that submission of this Proposal Is made without prior understanding, arrangement agreement or connection
with any corporation, firm or person submitting a Proposal for the some services, and.is in all respects fair and without collusion of fraud.
The undersigned certifies that they hove not entered into any arrangement or agreement with any City of Newport Beach public officer. The
undersigned understands collusive practices are a violation of State and Federal law and can result In fines, prison sentences, and civil
damage awards.
Proposer Signature Date
Printed Name and Title
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
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 Agreement, 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, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident 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.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, 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. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an 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
Agreement, including coverage for any owned, hired, non -owned or rented
International Line Builders, Inc. Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
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 Agreement 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
from each of its subconsultants.
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 and its officers, officials, employees, and agents shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
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. Insurance
certificates and endorsement 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
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
International Line Builders, Inc. Page C-2
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 Agreement 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 Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance If Contractor or any sub -
consultant 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 Agreement, 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.
International Line Builders, Inc. Page C-3
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. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
International Line Builders, Inc. Page C-4
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 190034662/106336884
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
International Line Builders, Inc. hereinafter designated as the "Principal," a contract for
maintenance and/or repair services, 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 annual furnishing or renewal 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*
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 Two Hundred Seventy Thousand Six Hundred Eighty Five
Dollars and 001100 ($270,685.00), lawful money of the United States of America, said
sum being equal to 100% of the annual 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.
*Company & Travelers Casualty and Surety Company of America
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
International Line Builders, Inc. Page D-1
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 19th day of August , 2015
International Line Builders, Inc. C:�L� oz--�
Name of Contractor (Principal) Authorized Signature/Title
Liberty Mutual Insurance Company &
Travelers Casualtv and Suretv Comnanv of America
Name of Surety Autho "ed Agent Signatur
175 Berkeley Street, Boston, MA 02116 &
One Tower Square - 2SHS, Hartford, CT 06183
Address of Surety
763-302-7100
Telephone
APPROVED AS TO FORM:
CITY A 2M Y {—
Date: j
TX\Jk 0&
By:
Aaron C. Harp U^^
City Attorney
Nicole Langer, Attorney -in -Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
International Line Builders, Inc. 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 August 19 , 2015 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing'
ompleting 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 30WftXTW Minnesota
County of Hennepin ) Ss.
On Aueust 19 2015 before me, Heather R. Goedtel
Notary Public, personally appeared Nicole Langer
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.n
WITNESS my hand and official seal. o u� HEATHER R GOEDTEL
6. NOTARY PU5LC SOTA�j
MY Commis. r ExpltesJanu FY
Signature _ w . M K.,n... s
(seal)
International Line Builders, Inc. Page D-3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
-a<.aC av�C c�Y: •((-c�L.aJavaC.n<.. aCmt �C...La< a <_aLaC./1i�Uc'M< �L �.',..�!�C. _ c�C �< a: ��C q .a .a<�aC aC.
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 )
Countyof fRwevn�dc )
On NVIOZk 20,2CA5 before me, ll U) V-,- Q'
\S�Cy( t 1
Date Here Insert Name and Title of the Officer
personally appeared V�C\`Coeur` r—bCClor)
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.
ASHLEY 0.ESPARZA
Commission N 2072845
ia
Notary Public - California iZRiverside County
M Comm. Eggs Jun 27, 2018
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 (111LA
Signa,
a of Notary Pu lic
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 — 0. Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n 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:
O 1 • • • • • • • • :11 • :11 . •: •1
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. e99aa63
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: ThatAmencan Fire 8 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 duty organized under the laws of the State of Massachusetts, and WestAmencan Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint. Brian D. Carpenter; Craig Olmstead; Dennis Loots; Heather R. Goedtel; Jessica Hoff; Jill N. Swanson, Laurie Plluo: Michelle Svlvester:
all of the city of Minneapolis state of MN each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their ova 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 26th dayof May 2015
0(0(0(0
4Jt\\NSeA�y nFp'M,NSUycMfc 19121991 co<` s•:S ^� i. 5 �
STATE OF PENNSYLVANIA as
COUNTY OF MONTGOMERY
American Fire and Casualty Company I 'o
The Ohio Casualty Insurance Company a
Liberty Mutual Insurance Company In
00)
West merican Insurance Company
H
3
By: �
David M. Care , Assistant Secretary C
On this 26th day of May 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 WestAmeriean Insurance Company. and that he, as such, being authorized auto 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 notanal seal at Plymouth Meeting, Pennsylvania, on the day and year first
l�above
®®written.
