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C-6278 - Zone III Pump Station Variable Frequency Drive (VFD) Replacement
September 13,2017 Industrial Power and Automation, Inc. Attn: Patrick Acomb 31805 Temecula Parkway, Suite 170 Temecula, CA 92592 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039Fax newportbeachca.gov Subject: Zone III Pump Station Variable Frequency Drive (VFD) Replacement— C-6278 eplacement-C-6278 Dear Mr. Acomb: On September 13, 2016, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 14, 2016; Reference No. 2016000442980. The Surety for the contract is American Contractors Indemnity and the bond number is 1001043640. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001043640 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,881.00 , being at the rate of $ 2.35% for the 1st 8100.000 and 1.8% thereafter thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded . to Industrial Power and Automation, Inc. hereinafter designated as the "Principal," a contract for the installation of two (2) replacement variable frequency drive (VFD) units in the control room for the Zone III Pump Station, including demolition, removal and disposal of the existing VFD units, wiring and conduits, fittings and other associated appurtenances, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and AMERICAN CONTRACTORS INDEMNITY cOMPANY, duly authorized to transact business under the laws of the State of California as, Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Twenty Nine Thousand Five Hundred Dollars and 00/100 ($128,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Industrial Power and Automation, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the IOTH day of aRUARY ,20 16 INDUSTRIAL POWER & AUTOMATION Name of Contractor (Principal) Authorized Signaturerritle AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety Auth ad Agtfnt Signature 601 S. FIGUEROA STREET, #1600 LOS ANGELES; CA 90017 Address of Surety 800-486-6695 Telephone APPROVED AS TO FORM: CITY AT ORN Y'S OFFICE Date: WA 11 V By: Aaron C. Harp,, ra I9yl In City Attorney NHUNG H. SAEPHAN, ATTORNEY-IN-FACT Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED . Industrial Power and Automation, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �//_ County of 6 Ve1'11Gtt )ss. � hel A WOW* On kjo - D 20 16 before e, 01, ✓`t G+ Notary Public, personally appeared -UMILL Mt0A1 b o proved to me on the basis of satisfactory evidence to be the perso whose na s) I re subscr to the within instrument and acknowledged i e that a I.e(they executed I e same in edth r thoriz� ed capacity(iand that by�h er/their signatures on the instrument the person( or the entity upon bLhalf of which the persori(s� acted, e�leduted the instrument. lC, 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------------ WITNESS my hand and official seal. RACHEL A. HERNANDEZ Commission # 2105880 z . Notary Public - California i z Riverside County s Signature M mm. Ex fres Apr 5, 2019 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )ss. On 20_ before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Industrial Power and Automation, Inc. Page B-3 CALIFORNIA ALL-PURPOSE 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 SACRAMENTO } On 02/10/2016 before me, KATY TAYLOR Notary Public, Date (here insert name ) personally appeared NHUNG H. SAEPHAN , k#kkkkkkkkkkkk#k######k###########k###kkk#kk#kkkk who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hhis/herAkeir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Description of Attached Document Title or Type of Document: Document Date: Other: Number of Pages: POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY -- 1 EBY THESE PRESENTS: That American Contracttittf �a a Californiaeorporafiot> 'Fgxas•= 1t l C tMW, an assumed name of American Contractors Indemni 1 t tstes Surety Con7r - M uy}atrd _ _ corporation and U.S. Specialty Insurance Company, a Texas corporation (co—Mctiv=y, the "Companies"), do by these presents make, constitute and appoint: Eric J. Fedors, Sheryl Smith, Elizabeth A. Juarez, Nhung H. Saephan, Katy Taylor, Vicky Troyan, or Daren Eiseman of Sacramento, California ttshueand lav&Ekttomey(s)-in-ft�iriesWW capacity if more than one is named above, with full td lit lrer"rMrtifm its name, place at e*it acknowledge and' detiver any and all bonds, recogniza 1+ wr or other instrumentsor contractsV suretyshipto include riders amendments and consents of > surety, ptv�tding�lt se bond penalty does not exceed *****Three Million***** Dollars This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by _ by the Boards of Directors of the Companres� authority �€+t, mowing resolutions adopted _ 514 tl tt resident, any Vice-president 'any Assistant Vice. President, any Si�edly e ry shall be and Whetaby ves_6& itlllui€ -_ at u�rtni point any one or motel sbitable 096ons as Attowey(s)-m-Fact to remSiladlfllMIof the Companysu acfto thl}2win --- Attorney-in-Fact may be given full power and authority for and in the time of andon behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the C'orpoiate Secretary. _ WRt Res iKttiaf*Agnature of any QWWd15fficMmFRtWjWornpmy hereto€pre of hereafter'affexed toiany power of attomM _-#here ixgt`acsnnd wind any power of attor c fi bin mile signature or facsimile seal shall be valid and binding upon the it sp anybo�n `or undertaking to which. it is attache IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. certificate is County of Los Angeles SS: 'mNrrCOMPANY _XExA&B W_ _ MPANY -- 'ANY U.S. SPS -- VffANY - - S ,A\, ',%% By 'f Daniel P. Aguilar,Vice President th� On this Ist day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, _ personally appeared Dan P. Aguilar, Vice President of American Xontrmtorsdnd Company, Texas Bonding Compauy, Umted,States Surety Compan ndji.S. ftchan.0sunimee Company who proved to an oa€ �slfti tt evidence to be the person whose name is subscribed to the u in imi--ar&MwIlidged tome that he -executed tTiwsame is qia�trth� de aml that by his signatme on thplinst umegt the person, or the e¢ o eh o ii person acted, exeeutedthemstnmient. - 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. MARIA G. RODRIWGUEi pNG I Commission #r 2049771 :Signature _ _ i �� Notary' Publlc bolfornia __ - Cos ArrO#Ib# Ca#pry ' _ — Co Aa the 20,201 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in - fullforce and etlhee — — - fWitW tl—ererr I have hereunto set my hand and affixed the seals ofsani= :e panres Ubs rtgeles. Califomia thus 5Tti day - flf 2016 Corporate Seals *eregs e4 aagf ONOInO� a *. tiv t rt o o aV 1 001 04 3 64 0 Michael Chalekson, g �w _ - Assistant Se1ta Fond No. - sr 4010 Agency No; ear„rte\ "rfOFrE�° Irrrnr„a — _ SEW PORT > z y n U ) �c - cq</Fp�aNvP November 21, 2016 Industrial Power and Automation, Inc. Attn: Patrick Acomb 31805 Temecula Parkway, Suite 170 Temecula, CA 92592 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 Fax newportbeachca.gov Subject: Zone III Pump Station Variable Frequency Drive (VFD) Replacement — C-6278 Dear Mr. Acomb: On September 13, 2016, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 14, 2016, Reference No. 2016000442980. The Surety for the bond is American Contractors Indemnity and the bond number is 1001043640. Enclosed is the Labor & Materials Payment Bond. Sincerely, )Xk4' Nvv-" Leflani I. Brown, MMC City Clerk Enclosure GN�w o`ks PREMIUM: INCLD IN PERFORMANCE C• � EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 1001043640 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Industrial Power and Automation, Inc. hereinafter designated as the "Principal," a contract for the installation of two (2) replacement variable frequency drive (VFD) units in the control room for the Zone III Pump Station, including demolition, removal and disposal of the existing VFD units, wiring and conduits, fittings and other associated appurtenances, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, AMERICAN CONTRACTORS INDEMNITY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Twenty Nine Thousand Five Hundred Dollars and 001100 ($129,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Industrial Power and Automation, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 10TH day of FEB UARY 20 16 INDUSTRIAL POWER & AUTOMATION �- Name of Contractor (Principal) ALIll Signaturerritle AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety 601 S. FIGUEROA STREET, #1600 LOS ANGELES, CA 90017 Address of Surety 800486-6695 Telephone APPROVED AS TO FORM: CITY ATT RN Y'S OFFICE Date: By: Aaron C. Harp CA?A M 17 ti l I(* City Attorney Autho ' ed Agent Signature NHUNG H. SAEPHAN, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Industrial Power and Automation, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of C County of On r-& h WA Notary Public, personally appeared - ILK t t l M mho proved to me on the basis of satisfactory evidence to be the pers ,1 whose nam Is re subscriged to the within instrument and acknowledged t e that s e/they exec to e same in i er/the'r uthorized capacity(ie and that by I her/thee signatures( on the instrument the person(f or the entity upon bt�lf of which t person acted, exe ted the instrument. iii I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. n Signature RACHEL A.HERNANDEZ Commission # 2105880 Notary Public - Calilornia i Z Riverside County SMIR omm. Expires Apr 5, 2019 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Industrial Power and Automation, Inc. Page A-3 CALIFORNIA ALL-PURPOSE 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 SACRAMENTO } On 02/10/2016 before me , KATY TAYLOR Notary Public, Date (here insert name ) personally appeared NHUNG H. SAEPHAN who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(&) 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(6) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Description of Attached Document Title or Type of Document: KATY TAYLOR ; V COMM.02072211 Q NOTAityPU3LIC-CALIF9RNIA� SACRAh1ENTO COUFfTY n COMM. E1(pNa:3 JULY 19.2018 OPTIONAL INFORMATION Document Date: Other: Number of Pages: 1 Nl l' li l'1VI 11YIII ��II 11 1Iriijl I1111I1, - -_ POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL N�BY THESE PRESENTS: That American ContracFM jOldffibift pt o a California eorpnrafion, Texas- Bonding exasBonding C=ampan assumed name of American Contractors IndemmiRlAtites Surety Company, a Maryland - corporation and U.S. Specialty Insurance Company, a Texas corporation (c_ ctiWthe "Companies"), do by these presents make, constitute and appoint: Eric J. Fedors, Sheryl Smith, Elizabeth A. Juarez, Nhung H. Saephan, Katy Taylor, Vicky Troyan, or Daren Eiseman of Sacramento, California - rueadatILtorney(s)-so-,--tntllircapacity if more than one is named above, with fullwer and authority- _ jer,ebyWn&rr f its name, place l e cknowledge and deliver any and all bonds, recognizanees, undertaking --or other instruments or contractsW suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ). This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the,following resolutions adopted by the Boards of Directors of the Commpanie :.. _. - Be -rt Resolva&_t it resident, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and Tomer tem_ i_v-- a0a[l- ower and= -aur rut an one or more suitable - -_ _p °� y persons as Attornev(s}in-into represent and act for and on behalf of the Compan}�ol�t�th�lo'mrr� - Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected _ by the Corporate Secretary. - - - - Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attornq arycemflcate relating thereto by facsimile, and my power of alto ncy otcerrificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attacher IN WITNESS WIIEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. AMERICAN CONTRACTORSSNDEMNITY COMPANY =_UBt MPANY - - Ccrporete St;31 _ UNITED STATES SURETY COMPANY U.S. SP _ ANY RR�r8N9aae .. 'Ap�bg.$y RFIL 9ONX.96"� 4.`"P`\,`y`�naur:,eci' a ,a + a y Daniel P. A gUI l, arV ice President � Y e t � qu . - A notary public or other officer comply_ r gerd tsa�MliiIies�nly the identity of the individual who signed the -.-- - document -to which this certificate is attic, aad __.".fess, accuracy, or validity of that document. State of California County of Los Angeles SS On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors IndalmilqtCompany, Texas Bonding Company, United States Surety Company -U-S. Specialty Insurance Company who proved to min . �ieba ds of saosfas-to€y=evidence to be the person whose name is subscribed to the vnflfinemtmd acknowledged tome that Ifeexet;u 3 me -tri _ his authorized capacity and that by his signature on the instrument the person, or the en i eha3f of which theperson acted, executedAhcinstru_ment - -I certify under PENALTY OF PERJURY under the laws of the State of California that the-f`oregomg paragraph is true and correct. WITNESS my hand and official seal. MARIA G. RODRIGUEZ-WONG Com Signature - a i �� Notary Public . CalifornCalifornia- � los Angeles County - - Z M Comm. Aires Dee 20, 2017 = - I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore. the resolutions of the Boards of Directors, set out in the Power of Attorney we in full force and eft Mitn= her oil have hereunto set my hand and affixed the seals of said pamlamitic , geles, California this 5TH day FEBRUARY= 2016 Corporate Seals `„UC:'o;�.� 2 ��' ♦P .O'3 jy` 01 �0.� � Michael Chalekson, Assistant Secre[ar I Bgnd 1oD7oa364o W yo. °^' 5 Agency No 9010 aa* = Ilael _ * Document -1876271 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen,Clerk-Recorder IIIIIIIIIII�IIN�INullllllllllllllllllllllllllllllllhllllllllllllllll NO FEE *$ R 0 0 0 8 6 8 7 0 0 3 5 2016000442980 3:15 pm 09114116 227 402 N72 t 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Govemment Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Industrial Power and Automation, Inc., Temecula, as Contractor, entered into a Contract on December 8, 2015. Said Contract set forth certain improvements, as follows: Zone III Pump Station Variable Frequency Drive (VFD) Replacement C-6278 Work on said Contract was completed, and was found to be acceptable on September 13. 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is American Contractors Indemnity. M City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on (� Its at Newport Beach, Califomia. =W2 about:blank 09/14/2016 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Industrial Power and Automation, Inc., Temecula, as Contractor, entered into a Contract on December 8, 2015. Said Contract set forth certain improvements, as follows: Zone III Pump Station Variable Frequency Drive (VFD) Replacement C-6278 Work on said Contract was completed, and was found to be acceptable on September 13, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is American Contractors Indemnity. BY //4 JL11 Public Works b66ctor City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. II'' Executed on _��} �(I�. �� at Newport Beach, California. CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 19th day of November , 2015, at which time such bids shall be opened and read for ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Contract No. 6278 $150,000.00 Engineer's Estimate Approved by Mark Vu`kojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings at the City of Newport Beach Public Works Department 100 Civic Center Drive, Newport Beach CA 92660 Bidders are required to attend a Mandatory Pre -Bid Meeting at the project site (3300 Pacific View Dr., Newport Beach CA 92625) on November 10, 2015 at 2:00 PM Contractor License Classification required for this project: "C-90" Electrical Contractor For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transpa rent/online- services/bids-rfps-vendor-registration ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Contract No. 6278 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 17 INFORMATION REQUIRED OF BIDDER..................................................................... 18 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND........................................................A-1 FAITHFUL PERFORMANCE BOND............................................................ ......... B-1 INSURANCE REQUIREMENTS.......................................................................... C-1 PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 ELECTRICAL SPECIFICATIONS............................................................................. ES -1 2 City of Newport Beach Contract No. 6278 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act'. 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification D 0 Q D /-749 LP to 12L�)Li(v DIR Reference Number & Expiration Date Bidder Signature/Title //, Date 0 hgcL-� s -n City of Newport Beach ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Contract No. 6278 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of SEVENTEEN THOUSAND FIVE HUNDRED AND NO/100 Dollars ($ 17,500.00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MASTER FORMAL CONTRACT, Contract No. 6278 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 17TH day of NOVE R 2015. INDUSTRIAL POWER & AUTOMATION Name of Contractor (Principal) Authorized Signaturerritle AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety 601 S. FIGUEROA STREET LOS ANGELES, CA 90017 /" g4�^- Titori-zed Agent Signature NHUNG H. SAEPHAN, ATTORNEY-IN-FACT Address of Surety Print Name and Title 800-486-6695 Telephone (Notary acknowledgment of Principal & SuretV must be attached) 5 State of California County of On Public, personally appeared ACKNOWLEDGMENT SS. before me, Notary ,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 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) (seal) Thumbprint of Signer ❑ Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. _ CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Other Information: 0 ACKNOWLEDGMENT State of California County of ) ss. On Public, personally appeared before me, , Notary 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) ----------------------------------------------------------------------------"- OPTIONAL INFORMATION Date of Document Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: City of Newport Beach ❑ Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE 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 SACRAMENTO On 11/17/2015 before me , KATY TAYLOR Notary Public, Date (here insert name ) personally appeared NHUNG H. SAEPHAN , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herl#E eir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Description of Attached Document Title or Type of Document: Document Date: (Seal) OPTIONAL INFORMATION Other: KATY TY� n NOTARYPUKIC SACRAMF.IT.i�f„ r i.i p .a Number of Pages: POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Eric J. Fedors, Sheryl Smith, Elizabeth A. Juarez, Nhung H. Saephan, Katy Taylor, Vicky Troyan, or Daren Eiseman of Sacramento, California itstrue and lavdW Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** )- This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with W- power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following Provisions: Attorney -in -Fact may be given full power and authority for and in the time of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and ray such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore at hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facahnile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The. Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY `q?tRPEiogyµ `dR5,811RF;Y`' �0 N�tNGCO.y- we iaia By:lv Daniel P. Aguilar, Vice President '%aFPmemi aory...{. nye'oF1+ i ...#.. yq. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty hisurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that heexcepted the same in his authorized capacity, and that by his signature un the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA G. RODRIGUEZ-WONG Commission uY 2049777 Signature- (Seal) z rr� Notary Public - California i - ins Angeles Caahry a M Comm. Ea Iros t_kc 20, 2017 I, Michael Cbalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 17TH day of NOVEMBER , 2015 CorporateSssM•.. eonoiri.....•d, ry, o c oz Bond No. N/A Michael Chalekson, Assistant Secretary :W z-.a� Agency 9010 No. r rrr..nn �,F ni�rm ZONE III PUMP STATION VARIABLE FREQUENCT DRIVE WD) REPLACEMENT Contract No. 6278 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid i� 6� �(., /� Name: I\Ct' iAc[ 5 kC�tX"' LLC. Address:-PL7�jD/�"I,DDav�(.�, j+Cp sur , I V�� u�l \ U(1yn RzS�aVfu Phone: -7 (,OD ' aWj - Jq%e) j State License Number: LX:i IC .0 l fZB� i DIR Reference: PIA EmailAddress: C3 A C fp ( 1 0 Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address / /YI & TA, iti i -+`fl ///rSGA_C� (..t_10 Bidder Authorized Signaturefritle E:) City of Newport Beach ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Contract No. 6278 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number Project Description Approximate Construction Dates: From l 201ti� To: ()0+ It:;- Agency Name1_(�) Contact Person kDV� N ti ( kf Vli<k�y'1 Telephone U Original Contract Amount $Final Contract Amount $ 2--7 0 ' E)L If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Ir] No. 2 Project Name/Number Project Description av'-4 Approximate Construction Dates: From Agency Name Contact Person \JV�) I& Telephone (766 25-,2)3--72Z--J Original Contract Amount $LOM6 Final Contract Amount $ (I—I CICO If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name To: 4 10 I" j LCD14 Contact Person t+ oQ14 '400-c:> Telephone ($qb (d d-(— 1V Z - I Dv VV Original Contract Amount $ '�O© Final Contract Amount $ Ci.7 S— If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Project Description Approximate Construction ff Dates: From � 1�O� .I6 2x 4 To �A"N- I4) �l� Agency Name %[ n .:Nt_ rl� l 'ick Yv� Atom, /y Contact Person l " �?k)� 7 Telephone o(A U u Ot] Original Contract Amount $,�Final Contract Amount $ Doo If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. (k) No. 5 Project Name/Numbe r Project Description Approximate Construction Dates: From W 7W -9-0« To: 12CL,I C?I Agency Name Contact Person�{ . 4Ke-�6 L Telephone -(7i 4) -1 DO Ott Original Contract Amount $-46-,J! aC inal Contract Amount $. (�; ODD If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description Approximate Construction Dates. From Agency Name Contact Person T Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of t11e2Contractor's current financial conditions. / � Bidder Autt(oni ed ianature/Title 12 City of Newport Beach ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Contract No. 6278 NON -COLLUSION AFFIDAVIT State of California ss. County of being first du sworn deposes and says that he or she is dry G2. "t e of 1 Jlr�t .ra � d�ST�V"��U'�>Vttie` party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of 1',orni that the foregoing is true and correct Bidder Authorized Sig ature/Title Subscribed and swom to (or affirmed) before me on this_day of 2015 by e i cif >s o A Aeo,6 proved to me on the basis of satisfactory evidence to be the persons)' who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. tdyr�' — SEAN ANGIER Notary Public . Commission # 2051070 [SEAL] k Notary Public - California z orcnge County A My Commission Expires: dl i'y comm. Expires Jan 3, 2010 13 City of Newport Beach ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Contract No. 6278 DESIGNATION OF SURETIES Bidder's na Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): 6 im City of Newport Beach ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Contract No. 6278 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name I V1 6k) 4 '' cz-u '1 0� *- t m_a_—, Sl--\ Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Current Record Record Record Record Record Year of for for for for for Record 2014 2013 2012 2011 2010 Total 2015 No. of contracts Total dollar Amount of Contracts (in ❑ Thousands of $�� ;nzp No. of fatalities No. of lost Workday Cases O Q No. of lost workday cases involving permanent transfer to anotherjob or termination of employment C� The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder l Ylc�j xzy au -1 -i VTT,Y IC b sY1 Business Address: r�ijYC ,� T,Vv�Q-P, �0. � � i+c- 17C) Business Tel. No: ��i } 7 U 1 1) --)State Contractor's License No. and' Classification: 617(.p'7 DC (2.10 Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those recorAs. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 2015 Version wwwAotaryClasses.com 800-873-9865 ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to - which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of UfoC (Vgrs I d Q ) On &V Gy, before me, /I.f �Lt ��Q lx��' �f l/P tnl y I�((� ( C , (Here insert name and title f the officer) personally appeared pa-4—Ick 9U)Mk who Prov d to me on the basis of satisfactory evidence to be the person(Kwhose name is subscribed to the wi in instrument and acknowledged to rife that executed the same i his/ it authorized capacity(i�and that by it signatur on the in ent the person(�or the entity upon behalf of Vh h the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.- �, MATTWELL =; onn # 2015^7E ` q Nn[ Y PublicCalrforiia s . WITNESS my hand and officialI River.,!t.. County `� / P'v C•ou�m. Expi,;:� n ar 2R, C Signature of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS - State and County information must be the State and County where the document signer(s) personally appeared before the notaryppublic for acknowledgment. - Date of notarization must be the date that th$ signer(s) personally appeared which must also be the same date the acknowledgment is completed. DESCRIPTION OF THE ATTACHED DOCUMENT - The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tide (notary public). - Print the name(s) of document signer(s) who personally appear at the time of (Title or description of attached document) notarization. - Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.)helsheAhey, is /are ) or circling the correct forms. Failure to correctly indicate (Title or description of attached document continued) - this information may lead to rejection otdocument recording. - The rotary seal impression must be clear and photographically reproducible. - Impression must not cover text or lines. If seal Impression smudges, re -seal If a sufficient area permits, otherwise complete a different acknowledgment forth. Number of Pages _ Document Date - Signature of the notary public must match the signature on file with the office of the county clerk. - Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. - Securely attach this document to the signed document vtlth a staple. 2015 Version wwwAotaryClasses.com 800-873-9865 City of Newport Beach ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Contract No. 6278 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: 1 a 4 - ° °�y , k;�-�' Business Add Telephone and Fax Number: 95 � _-jLA --I ILI California State Contractor's License No. and Class: Ot, A 7 LY> 0,1 1 (REQUIRED AT TIME OF AWARD) Original Date Issued: U`1 Expiration Date: �;l List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of aLj�vv� W. The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: /& For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; �J/A Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. na Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 19 Are any claims or actions unresolved or outstanding? Yes / 'D If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Bidder (Print 9"e of Owner or President of Cojp6ration/Company) 6D Title Date Signature/Title On Alp vtwdz( II , , c> i before me, Notary Public, personally appearede,+,, �I- -ee,w & who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and fortbid State My Commission Expires: 0 1 0-6 — LOT it 011 (SEAL)sre -i—Nf SCAN ANGIER lvrt.. Commission p 2051070 ;4+ib Notary Public - California z Orange County Jd�� M Comm. Expires Jan 3, 2018' City of Newport Beach ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Contract No. 6278 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL ZONE III PUMP STATION VFD REPLACEMENT CONTRACT NO. C-6278 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: PR 1 of 3 The undersigned declares that he has carefully examined the location of the work, has read the instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. C-6278 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization, Bonds, Insurance, Demobilization & Clean up @ VT L-oY Dollars e2 d And Cents Per Lump Sum $ 2. Lump Sum Submittals @04Z f11004^c'I Dollars Do And Cents / ®��° Per Lump Sum $ 3. Lump Sum Remove & Dispose Existing VF,D--3 Dollars And o� l� Cents �yo� Per Lump Sum $ PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Remove & Dispose Existing VFD-4 (a?Ti,c �Ata��R+�� Dollars And 0,017 Cents Per Lump Sum $ J Lump Sum Furnish & Install new VFD-3 C(C, Ih 0,J Dollars 0 29 Cents �U Per Lump Sum $ Lump Sum Furnish & Install new VFD-4 @ Y iie-tb0wS,4^ 1 Dollars V v And �f Cents Per Lump Sum $ 7. Lump Sum Operations and Maintenance Manuals and Training Dollars And a Cents p Or - Per Per Lump Sum $ T 5-04) 8. Lump Sum Provide As -Built Plans @ Two Thousand Dollars And No Cents Per Lump Sum $ 2,000.00 TOTAL PRICE IN WRITTEN WORDS � O and Cents Date Bidder's Telephone and Fax Numbers 9:20(D-l()o C(o Bidder's License No(s). and Classifications PR3of3 f o2 (�OD/vO Total Price (Figures) A�LA-�i SI � ti I- Mah&l\ Bidder i idder's Authorized Signature and Title Bidder's Address CiLA-k_ 1_70 e"-) (_c, QC�, � GYL��jZ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 Zone III Pump Station Variable Frequency Drive (VFD) Replacement CONTRACT NO. 6278 DATE: &-/, BY: G✓//{'��� �. Pu$lic Works Director TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents - all other conditions shall remain the same. CONTRACT t. ADD after page 22 with pages in the attached "Sample Contract Final.pdf." SPECIAL PROVISIONS 2. ADD the following to the end of Section 7-15 Contractor Licenses (SP Page 6 of 7) "The Contractor may elect to work with a subcontractor who is an Authorized Toshiba Distrubtor and UL508A Panel Shop to make the custom modifications to satisfy the requirements of these Plans and Special Provisions." Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in my Proposal, lVVI)-7�Ki' RM AAvva-�in Bidder's Name (Please Print) Date A" Authopfzed Signature & Title City of Newport Beach ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Contract No. 6278 ACKNOWLEDGEMENT OF ADDENDA Bidder's name � a q 1"CUI wa-,h 6Y� The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature j Il�llc ��`7 M ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT CONTRACT NO. 6278 THIS CONTRACT FOR PUBLIC WORKS ("Contract') is entered into this 8th day of December, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and INDUSTRIAL POWER AND AUTOMATION, INC., a California corporation ("Contractor"), whose address is 31805 Temecula Parkway, Suite 170, Temecula, California 92592, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of the installation of two (2) replacement variable frequency drive (VFD) units in the control room for the Zone III Pump Station, including demolition, removal and disposal of the existing VFD units, wiring and conduits, fittings and other associated appurtenances (the 'Project' or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 6278, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Twenty Nine Thousand Five Hundred Dollars and 00/100 ($129,500.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Patrick Acomb to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Industrial Power and Automation, Inc. Page 2 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Patrick Acomb Industrial Power and Automation, Inc. 31805 Temecula Parkway, Suite 170 Temecula, CA 92592 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Industrial Power and Automation, Inc. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Industrial Power and Automation, Inc. Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or Industrial Power and Automation, Inc. Page 5 death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Industrial Power and Automation, Inc. Page 6 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This_ Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Industrial Power and Automation, Inc. Page 7 Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, Industrial Power and Automation, Inc. Page 8 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Industrial Power and Automation, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY' OFFICE Date: By: Aaron C. Harp c\nA 12-101« City Attorney W Mk\\6 ATTEST: Leilani I. Brown City Clerk Attachments: � L CITY OF NEWPORT BEACH, a California m cip I corporation 71109 Date: By: Diane B. Dixon Mayor CONTRACTOR: Industrial Power and Automation, Inc., a California corporation Date: By: &Leo� Patrick Acomb Chief Executive Officer/Chief Financial Officer [END OF SIGNATURES] Exhibit A Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Industrial Power and Automation, Inc. Page 10 PREMIUM: INCLD IN PERFORMANCE GNB ppb\\c W otKs BOND FES ��Q16 EXHIBIT �eGeNed CITY POF ORTBEACH NDNO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Industrial Power and Automation, Inc. hereinafter designated as the "Principal," a contract for the installation of two (2) replacement variable frequency drive (VFD) units in the control room for the Zone III Pump Station, including demolition, removal and disposal of the existing VFD units, wiring and conduits, fittings and other associated appurtenances, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, AMERICAN CONTRACTORS INDEMNITY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Twenty Nine Thousand Five Hundred Dollars and 001100 ($129,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Industrial Power and Automation, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the IOTH daAonzedna Y 20 16 . INDUSTRIAL POWER & AUTOMATION Name of Contractor (Principal) A ure/Title AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety 601 S. FIGUEROA STREET, #1600 LOS ANGELES, CA 90017 Address of Surety 800-486-6695 Telephone APPROVED AS TO FORM: CITY ATTORNErS OFFICE Date: 11 l� By: Aaron C. Harp CA?A 0.7-1 2,-a -1 V City Attorney Autho;�'' ed Agent Signature NHUNG H. SAEPHAN, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Industrial Power and Automation, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California J / County of t�Vu5 ( de }ss. On -c e -fir .2016 before rpe, r i k1.1 4 j4yi l (Mild l Notary Public, personally appeared r (� �} l b ho proved to me on the basis of satisfactory evidence to be the pers a whose nam Is re subscri to the within instrument and acknowledged tie that/she/they exec to same init lier/thetr�juthorized capacity(ieand that byfusmer/thel slgnatures(�1'on the instrument the person(,', or the entity upon b alf of which tlpersocted, execduted 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.RACHEL A. HERNANDEZ ' Commission # 2105880 /IZff �f` a " Notary Public -California i r z ' ' • Riverside County D Signature 1 (s46agomm. Expires Apr 5, 2019 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Industrial Power and Automation, Inc. Page A-3 CALIFORNIA ALL-PURPOSE 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 SACRAMENTO } On 02/10/2016 before me, KATY TAYLOR Notary Public, Date (here insert name ) personally appeared NHUNG H. SAEPHAN , who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&-) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theif, authorized capacity(ies), and that by Ns/her/their signature(&) on the instrument the person(&•), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Description of Attached Document Title or Type of Document: Document Date: OPTIONAL INFORMATION Other: ,. KATY TAYLOR ; 0 CpMM. p zoTzzll .� NOTARY PUBLIC -CALIFORNIA SACRAMENTO COUNTY O COMM. EXPIRES JULY 19.2018 � Number of Pages: POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractus Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Eric J. Fedors, Sheryl Smith, Elizabeth A. Juarez, Nhung H. Saephan, Katy Taylor, Vicky Troyan, or Daren Eiseman of Sacramento, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars (s **3,000,000.00** ), This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with fill] power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Auome)-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any cprtificme tenoning thereto by facsimile, and any power of attorney or certificate hearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDINGCOMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY uram�pi ,ors RF - ••O:" .ami�- y rMs yY fir, a Daniel P. Aguilar, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the _ document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. -- State of California County of Los Angeles SS: On this tat day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company. and U,S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrmnent and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA 0. R00RIOUEZjWONO Commission • 209771 Signature (Sealy i `� Notary Public � California i Los Angeles County Comm, hes Dec 20, 2017 t - - I, Michael Chaleksm , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 5TH day of FEBRUARY 2016{j///� Corporate Seals •i ciogyK ? Sso Fr, 3,\.o\°orrvrrrc.,, �o.....� 5 R ♦ N Cn V. Michael Chalekson Assistan Bond No. 1001043640 =_ ss n , ,r T a = € t_Seeretary Agency 90103 g Y No. ,.���` r�,,,,r.\�"o m•nje"os�s '�'`"m,,;trr,r,,,m``-" EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001043640 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,981.00 , being at the rate of $ 2.35% for the 1st $100.000 and 1.8% thereafter thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Industrial Power and Automation, Inc. hereinafter designated as the "Principal," a contract for the installation of two (2) replacement variable frequency drive (VFD) units in the control room for the Zone III Pump Station, including demolition, removal and disposal of the existing VFD units, wiring and conduits, fittings and other associated appurtenances, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Twenty Nine Thousand Five Hundred Dollars and 001100 ($129,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Industrial Power and Automation, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the MOTH dayZLAR 20 16 . INDUSTRIAL POWER & AUTOMATION Name of Contractor (Principal) Aut on Si gnature/Title AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety 601 S. FIGUEROA STREET, #1600 LOS ANGELES, CA 90017 Address of Surety 800-486-6695 Telephone APPROVED AS TO FORM: CITY ATTORN Y�OFFtCE Dater By: Aaron C. Harp I„M m 17'"11 U City Attorney " dl� Auth ized Agent Signature NHUNG H. SAEPHAN, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Industrial Power and Automation, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �// __ County of 6 weiS lctc } ss. yI nn p On F.Ph "e U 20 1 b beforeJne, tlfichel .4 1"l el�%��1�d* Notary Public, personally appeared - ; iyM h �te' proved to me on the basis of satisfactory evidence to be the per whose na s) re subscr' to the within instrument and acknowledged t e that he/they executed same in er/th r uthorized capacity(i�and that by er/their signaturesn the instrument the personor the entity upon bLhalf of which the persor cted, exe' cLted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L",4j,(_ ignature / ] RACHEL A. HERNANDEZ 7 Commission # 2105880 z _® Notary Public • California i z ' Riverside County M mm. Expires Apr 5, 2019 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20_ before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Industrial Power and Automation, Inc. Page B-3 CALIFORNIA ALL-PURPOSE 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 SACRAMENTO On 02/10/2016 before me, KATY TAYLOR Notary Public, Date (here insert name) personally appeared NHUNG H. SAEPHAN , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/afe• subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/04eir authorized capacity(", and that by Ns/her/theiF signature(&) on the instrument the person(.&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Description of Attached Document Title or Type of Document: Document Date: Other: =ENN R ;211.�, LIFORNIAQUNTY OC19.20181 >eal) TION Number of Pages: POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Eric J. Fedors, Sheryl Smith, Elizabeth A. Juarez, Nhung H. Saephan, Katy Taylor, Vicky Troyan, or Daren Eiseman of Sacramento, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority' hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizanees undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Amorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogtizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and allconsentsfor thereleaseof retained percentagesand/or final estimates on engineering and construction contracts, and arty and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relmmg- thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDixGCOMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY `•tRM1CTOgs i.. SSUR y Y•�y�efNC"*N'....64 ............ B y 'W$_•:F.T.u.,,"-=;�%,,, ;ri€ z,�; !�V p '' Y a aI" Daniel P. Aguilar; Vice President 'o 1i F0RM`joa »ry0,u 1(•. ryryq�OFTE��,,,00 ..'*'...„o `�a _ A notary public or other officer completing this Certificate verifies only the identity of the individual who signed the - -' document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document - _ _-- State of California County of Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specially insurance Company who proved to me on the basis of satisfactory evidence to be the person whose more is subscribed to the within instrument and Acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalfol7which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA G. ROORIGUE2-PIONG Commission N 20,g77t Signature (Seal) i . `� - Notary public - California i .. Los Angeles County Comm. Ez res Doc 20.2017 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this STH day of FEBRUARY 2016 %//�[(/J� �4 Corporate Seals otiN",iro",y',ry `ssuR ,y, *raoiHc'•• •`��>C:m„� i(GY�N ��id�iL ” ” `F;r"f-^_..... aac✓s Bond No. 1001043640 . ;:,1M/ ` �] /_� (.iY= Michael Chalekson, Assistant Secretary ss>:.,. ' 'ai�,...._..�-:r2c aWr !/V .9 ` - ria �, Agency No. 9010 gFOa'a M, mWMry pWq EOF ...... 3c 5'' wnW 'ry` EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Industrial Power and Automation, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed Industrial Power and Automation, Inc. Page C-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, sub- contractors shall provide additional insured coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a Industrial Power and Automation, Inc. Page C-3 self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Industrial Power and Automation, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 1/15/16 Dept./Contact Received From: Raymund Date Completed: 4/5/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: Industrial Power & Automation Type of contract: All Others I. GENERAL LIABILITY ® N/A EFFECTIVE/EXPIRATION DATE: 10/5/15-10/5/16 ❑ No A. INSURANCE COMPANY: State Farm General Insurance Company ❑ Yes B. AM BEST RATING (A-: VII or greater): A:XV 0 N/A 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? INV2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed 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 included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be 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 IL AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/22/15-7/22/16 A. INSURANCE COMPANY: State Farm Mutual Automobile Ins Co B. AM BEST RATING (A-: VII or greater) A++:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste 1M N/A ® Yes ❑ No Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: 0 N/A ® Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 6/18/15-6/18/16 A. INSURANCE COMPANY: State Compensation InsuranceFuni B. AM BEST RATING (A-: VII or greater): N/A C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY tomZICI0C21& 1:469:1 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Date ® Yes [-]No ® Yes ❑ No 1M ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No PIS■m 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 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT CONTRACT NO. 6278 PART I - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2.6 WORKTO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4 1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-13.4 Inspection and Testing SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 3 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 4 6-7.4 Working Hours 4 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 5 7-8 WORKSITE MAINTENANCE 5 7-8.4.3 Storage of Equipment and Materials in Public Streets 5 7-10 PUBLIC CONVENIENCE AND SAFETY 5 7-10.4 Safety 5 7-10.4.1 Safety Orders 5 7-15 CONTRACTOR'S LICENSES 6 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 6 SECTION 9 - MEASUREMENT AND PAYMENT 6 9-3 PAYMENT 6 9-3.1 General 6 9-3.2 Partial and Final Payment. 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT CONTRACT NO. 6278 11=19II11l All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. W -5352-S); (3) the Electrical Specifications; (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (5) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS Add to this section: Design Engineer Stantec Consulting Services, Inc. 38 Technology Drive, Suite 100 Irvine, California 92618 Attention: Mr. Marty Armenta, PE Tel. (602) 707-4852, Fax (949) 923-6121 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Page 1 of 7 Add to this section, "If there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of the installation of two (2) replacement variable frequency drive (VFD) units in the control room for the Zone III Pump Station, including demolition, removal and disposal of the existing VFD units, wiring and conduits, fittings and other associated appurtenances." SECTION 3 - CHANGES IN WORK Kul*AI:7_ kTiVelNF1 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - Page 2 of 7 hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction materials. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. 69*411N]�M11illml� � 111d07%7AP Add the following after the 3d paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION Add the following: In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of Page 3 of 7 completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: The Contractor shall complete all work under the Contract within 150 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 315t(New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. Page 4 of 7 6-9 LIQUIDATED DAMAGES Revise sentence three to read: For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. Revise paragraph two, sentence one, to read: Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize disruption time to the City's Operations crews as a result of construction operations. X0001ZiA2:7;'i101�691-.3 11RHIN'selAi.I*0101kili1i7—IT1940 7 7-8 WORK SITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.4 Safety 7-10.4.1 Safety Orders Add to this section: The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Page 5of7 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess an Electrical Contractor "C-10" license. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. The Contractor shall be a UL508A Listed Panel Shop and an Authorized Toshiba Distributor. 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built' shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as needed, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, Page 6 of 7 removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Submittals: Work under this item shall include, but not be limited to, equipment product information and shop drawings. Item No. 3 Remove existing VFD-3: Work under this item shall include removal and disposal of the existing VFD 3, per City standards, and all other work items as required to complete the work in place. Item No. 4 Remove existing VFD-4: Work under this item shall include removal and disposal of the existing VFD-4, per City standards, and all other work items as required to complete the work in place. Item No. 5 Install VFD-3: Work under this item shall include installing, start-up and commissioning new VFD-3, per City standards, and all other work items as required to complete the work in place. Item No. 6 Install VFD-4: Work under this item shall include installing, start-up and commissioning new VFD-4, per City standards, and all other work items as required to complete the work in place. Item No. 7 Operation and Maintenance Manuals and Training: Work under this item shall include providing operation and maintenance manuals and operator training for the new VFDs. Item No. 8 Provide As -Built Plans (and DBE Certification if applicable). Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. Page 7 of 7 ELECTRICAL SPECIFICATIONS FOR ZONE III PUMP STATION VFD REPLACEMENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Itf C-6278 ES -1 TABLE OF CONTENTS DIVISION 16 SECTION TITLE 16010 ELECTRICAL SYSTEM GENERAL REQUIREMENTS 16011 ELECTRICAL SUBMITTAL PROCEDURES 16012 ELECTRICAL PRODUCT SUBSTITUTION PROCEDURES 16030 EQUIPMENT INSTALLATION 16111 METALLIC CONDUIT AND FITTINGS 16121 LOW VOLTAGE COPPER WIRE AND CABLE 16195 IDENTIFICATION 16484 VARIABLE FREQUENCY DRIVE (VFD) Electrical Specifications City of Newport Beach SECTION 16010 ELECTRICAL SYSTEM GENERAL REQUIREMENTS PART 1 -GENERAL 1.1 SECTION INCLUDES A. Work Included B. Codes and Standards C. Drawings D. Submittals E. Record Drawings F. Operation and Maintenance Manuals G. Site Examination H. Utilities I. Temporary Power J. Storage at Site K. Guarantee L. Equipment and Materials M. Workmanship and Completion of Installation N. Cutting and Patching O. Coordination P. HVAC Equipment Wiring and Control Q. Miscellaneous 1.2 RELATED SECTIONS The requirements set out in the contract documents, contract forms, general conditions, supplementary general conditions and general requirements apply to all work specified herein. 1.3 WORK INCLUDED A. Refer to the entire set of contract documents to become familiar with the project. Contractor is responsible for all equipment mounting, conduit routing and incidental Electrical System General Requirements 16010-1 Stantec Project No. 2042506800 August 24, 2015 Rev. 8/06 Electrical Specifications City of Newport Beach work which may be necessary because of construction requirements, whether or not they are shown on the electrical drawings. B. The Contractor shall furnish all materials, labor, transportation, tools, permits, fees and incidentals necessary for the installation of a complete electrical system. C. It is the intent of the contract documents to provide an installation complete in every respect. In the event that additional details or special construction are required for work indicated or specified, it shall be the responsibility of the Contractor to provide all materials and equipment which are usually furnished with such systems in order to complete the installation, whether mentioned or not. 1.4 CODES AND STANDARDS A. All work shall be in compliance with all applicable portions of the edition recognized by the Authority Having Jurisdiction (AHJ) of the National Electrical Code (NEC), the National Electrical Safety Code (NESC), National Fire Protection Association (NFPA) 70E (PPE), CAL -OSHA (Lock -Out, Tag -Out) and all city and county codes and ordinances, which may or may not be specifically referenced in these contract documents. None of the terms or provisions of these contract documents shall be construed as waiving any of the rules, regulations or requirements of these authorities. B. In any instance where these contract documents call for construction materials of a better quality or larger size than required by the codes, the provisions of the contract documents shall take precedence. The codes shall govern where violations are indicated in the construction documents. In any instance where there is a conflict between the drawings and specifications, the larger size, higher quantity or better quality shall be provided, unless the Owner's Representative directs otherwise. 1.5 DRAWINGS A. The accompanying drawings are intended to show the general arrangement and extent of the work. The exact location and arrangement of all parts shall be determined as the work progresses to conform in the best possible manner with the surroundings and as directed by the Owner's Representative. B. If any departures from the drawings are deemed necessary by the Contractor, details of such departures and the reasons therefore shall be submitted to the Owner's Representative for review. No departures shall be made without prior written acceptance of the Owner's Representative. C. Figured dimensions shall be followed without reference to scale. Where dimensions are not shown, measurements shall be scaled. 1.6 RECORD DRAWINGS A. The Contractor shall maintain a set of electrical drawings at the job site neatly marked with all changes from the original contract drawings. This set of drawings shall not be used for construction purposes and shall be available to the Owner's August 24, 16010-2 Stantec Project No. 2042506800 Rev. 8106 Electrical Specifications City of Newport Beach Representative at all times. Drawings shall be kept up to date as the job progresses and shall be delivered to the Owner's Representative at the completion of the contract. B. A fresh, clean set of drawings on which variations to the original construction documents are legibly recorded and designated "as -built" shall be furnished to the Owner's Representative upon completion and acceptance of work and before final payment is made. As -built drawings provided shall be of 3 -mil mylar. 1.7 OPERATION AND MAINTENANCE MANUALS A. The Contractor shall furnish eight (8) sets of operation and maintenance manuals to the Owner's Representative. These manuals shall include all items designated in the specifications, shall be assembled in an indexed three-ring binder as described in the paragraph titled "SUBMITTALS" and shall include all warranties. Separate equipment brochures will not be acceptable. A pictorial parts list, operation and maintenance instructions, system descriptions, schematic wiring diagrams and equipment cut sheets shall be included for each item with source information. NOTE: These manuals shall be delivered to the Owner's Representative prior to final acceptance of the installation by the Owner. B. Final acceptance of the installation shall not occur until the Owner's personnel have been trained in the maintenance and operation of all equipment for a minimum of forty (40) hours. 1.8 SITE EXAMINATION The Contractor shall be responsible for the coordination and proper relation of his work to the building structure and to the work of all trades. The Contractor shall visit the premises and thoroughly familiarize himself with all details of the work and working conditions, and verify all dimensions in the field. The Contractor shall advise the Owner's Representative of any discrepancy at least seven days prior to bidding. The submission of bids shall be deemed evidence of the Contractor's site visit, the coordination of all existing conditions and the inclusion of all considerations for existing conditions. 1.9 UTILITIES The contract documents reflect the general location, voltage, capacity, size and manner of routing for all utilities known to be required on this project. It shall be the responsibility of the Contractor to visit the site and to meet with the local utility companies in order to coordinate and confirm the exact requirements for all electrical utilities, including, but not limited to, all facilities required to provide complete and operative electrical power and telephone services. The bid submitted by the Contractor shall include costs for all such coordinative work as well as any and all utility company charges and/or fees. 1.10 TEMPORARY POWER A. The Electrical Contractor shall coordinate with the local utility company, the General Contractor and other trades involved to determine requirements for temporary power on this project. No additional charges shall be made to the ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical System General Requirements 16010-3 Stantec Project No. 2042506800 August 24, 2015 Rev. 8/06 Electrical Specifications City of Newport Beach Owner for wiring, connections, poles, fixtures or devices required to facilitate construction. B. The Electrical Contractor shall provide the necessary wiring, connections, service switches, poles, wiring protective devices, lighting fixtures, lamps, outlet devices, disconnect switches, etc., as required for temporary lighting. In addition, a similar system shall be provided for the distribution of single- and three-phase power of voltage levels and adequate ampacity as required to facilitate the construction of the project. These services shall be installed in accordance with requirements of the NEC and OSHA. 1.11 STORAGE AT SITE A. The Contractor shall not receive material or equipment at the job site until ready for installation, or until there is suitable space provided to properly protect equipment from rust, weather, humidity, dust and physical damage. B. Store major electrical equipment (switchboards, panelboards, lighting fixtures, dry type transformers, VFDs, etc.) sealed in original factory wrapping in a clean, dry and conditioned environment protected from the weather. Storage outdoors is not acceptable. 1.12 GUARANTEE The Contractor shall guarantee all labor and materials furnished by him in accordance with state law or the general conditions of the contract, but in no case for a period of less than one year. Certain work and materials shall be guaranteed for a longer period when so specified. Guarantee period shall extend from the time of final acceptance of the installation. The Guarantee shall cover the repair or replacement, without additional cost to the Owner, of any defective material or faulty workmanship. All necessary service to each item and other work requiring specialized training shall be furnished by the Contractor, at no cost to the Owner, for a period of one year, concurrent with the warranty period specified above. This shall not include repair of damage due to fire (unless the fire results from faulty material or workmanship on the part of the Contractor), storm, vandalism, or other factors entirely beyond the control of the Contractor, nor shall it include such routine service as oiling motors, replacing blown fuses (unless caused by defective performance of the equipment), replacing lamps, nor any other work not requiring special skill. The above items pertaining to routine servicing of the equipment and motors, replacing fuses or replacing lamps are the responsibility of the Owner unless a service agreement is made between the Contractor and the Owner. PART 2 -PRODUCTS 2.1 EQUIPMENT AND MATERIAL All materials shall be new and of high quality. All materials of a type for which the Underwriters' Laboratories, Inc. (UL) has established a standard shall be listed by UL and shall bear the UL label. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical System General Requirements 16010-4 Stantec Project No. 2042506800 August 24, 2015 Rev. 8/06 Electrical Specifications City of Newport Beach PART 3 - EXECUTION 3.1 WORKMANSHIP AND COMPLETION OF INSTALLATION A. All work shall be performed by competent mechanics, skilled in their trade, and shall be executed in a thorough and substantial manner. B. The Contractor shall be held responsible for transportation of his materials to and on the job, and for their storage and protection until the final acceptance of the job. C. The Contractor shall be held responsible for timely placing of all conduit and outlet boxes, cabinets and other wiring devices in the walls, ceilings, slabs, beams, etc., as construction progresses. D. Contractor shall furnish all necessary scaffolding, tackle, tools and appurtenances of all kinds, and all labor required for the safe and expeditious execution of his contract. E. All equipment shall be installed in a manner to permit access to parts requiring service. All electrical equipment shall be installed in such a manner as to allow removal for service without disassembly of other equipment, and shall have working clearances as required by NEC. Any large piece of apparatus which is to be installed in any space in the building, and which is too large to fit through finished openings, shall be placed before enclosing structure is completed. Following placement, such apparatus shall be completely protected from damage. F. The Contractor shall, at all times, keep the premises free from accumulations of waste material and packaging debris. This debris shall be removed daily from the construction site. 3.2 CUTTING AND PATCHING A. Where it becomes necessary to drill or cut through any floors, walls or ceilings to permit the installation of any work under this contract, or to repair any defects that may appear prior to the expiration of the warranty, such cutting shall be done under the supervision of the Owner's Representative by the Contractor. After the necessary work has been completed, the damage shall be repaired by the Contractor, who shall pay all costs of such cutting and repairing. B. No joists, beams, girders or columns shall be cut by the Contractor without first obtaining written permission from the Owner's Representative. C. All drilling for expansion bolts, hangers and other supports shall be done by the Contractor, subject to the approval of the Owner's Representative. Labor and materials required to replace or rebuild parts cut or injured shall be furnished at the Contractor's expense, subject to the satisfaction of the Owner's Representative. D. All openings made in fire -rated walls, floors and ceilings shall be patched by the electrical contractor in a manner maintaining the original fire rating. 3.3 COORDINATION ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical System General Requirements 16010-5 Stantec Project No. 2042506800 August 24, 2015 Rev. 8/06 Electrical Specifications City of Newport Beach A. The Contractor shall coordinate the work of the different trades so that interferences between piping, equipment, structural and architectural work shall be avoided. B. The Contractor is responsible for ensuring that all conduit sleeves are timely installed and are sealed, flashed or caulked to the satisfaction of the Owner's Representative. 3.4 MISCELLANEOUS A. Each piece of floor -mounted equipment, such as switchboards, transformers, etc., shall be set on a concrete base. Bases shall not be less than 4 inches high and shall be pinned to the floor. B. The Contractor shall furnish and install vibration isolation means for all equipment and materials furnished under this contract which may transmit perceptible noise or vibration, structure borne or air borne, to occupied areas. C. All transformers and other equipment indicated shall be mounted on 1 -inch -thick cork rib or rubber pads or steel spring isolator units properly sized, spaced and loaded, as specified herein, which in turn shall rest on a 4 -inch minimum concrete base. D. Electrical conduit shall be isolated from all dry type transformers and rotating or reciprocating machinery with flexible metal conduit. Use lengths approximately 10 diameters in length. END OF SECTION ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical System General Requirements 16010-6 Stantec Project No. 2042506800 August 24, 2015 Rev. 8/06 Electrical Specifications City of Newport Beach SECTION 16011 ELECTRICAL SUBMITTAL PROCEDURES 1.1 SECTION INCLUDES A. Section specifies procedural requirements associated with Contractor submittals including: 1. Submittal Schedule. 2. Shop Drawings. 3. Product Data. 4. Samples. 1.2 SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Coordinate each submittal with purchasing, fabrication, testing, delivery, other submittals, and related activities that requires sequential activity. 2. Coordinate transmittal of different submittals involving related elements so processing will not be delayed by need to postpone review of submittals until related submittals are received. 3. Engineer reserves right to withhold action on submittal requiring coordination with other submittals until related submittals are received. 4. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. B. Processing: Allow Engineer sufficient review time so that installation will not be delayed as result of time required to process submittals, including time for resubmittals. 1. Allow not less than (10) ten days for Engineer's review; allow additional time if processing must be delayed to permit coordination with subsequent submittals. 2. If Engineer requires resubmittal of an item, process subsequent submittal in same manner as initial submittal. 3. Allow (10) ten days for processing each resubmittal. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical Submittal Procedures 16011-1 Stantec Project No. 2042506800 August 24, 2015 Rev. 10/05 Electrical Specifications City of Newport Beach 4. Extension of Contract Time not authorized because of failure to transmit submittals to Engineer sufficiently in advance of Work to permit processing. C. Submittal Preparation: Place identification label or title block on each submittal. 1. Furnish adequate space on label, or beside title block on Shop Drawings, to record Contractor's review and approval markings. 2. 3. Include the following information on label or title block: a. Project name: b. Name of Engineer: Stantec Consulting G. Stantec Project No.: d. Date: e. Contractor's name: Supplier's name: g. Manufacturer's name: h. Related Specification Section number: Drawing numbers and detail references, as appropriate: 4. Include such data on cover sheets attached to Product Data, on 8- 1/2"x11"format submittals, and on tags or labels attached to Samples. D. Transmittal: Include transmittal form or letter with each submittal. On transmittal, record relevant information and, if appropriate, requests for data. On form or separate sheet, record deviations from Contract Document requirements, including minor variations and limitations. 2. Include Contractor's certification that information complies with Contract Document requirements. 3. Submittals received from sources other than Contractor will be returned without action. E. Delivery: Mail submittals to: Stantec Consulting, Inc. 8211 S 48th St. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical Submittal Procedures 16011-2 Stantec Project No. 2042505800 August 24, 2015 Rev. 10/05 Electrical Specifications City of Newport Beach Phoenix, AZ 85044 Attn: Marty Armenta 2. If other methods of delivery are used, address submittals to: Stantec Consulting, Inc. 8211 S 48th St. Phoenix, AZ 85044 Attn: Marty Armenta F. Except for information -type submittals, Engineer will review and mark submittals to indicate actions taken and instructions to Contractor, and then return appropriate number of copies to Contractor. G. Engineer will affix to submittals self-explanatory stamp, marked to indicate one of the following: If marked "Reviewed," that portion of Work represented by submittal may proceed provided it complies with requirements of Contract Documents; final acceptance will depend on compliance. 2. If marked "Reviewed as Modified," that portion of Work represented by submittal may proceed provided it complies with noted modifications and requirements of Contract Documents; final acceptance will depend on compliance. 3. If marked "Revise and Resubmit," do not proceed with purchasing, fabrication, delivery, installation, or other similar Work activities associated with submittal. Revise submittal in accordance with notations; resubmit without delay. 4. If marked "Not Reviewed," do not proceed with purchasing, fabrication, delivery, installation, or other similar Work activities associated with submittal. Prepare new submittal in accordance with notations; resubmit without delay. H. Engineer will review Product List, Submittal Schedule, and other similar information -type submittals to determine if Engineer has objections to information contained therein. If it has no objections, Engineer will mark submittals "Action Not Required," and then return appropriate number of copies to Contractor. 1.3 SUBMITTAL SCHEDULE A. Not later than date of submission of Contractor's Construction Schedule, submit (5) five copies of Contractor's Submittal Schedule. B. Prepare schedule in form of list that identifies each submittal as follows: ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical Submittal Procedures 16011-3 Stantec Project No. 20425668-00 August 24, 2015 Rev. 10/05 Electrical Specifications City of Newport Beach Brief description of submittal. 2. Related Specification Section number. 3. Planned date of submission. C. Unless Engineer objects to Contractor's initial Submittal Schedule, 1 copy returned to Contractor marked "Action Not Required." D. If an event occurs which adversely affects Submittal Schedule, submit (5) five copies of revised schedule within 5 days of event giving rise to change. Unless Engineer objects to such revised document, 1 copy returned marked "Action Not Required." 1.4 SHOP DRAWINGS A. Shop Drawings include fabrication and installation drawings, setting diagrams, schedules, patterns, templates, and similar documents. As minimum, furnish: 1. Dimensions, including those established by field measurement. 2. Identification of materials. 3. Statement indicating compliance with specified requirements. 4. Description of coordination requirements. 5. Product and manufacturer's name, if applicable. B. Submit newly prepared documents drawn to accurate scale. Do not reproduce Contract Documents or copy standard information as basis of Shop Drawings; standard information prepared without specific reference to Project not considered Shop Drawings. C. Collect Shop Drawings into single submittal for each element of construction. D. Highlight, encircle, or otherwise indicate deviations from Contract Documents. E. Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2" x 11," but no larger than 30" x 42." F. Unless otherwise specified, submit 4 reproducible prints. 1.5 PRODUCT DATA A. Product Data includes printed information such as manufacturer's installation instructions, catalog cuts, and standard color charts. As minimum, include data which documents: Manufacturer's printed recommendations. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical Submittal Procedures 16011-4 Stantec Project No. 2042506600 August 24, 2015 Rev. 10/05 Electrical Specifications City of Newport Beach 2. Compliance with specified industry and trade association standards. 3. Compliance with recognized testing agency standards. 4. Application of testing agency labels and seals. 5. Notation of coordination requirements. B. Where special data must be prepared because standard printed data is not suitable for use, submit as "Shop Drawings." C. Collect Product Data into single submittal for each element of construction. D. Highlight, encircle, or otherwise indicate deviations from Contract Documents. E. If Product Data includes information on materials or options, which are not required, mark copies to indicate applicable information. F. Unless otherwise specified, submit (6) six copies of each submittal; 2 copies returned to Contractor. 1.6 SAMPLES A. Submit Samples, which are physically identical to products Contractor proposes to include in Work. Samples include, but not limited to, full- and reduced -size sections of manufactured or fabricated components, cuts or containers of material and range -sets showing color, pattern, and texture. B. Mount, display, or package Samples to facilitate review. Mark Samples to identify: 1. Generic description of Sample. 2. Product and manufacturer's name. 3. Compliance with specified requirements. C. Submit Samples for: 1. Review of shape, arrangement, type, color, pattern and texture. 2. Comparison of these characteristics with other elements. 3. Subsequent comparison of these characteristics with products delivered and installed. D. Unless a greater number is specified elsewhere or needed to illustrate variations in color, pattern, texture or other characteristics inherent in material represented, ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical Submittal Procedures 16011-5 Stantec Project No. 2042506800 August 24, 2015 Rev. 10/05 Electrical Specifications City of Newport Beach submit (3) three sets of Samples; either 1 set will be returned to Contractor or, at Engineer's option, Contractor will be notified of results of Engineer's review. E. Special field -erected Samples may be specified elsewhere in Specifications. Such Samples are full-size examples erected on Project site to illustrate products proposed for inclusion in Work and to establish standard by which Engineer will evaluate completed Work. END OF SECTION ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical Submittal Procedures 16011-6 Stantec Project No. 2042506600 August 24, 2015 Rev. 10/05 Electrical Specifications City of Newport Beach SECTION 16012 ELECTRICAL PRODUCT SUBSTITUTION PROCEDURES 1.01 SECTION INCLUDES Section specifies procedures and requirements affecting substitutions proposed by Contractor after the Contract date. 1.02 DEFINITION Where the term "substitutions" is used in this section, it means materials, equipment, or methods of construction which differ from the requirements in the Contract Documents. The term "substitutions" does not include: 1. Requirements provided by Addenda issued prior to the Contract date. 2. Changes made at the direction of Engineer. 3. Changes ordered by governing authorities. 4. Options described in the Contract Documents. 1.03 CRITERIA Substitutions will be considered in the event that: 1. They are related to "or equal" or "or approved equal" provisions in the Contract Documents. 2. The specified requirements cannot be provided within the Contract Time due to causes beyond the Contractor's control. 3. The owner will gain a substantial advantage if substitutions are approved. 1.04 WARRANTY By proposing substitutions, Contractor warrants the following to Owner and Engineer: 1. Substitutions comply with applicable codes and requirements of governing authorities. 2. Substitutions comply with or exceed quality assurance requirements, industry standards, and other similar criteria affecting that specified. 3. Strength, capacity, efficiency, durability, ease of maintenance, aesthetic effect, and other similar characteristics of substitutions are equal or superior to that specified. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical Product Substitution Procedures 16012-1 Stantec Project No. 2042506800 August 24, 2015 Rev. 8/06 Electrical Specifications City of Newport Beach 4. Substitutions are appropriate for the intended use and have a record of performance equal or superior to that specified. 5. Substitutions are compatible with other specified materials, equipment, and methods. 6. Contractor agrees to promptly correct without an extension of the contract time or additional cost to the owner work affected by substitutions which are subsequently determined to be non-compliant with the contract documents. 1.05 SUBMITTALS A. Submit three (3) copies of: 1. Request for Substitution Form (see attached) 2. Product information, sketches, performance charts, and other data which describes the proposed substitutions. 3. Data which compares characteristics of the proposed substitutions with the specified requirements. 4. If appropriate, evidence that the specified requirements cannot be provided within Contract Time. 5. Data which describes the reasons for proposing substitution. B. Such submittals do not relieve Contractor of obligation to later furnish shop drawings, product data, samples, or other submittals specified in the contract documents. 1.06 ENGINEER'S REVIEW A. Engineer will review submittals and either notify Contractor of approval or rejection of proposed substitutions or describe additional data that must be submitted. B. If Engineer does not respond within ten (10) days, comply with the specified requirements. 1.07 ATTACHMENT Form of Request for Substitution is part of this Section. END OF SECTION ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical Product Substitution Procedures 16012-2 Stantec Project No. 2042506800 August 24, 2015 Rev. 8/06 Electrical Specifications City of Newport Beach TO: Project Identification: REQUEST FOR SUBSTITUTION Request No. FROM: Contractor requests Engineer's approval of the following substitution: Reason for Request: () "Or equal" or "or approved equal" provision in Contract Documents. () Specified requirements cannot be provided within Contract Time. (Evidence is attached.) () Advantage to Owner as follows: () Contract Sum will be decreased $ ((3 Contract Time will be decreased days. Other advantage. (Descriptions and calculations are attached.) () Other reason. (Descriptions and calculations are attached.) Such request is based on Contractor's warranty and other provisions provided in Section 16020. Other data called for in Section 16020 are also attached. la (Name) (Signature) Date: --------------------------------------------------------------------- (Reserved for Owner's and Engineer's use) Owner's and Engineer's Response: () Owner and Engineer approve Contractor's request for substitution. (Such approval is based on provisions provided in Section 16020.) () Engineer rejects Contractor's request for substitution. () Prior to further consideration, Engineer requires Contractor to submit additional information called for in attachment. ENGINEER By: (Name) (Signature) Date: OWNER ZONE It PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Electrical Product Substitution Procedures 16012-3 Stantec Project No. 2042506800 August 24, 2015 Rev. 8/06 SECTION 16030 EQUIPMENT INSTALLATION PART 1 -GENERAL 1.1 SECTION INCLUDES Electrical Specifications City of Newport Beach A. Section specifies receiving, unloading, storing, installing, connecting electrical circuits, and placing in operation all electrical equipment, including but not limited to the following: Free standing 18 Pulse Variable Frequency Drive 1.2 RECEIVING, STORAGE, AND HANDLING A. Receiving: Receive, uncrate, and inspect equipment for defects or damage. If defective or damaged equipment is discovered take necessary action to repair or replace equipment. Notify Architect if project schedule will be affected. B. Storage: Store equipment in dry, clean, and secure area until time of installation. C. Handling: Handle equipment in accordance with manufacturer's instructions. Use lifting points where provided to move equipment. Protect painted and machined surfaces where exposed. PART 2 -PRODUCTS Not applicable PART 3 - EXECUTION 3.1 GENERAL INSTALLATION A. Identification: Comply with Section 16195. B. Cleaning: Clean interior of enclosures prior to installation of components or pulling conductors. C. Enclosure Application: NEMA 1 for indoor locations unless indicated otherwise on Drawings. 2. NEMA 3R for outdoor installations. 3.2 FLOOR OR PAD MOUNTED EQUIPMENT ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Equipment Installation 16030-1 Stantec Project No. 2042506800 August 24, 2015 Rev. 8/06 Electrical Specifications City of Newport Beach A. General: Install floor sills, anchor bolts, shims, and hardware required to level, align, secure, and connect equipment components in accordance with manufacturer's instructions. Make electrical connections in accordance with Section 16121 for supply and load circuits and leave items in operating condition. END OF SECTION ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Equipment Installation 16030-2 Stantec Project No. 2042506800 August 24, 2015 Rev. 8/06 Electrical Specifications City of Newport Beach SECTION 16111 METALLIC CONDUIT AND FITTINGS PART 1 -GENERAL 1.1 SECTION INCLUDES A. Galvanized rigid steel conduit (GRC). B. Electrical metallic tubing (EMT). C. Intermediate metal conduit (IMC). D. Flexible metal conduit. E. Liquidtight flexible metal conduit. F. Associated fittings. 1.2 QUALITY ASSURANCE A. Furnish conduit and fittings bearing UL labels. B. Furnish conduit and fittings bearing label of a Nationally Recognized Testing Laboratory (NRTL) as defined in OSHA Regulation 1910.7. PART 2 -PRODUCTS 2.1 CONDUIT A. GRC: ANSI C80.1 and UL 6, hot dipped galvanized, zinc metalized or sheradized, heavy wall, steel. B. EMT: ANSI C80.3 and UL 797, hot dipped galvanized or electro -galvanized thin- wall steel tubing. C. IMC: ANSI C80.6 and UL 1242, hot dipped or electro -galvanized intermediate - wall steel. D. Flexible Conduit: Provide flexible conduit sized 1-1/4 inches and smaller that is UL approved for use as a grounding conductor. 1. Flexible Metal (Greenfield): UL 1, hot dipped or electro -galvanized steel. 2. Liquidtight Flexible Metal Conduit (Sealtite): UL 360, hot dipped or electro -galvanized steel with thermoplastic outer covering. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Metallic Conduit and Fittings 16111-1 Stantec Project No. 2042506800 August 24, 2015 Rev. 2/04 Electrical Specifications City of Newport Beach 2.2 FITTINGS A. Fittings: UL 5148. Provide fittings of same type by same manufacturer. B. Conduit Bodies: 1. GRC and EMT: Zinc coated, cast malleable, ferrous metal, threaded fittings, Appleton "Form 35 Unilets" or Crouse -Hinds "Form 7 Condulets." 2. Conduits 1-1/4 Inch and Larger: Cast malleable or aluminum "Mogul' size bodies. 3. Gaskets: Where installed outdoors or in areas with gasketed enclosures, furnish neoprene cover gasket. C. Insulated Bushings: 1. Thermoplastic: Appleton "BBU," O-Z/Gedney "IB," or Thomas & Betts "510" Series. 2. Thermosetting Phenolic: O-Z/Gedney "A." 3. Grounding: O-Z/Gedney "BI -G." D. EMT Connectors and Couplings: Compression ring type, zinc coated, "rain tight," insulated, Thomas & Betts "5100-5600" series or Appleton "86T" and "957 series. E. Flexible Connectors: Provide flexible conduit fittings sized 1-1/4 inches and smaller that are UL approved for use as a grounding device. 1. Metal: Thomas & Betts "3100" series "Tite Bite," insulated. 2. Liquidtight Metal: Thomas & Betts "5200/5300" series or Appleton "ST" series, insulated. F. Sealing Hubs: Appleton "HUB" or "HUB -U" series or Thomas & Betts "370" series. G. Expansion Fittings: 1. Exposed: O-Z/Gedney type "AX" or "EX" or Appleton type "XJ" with bonding jumper. 2. Concrete Embedded: O-Z/Gedney "DX." H. Unions: Appleton type "EC" or Thomas & Betts "670/680" series "Erickson" coupling. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Metallic Conduit and Fittings 16111-2 Stantec Project No. 2042506800 August 24, 2015 Rev. 2/04 Electrical Specifications City of Newport Beach Seals: Provide seals with interior cross section to allow 40% wire fill capacity. 1. Enclosure Termination and Stub -ups Into Switchboards, Distribution Panels, and Other Similar Locations: O-Z/Gedney "CSB" series sealing bushing. 2. "In -Line": Gasketed "C" conduit body, filled with Dow Corning "Fire Stop" sealant. 3. Hazardous Area Seals: Appleton type "EYSEF", "EYDEF", "ESU" or "SF" or Crouse -Hinds type "EYSX", "EZS" or "EYDX" with manufacturer's recommended fiber filler and cement. 4. Miscellaneous Fittings: Locknuts, caps, plugs, reducers, elbows, and other accessories required for a complete installation. PART 3 - EXECUTION 3.1 INSTALLATION A. General: 1. Do not make unnecessary bends or offsets. 2. Do not heat conduits for making bends or bend conduit through more than 90 degrees of are. 3. Install conduits so that vertical runs are plumb and horizontal runs are level and parallel or perpendicular to principal structural features. 4. Maintain 6 -inch clearance from steam lines, hot water lines, flues, and other heat producing lines or devices where practicable. 5. Make up joints tight and do not use running threads. 6. Clean inside of conduits and swab dry before installing conductors. 7. Support conduits 2-1/2" and smaller in accordance with NEC. For conduits 3" and larger support at intervals of 10'-0" or less. B. Bending Radius: Comply with NEC 344.24 for minimum bending radius on both field bends and factory bends. C. Concrete Embedded: Anchor conduit to reinforcing in concrete; plug or cap open ends until concrete and masonry operations are completed. D. Below Grade: Encase conduits installed below grade in a 2 -inch concrete envelope unless noted otherwise on Drawings. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Metallic Conduit and Fittings 16111-3 Stantec Project No. 2042506800 August 24, 2015 Rev. 2/04 Electrical Specifications City of Newport Beach E. Conduit Terminations (GRC or IMC): NEMA 1 Areas, one interior and one exterior locknut with thermoplastic bushing. 2. Gasketed Enclosure Areas: One interior locknut and one exterior -sealing locknut with appropriate type bushing. 3. Outdoor Areas: Use sealing hubs in top and sides of enclosures. Use an exterior locknut, interior sealing locknut, and bushing in bottom of enclosures. 5. Service Entrances and Circuits above 600 Volts: Same as specified for NEMA 1 areas except use grounding bushing. F. Conduit Terminations (EMT): Compression ring type connectors with interior locknut. G. Expansion Fittings: Furnish for building expansion joints where conduit is rigidly attached to building structure or rod supported within 18 inches of structure. H. Seals: Install seals where conduit passes from a conditioned space into an unconditioned space, in enclosures mounted outdoors, and in conduits entering structures from outside or underground. 3.2 APPLICATION A. GRC : 1. Below grade, under load bearing concrete slabs and asphalt roadways unless concrete encased. 2. Below grade sweeps up to finish floor or grade. 3. Above -grade areas subject to physical damage. 4. May be substituted for IMC in all sizes and uses. 5. Do not use GRC conduit smaller than 3/4 inch. B. EMT: All areas not subject to physical damage except in concrete slabs and below grad 2. Do not use EMT conduit smaller than % inch. C. IMC: ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Metallic Conduit and Fittings 16111-4 Stantec Project No. 2042506800 August 24, 2015 Rev. 2/04 Electrical Specifications City of Newport Beach Below grade, not under load bearing concrete slabs or asphalt roadways and sweeps up to finish floor or grade in same application. 2. Do not use IMC conduit smaller than % inch. D. Flexible Metal Conduit: Use for final connection to vibrating equipment, enclosed transformers, lay -in lighting fixtures, lighting fixtures with flexible supports, and equipment or devices requiring adjustment, such as motors and limit switches. Greenfield: a. Indoor areas where gasketed enclosures are not required. 2. Liquidtight: a. Outdoor areas. b. Where gasketed enclosures are required. END OF SECTION ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Metallic Conduit and Fittings 16111-5 Stantec Project No. 2042506800 August 24, 2015 Rev. 2104 Electrical Specifications City of Newport Beach SECTION 16121 LOW VOLTAGE COPPER WIRE AND CABLE PART 1 -GENERAL 1.1 SECTION INCLUDES A. Section specifies copper wire, cable, associated connectors, and termination hardware used on systems operating at 600 volts or less. 1.2 QUALITY ASSURANCE A. Furnish wire, cable, associated connectors, and termination hardware bearing UL label. B. Furnish wire, cable, associated connectors, and termination hardware bearing the label of, or listed by a Nationally Recognized Testing Laboratory (NRTL) as defined in OSHA Regulation 1910.7. PART 2 -PRODUCTS 2.1 CONDUCTORS A. Soft drawn, annealed copper, Class "B" stranding. 2.2 POWER WIRE AND CABLE A. Acceptable Manufacturers: Single source manufacture is required for power wire and cable specified in this Section. B. General: Conform to UL 83 and NEMA WC 5. 2.3 SIGNAL CABLE August Single Conductor: Type THWN-THHN (75°C wet/90°C dry) or XHHW (75°C wet/90°C dry) cable rated 600 volts. A. Type PLCC (Power Limited Control Cable): General: Rated 300 volts, 90 deg. C, single pair (pr), triad (tri.) or quad (QD.). 2. Single Pr., Tri. Or Qd.: No. 16 AWG, stranded copper conductors, twisted and covered with a 100% aluminum-mylar shield, with drain wire and overall PVC jacket. 3. Multiple Pr., Tri. Or Qd.: Same as single construction except No. 20 AWG conductors and an overall aluminum-mylar shield in addition to individual shields. 16121-1 Stantec Project No. 2042506800 Rev. 10105 Electrical Specifications City of Newport Beach 4. Direct Burial Cable: Same as single or multiple constructions with addition of aluminum sheath and weatherproof outer jacket. 2.4 CONNECTORS AND TERMINALS A. Insulated Crimp Type Connectors and Terminals: Nylon insulated, Burndy "INSULINK" and "INSULUG," or Thomas & Betts "Sta-Kon." B. Split Bolts: High -conductivity copper alloy, Burndy "SERVIT" or Thomas & Betts "Split -Bolt." C. Compression Terminals: Copper long barrel, Burndy "HYLUG" or Thomas & Betts "Color -Keyed," or aluminum alloy Buchanan "Cytolok CL500" series. D. Bolted Terminals: Cast copper alloy, Burndy "QIKLUG" or Thomas & Betts "Locktite." 2.5 MISCELLANEOUS COMPONENTS A. Tape: 1. Vinyl Plastic: 3M "Scotch 33+" or "Scotch 88." 2. Varnished Cambric (VC): 3M 'Irvington 2920." 3. Friction: Black friction tape. 4. Color Coding: 3M "Scotch 35." 5. Fireproofing: 3M "Scotch 77." 6. High Temperature Glass Cloth: 3M "Scotch 69" (1800C). 7. Electrical Insulation Putty: 3M "Scotchfil." B. Splice Kits: 3M "Scotchcast 82 Series". C. Pulling Lubricants: Ideal "Yellow 77" or Polywater "Type J." D. Wire Markers: 1. Individual Wires: Write -on type with self -laminating vinyl sleeves or City Approved Equal. 2. Multi -Conductor Cables or Groups of Wires as a Cable: Nylon tie on marker, Thomas & Betts "Nylon I.D. Ties Ty -Raps." E. Wire and Cable Ties: Thomas & Betts "Ty -Raps." ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Low Voltage Copper Wire and Cable 16121-2 Stantec Project No. 2042506800 August 24, 2015 Rev. 10/05 Electrical Specifications City of Newport Beach PART 3 - EXECUTION 3.1 INSTALLATION A. Wire and Cable: General: a. Limit pulling tension to maximum values recommended by manufacturer. b. Do not pull through boxes, fittings, or enclosures where change of raceway alignment or direction occurs. Use of shieves is acceptable. C. Do not cut strands from conductors to fit lugs or terminals d. Do not splice control or signal wiring. B. Compression Connectors and Terminals: Install on wire and cable with approved tool and die to recommended compression pressure. C. Bolted Connectors and Terminals: 1. Torque to manufacturer's recommended foot-pounds for size and class of connector. 2. Where manufacturer's published torquing requirements are not indicated, tighten connectors and terminals to comply with UL 486A torque values. 3. Use plated bolts and lock washers on terminal connections. D. Wiring in Enclosures: Form and tie conductors in panelboards, cabinets, control panels, motor controllers, wireways, and wiring troughs in a neat and orderly manner. 2. Use Thomas & Betts wire and cable ties of appropriate size and type. 3. Limit spacing between ties to not more than 6 inches. E. Taping: 1. Above Ground and Dry Locations: Fill voids and irregularities with half - lapped layers of VC (two minimum) or electrical insulation putty. Insulate with three half -lapped layers of vinyl plastic and one half -lapped layer of friction tape. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Low Voltage Copper Wire and Cable 16121-3 Stantec Project No. 2042506800 August 24, 2015 Rev. 10105 Electrical Specifications City of Newport Beach 2. Below Ground and Wet Locations: In lieu of taping protect connection with resin splicing kit. 3. Fireproofing: Same as specified for above ground and dry locations plus one half -lapped layer of fireproofing. F. System Separation: Control and Signal Wiring: Provide separate raceways or barriers in raceways to separate each of the following systems from other wiring: a. 120 volt control wiring. b. Analog. C. 4-20 Miliamp / Digital 3.2 APPLICATION A. Wire and Cable: THWN-THHN or XHHW for power wiring through No. 2 AWG, and control wiring in conduit. XHHW for sizes above No. 2 AWG in conduit. Bare copper for ground conductors, which penetrate finished floor or grade and ground loops. No. 12 AWG minimum for power circuits and No. 16 AWG minimum for control circuits unless noted otherwise on Drawings. B. Connectors and Terminals: Motor Terminations (Single Conductor Circuits): Insulated ring tongue crimp type connectors or compression terminals, connected back-to-back with plated bolt, nut and lockwasher, and then taped. Where strap screw devices are present use split tongue connectors in lieu of ring tongue connectors. Motor Terminations (Parallel Conductor Circuits): Gang compression terminals on a 1/4 -inch -thick copper bar. Transformer Terminations: Split bolt connectors for pigtail connections. Compression terminals for all other connections. C. Multiconductor Control Cable: 16 AWG conductors except 18 AWG may be used in control enclosures. 3.3 COLOR CODING ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Low Voltage Copper Wire and Cable 16121-4 Stantec Project No. 2042506800 August 24, 2015 Rev. 10/05 Electrical Specifications City of Newport Beach A. Power Wiring: Provide color coding for single and multi -conductor power circuits as follows: Voltage mA QB mC Neutral 240 volts Black Red Blue White and below 250 - 600 volts Brown Orange Yellow Natural Gray For specified insulations and jackets not manufactured with integral colors, use conductors with black insulation or jacket and color coding tape. 2. Color code conductors entering boxes, troughs, cabinets, and other enclosures. 3. Color code conductors in wireways, trenches, and other locations where conductors are continuously accessible at intervals not exceeding 5 feet. Insulated Equipment Ground: Green. C. Control Cables: Single Conductors: Red (AC), Orange (24 VDC +), Grey (24 VDC -), Red (12 vdc +), Black (12 VDC -). 2. Multi -conductor: Comply with ICEA S-66-524, "Method 1", Table K-2. Belden 9463 or City approved equal. D. Signal Cables: Belden 9463 or City approved equal and comply with ICEA S-82- 552, "Method 9", Table E-2. In addition, number multiple pairs, triads, and quads. 3.4 IDENTIFICATION A. Cables: Attach nylon tie on markers on both ends of cable denoting both cable type and number as noted on Drawings. Where a number of 1/C wires are identified as a single cable, group conductors using "Ty -Raps" and attach markers. Conductor Identification: Attach conductor markers on both ends of wire and label as indicated on Drawings. END OF SECTION ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Low Voltage Copper Wire and Cable 16121-5 Stantec Project No. 2042506600 August 24, 2015 Rev. 10/05 SECTION 16195 IDENTIFICATION PART 1 -GENERAL 1.1 SUMMARY Electrical Specifications City of Newport Beach A. Section Includes: Identification and information signs and warning signs for electrical equipment. B. Related Sections: Additional identification requirements for specific items are specified elsewhere in Division 16. See Specification Section 16121 — Low Voltage Copper Wire and Cable for wire identification. 1.2 APPLICABLE STANDARDS A. OSHA Subpart S. PART 2 -PRODUCTS 2.1 MATERIALS A. Identification and Information Signs: 1. Micro surfaced Impact Acrylic, 1/16" thickness, 2 -ply, white background with engraved black letters, suited for outdoor use. a. Rowmark Laser Max LM922-204 or equal. 2. 1/2 -inch minimum text size for equipment designations. 3. 1/4 -inch minimum text size for other text. 4. Two 1/8" mounting holes centered 3/16" from short edge of tag. 5. 3M 486 adhesive tape applied to the back of the tags. B. Warning Signs: OSHA Subpart J - General Environmental Controls, Section 1910.145. 2. Signs provided with equipment are acceptable provided all necessary signs are issued with equipment. 3. Provide identical signs for each application. 4. High voltage warning signs to read "DANGER - HIGH VOLTAGE - KEEP OUT." ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Identification 16195-1 Stantec Project No. 2042506800 August 24, 2015 Rev. 8/06 Electrical Specifications City of Newport Beach PART 3 - EXECUTION 3.1 INSTALLATION A. Identification and Information Signs: 1. Location: Place signs on the following equipment: a. Power distribution switchboards. b. Power distribution panels. C. Panelboards. d. Dry -type transformers. e. Individually mounted motor controllers and/or VFDs. f. Control panels. g. Safety/disconnect switches. 2. Minimum Information on Sign: Include the following information: a. Equipment Designation. b. Operating Voltage. C. Served From equipment designation. d. For branch circuit panelboards, include color coding for phase, neutral, and ground conductors for each voltage system used in accordance with NEC paragraph 210-4(d). 3. Equipment Served Identification: Include Equipment Served on identification and information signs for the following equipment: a. Dry -type transformers. b. Individually mounted motor controllers. C. Safety/disconnect switches. B. Panelboard Directories. Provide fully completed typewritten circuit directory cards. Identify each circuit using descriptions contained in panelboard schedules on Drawings. C. Mounting: Mount signs to clean, dry equipment surface with an epoxy adhesive. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Identification 16195-2 Stantec Project No. 2042506800 August 24, 2015 Rev. 8106 Electrical Specifications City of Newport Beach END OF SECTION ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Identification 16195-3 Stantec Project No. 2042506800 August 24, 2015 Rev. 8106 SECTION 16484 VARIABLE FREQUENCY DRIVE (VFD) PART 1 - GENERAL 1.1 SCOPE Electrical specifications City of Newport Beach A. The work of this section consists of furnishing a Variable Frequency Drive as specified herein and shown on the drawings. Any changes from this specification shall be submitted to the Owner's Representative in writing for approval a minimum of 14 days prior to bid. B. The supplier of the VFD must be factory authorized for component level warranty repair work. C. Factory trained service engineer shall be available for onsite breakdown service within 24 hours of notification at any location within the continental USA. 1.2 RELATED WORK D. Section 16010 Electrical System General Requirements E. Section 16011 Submittal Procedures Section 16012 Electrical Product Substitution Procedures G. Section 16030 Equipment Installation H. Section 16121 Low Voltage Copper Wire and Cable Section 16195 Identification J. Section 16950 Acceptance Testing and Calibration 1.3 SUBMITTALS K. Submit manufacturer's product data in accordance with Section 01300 with control schematics including control devices operating in conjunction with the VFD. L. Wiring diagrams and Manufacturer's recommended spare parts list shall be included with the submittal. M. Dimensioned drawings with significant detail for locating conduit stub ups and field wiring. N. Installation and Maintenance manuals shall be shipped with the VFD and shall include detailed installation, start-up, and checkout procedures and adjustment and troubleshooting information. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Variable Frequency Drive (VFD) 16484-1 Stantec Project No. 2042506800 AUGUST 24, 2015 Rev. 12/05 Electrical Specifications City of Newport Beach O. Submit evidence that the equipment will be provided with all specified controls, features, options and accessories. P. Submit certification that the equipment is designed and manufactured in conformance with all applicable codes and standards. Q. Certified copies of test results shall be submitted for all tests specified in this section. 1.4 SYSTEM HARMONIC DISTORTION STUDY R. The Contractor shall gather all data on the electric utility service, connected station loads and station operation. The Contractor shall verify transformer size, X/R ratio, available fault current and fault capacity. S. The Contractor shall prepare a harmonic distortion study to determine voltage and current harmonics at the point of connection. The study shall include various VFD speeds and load settings. T. The Contractor shall submit confirmation the system (i.e. VFD and Active filter combination) limits disturbances below 5% THD for voltage and below the current distortion established in IEEE — 519 Table 10.3. U. The "point of connection" shall be the line side of the main service breaker on the line side of the VFD. 1.5 CODES AND STANDARDS V. The VFD shall comply with the applicable requirements of the latest standards of ANSI, IEEE, NEMA, the NEC, and be UUCSA listed. 1.6 EXPERIENCE W. The manufacturer shall have been in production of this type of equipment for a period of at least 5 years. X. The manufacturer shall provide to the Owner's Representative a list of similar installations and applications with similar ratings to verify this experience level. 1.7 GUARANTEE Y