9a pgar
COMMONWEALTH OF PENNSYLVANIA
0� os-owv R!! Notarial Seel `vL/C'/,\,Ll�'-N'
Teresa Pastella, Notary Public gy;
or Plyrrmuth Twp., Montgomery County Teresa Fastens, Notary Public
a� My Commission Expires March 29, 2017
Membra Pennsylvania Aaaoclationar Nolan.
This Poweroffittomey is made and executed pursuant to andby authority of the following By-laws andAuthonzabons ofAmencan Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and WestAmierican Insurance Company which resolutions are now in full tome and effect reading as follows:
ARTICLE IV -OFFICERS- Section U. Power of Attorney. Any officer or other official of the Corporation authorized forthat purpose in writing bythe Chairman or the President, and subject
to such limitation as the Chairmen or the President may prescribe, shall appoint such altomeys-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, mcognizanoes 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 atbmey-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 All - 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 attomeys-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 -m -fad subject to the limitations set forth in their
respective powers of adomey, 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 attomeys-in-
fad as may be necessary to ad on behalf of the Company to make, execute. seal, acknowledge and defiver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Companys 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 coned 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 day of _� _ _ , 20I \
�pta6 CA5U9` JP4,V INS 1�p�rnsugryr ;�•trugA .
7966 0 0 7919 n a 1912 r 7991 iy:
g Gregory W. Davenport, Assistant Secretary
fir • • •
641 of 1500
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aA POWER OF ATTORNEY
TRAVELERS J Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine insurance Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 229267
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 006362120
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State. of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Jill N. Swanson, Laurie Pflug, Nina E. Werslein. Brian 1). Carpenter, Nicole Langer, Jessica Hoff, Heather R. Goedlel, Michelle Sylvester, and
Craig Olmstead
of the City of Minneapolis , State of Minnesota , their tore and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, meognizances, 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 y WHEREOF, the Compan01s5 ave caused this instrument to be signed and their corporate seals to he hereto affixed, this 24th
Jul
day of ,
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
W.,
O,P,9 p '^rccR' r 1951ood,pSd it tl\. !y! 3+ fi`" lgj '1 V' X601
nP' � AIN
State of Connecticut
City of Hartford ss.
By: G
94�
Robert L. Raney, § eaior Vice President
24th July 2015
On this the day of , before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., SL Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty 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.
G•T!T
In Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 30th day of June, 2016. Ct p�L1p it
58440-8-12 Printed in U.S.A.
Marie C. Teneault, Notary Public
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received:
Date Completed:
12/24/14
Dept./Contact Received From: Joan
1/9/15 Sent to: Joan
Company/Person required to have certificate:
Type of contract:
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE:
1/1/15-1/1/16
By: Chris
International Line Builders
All Others
A. INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
B. AM BEST RATING (A-: VII or greater): A:XV
B.
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
2,000,000/4,000,000
E. ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
COMPLETED OPERATIONS ENDORSEMENT (completed
(What is limits provided?)
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
Haulers only):
included?
® Yes ❑ No
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
❑ N/A ❑ Yes ® No
included): Is it included?
® 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 ® No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L. NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE:
A.
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater) A:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
2,000,000
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):
Z N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/15-1/1/16
A. INSURANCE COMPANY: Liberty Mutual Insurance Company
B. AM BEST RATING (A-: VII or greater): A:XV
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory M Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included? M Yes ❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: M N/A ❑ Yes ❑ No
H. NOTICE OF CANCELLATION: ❑ N/A M Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
ag�
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
1/9/15
Date
M N/A ❑ Yes ❑ No
M N/A ❑ Yes ❑ No
M N/A ❑ Yes ❑ No
M Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 190034662/106336884
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
International Line Builders, Inc. hereinafter designated as the "Principal," a contract for
maintenance and/or repair services, 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 annual furnishing or renewal 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*
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 Two Hundred Seventy Thousand Six Hundred Eighty Five
Dollars and 00/100 ($270,685.00), lawful money of the United States of America, said
sum being equal to 100% of the annual 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.
*Company & Travelers Casualty and Surety Company of America
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
International Line Builders, Inc. Page D-1
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 19th day of August , 2015
International Line Builders, Inc
Name of Contractor (Principal) Authorized Signaturefritle
Liberty Mutual Insurance Company & e
Travelers Casualty and Surety Company of America o
Name of Surety Autho zed Agent SignatLfe
175 Berkeley Street, Boston, MA 02116 &
One Tower Sauare - 2SHS. Hartford. CT 06183 Nicole Langer, Attorney -in -Fact
Address of Surety Print Name and Title
763-302-7100
Telephone
APPROVED AS TO FORM:
CITY ATZRNEY'S OFFICE
Date: 1
By:� W I�-
Aaron C. Harp r^"` °TI'"JIV
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
International Line Builders, Inc. 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 August 19 , 2015 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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 JDM&MOC Minnesota
(seal)
County Of Hennepin ) ss.
On August 19 2015 before me, Heather R. Goedtel
Notary Public, personally appeared Nicole Langer
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. ati. '�V",r,,,VVV WVVVVV-VVVVVVVVV~2
HEATHER R GOEDTEL
WITNESS my hand and official seal. I�� ,;)NOTARY 7J3LC-M, NEsoTFl
My Commission Expires
% January 31, 2016
Signature" (seal)
International Line Builders, Inc. Page D-3
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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 authorityto bind the Company except in the manner and to the extent herein stated.
Certlfcete No 6996454
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWNALL PERSONS BY THESE PRESENTS: That Amencan Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshim. that Liberty Mutual Insurance Company is a corporation duly organized underthe laws of the State of Massachusetts, and WestAmedcan Insurance Company
is a Corporation duty organized under the laws of the State of Indiana (herein Collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute
and aooctnt, Bran D, Carpenter; Craig Olmstead; Dennis Loots; Heather R. Goedtel; Jessica Hoff: Jill N. Swanson: Laurie Pflua- Michelle Ovlvpatnr
all of the city of Minneapolis , state of MN each individually if there be more than one named. its true and lawful attomey-in-fact to make. execute. seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corpomte seals of the Companies have been affixed
thereto this 29th dayof May 2015
STATE OF PENNSYLVANIA as
COUNTY OF MONTGOMERY
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West merican Insurance Company
By:
David M. Carey, Assistant Secretary
On this 26th day of May . 2015 , before me personalty 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 WestAmerican 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 duty authonzed officer.
IN WITNESS WHEREOF, I have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first
'�above
®®written.
5y' PgaT
COMMONWEALTH OF PENNSYLVANIA
P�r»�wf°t�!! Noranal Seal j
r� u I v � Teresa Pastella. Notary Public By;
w Prynaulh Twp., Montgomery County Teresa Pastelia, Notary Public
q� My Commteson Fxpres March 2a, 2017
'Vy J,a�' Member, Penmylvanla Assoc,eon of Nalzrias
This Power of Attorney is made and executed pursuant toand by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
Comparry, 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 witting by the Chairman or the President, and subject
to such imitation as the Chairman or the President may prescribe, shall appoint such attomeys-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 -m -fact subject to the limitation 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 attomey-in-fact under
the provisions of this article may be revoked at any bme 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 attomeys-m-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 attomeys-in-fact subject to the limitations set forth In their
respective powers of attorney, shall have full powerto 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 -m -
fed 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 Companys 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 day of 1.i1� a `"E" 20 > _
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.A► POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 229267 Certificate No. 006362121
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Jill N. Swanson, Laurie Pflug, Nina E. Werslein, Arian D. Carpenter, Nicole Langer, Jessica Hoff'. Heather R. Goedtcl, Michelle Sylvester, and
Craig Olmstead
of the City of Minneapolis , State of Minnesota , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizanees, 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 WITNEM WHEREOF, the Companies July have caused this instrument to be signed and their corporate seals to be hereto affixed, this
2015
day of ,
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
24th
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
pRsu�tj t6 oARM,.I RSG pa <qP tr Mo TY
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State of Connecticut
Cit} of Hanford ss.
By:
Robert L. Raney, , enior Vice President
On this the 24d7 day of July 2015 before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty 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.
p,Tlt
In Witness Whereof, I hereunto set my hand and official seal. ''
My Commission expires the 30th day of June, 2016. O p�Ltp A#
�V
58440-8-12 Printed in U.S.A.
M.ar C. Tetreault, Notary Public
i OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
• -NIA ALL-PURPOSE ACKNOWLED064ilEAT•
.at.a:a..:�<.aea.�•,ae.a:-a�..�ciCe.a..a .a<�r..�.<a<,.. �r�c c Jam..atm..aca..a..ce�•.a.Cc�<�<r</-•�<aC
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 off P wp iSfy
On'eOC4, 9f ), 9C-\-5 before me, 0 S23 I WZ '13C C\Y to —a hal
Date Here Insert Name and Title of the Officer
personally appeared E:C\Y
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.
ASHLEY 0. ESPARZA
Commission * 2072845
Z :-a Notary Public - California n
Z Riverside County
M Comm. Ex Ires Jun 27, 2018 l
Place Notary Seal 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.
Signature C
Signa u of Notaryubli
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
n 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: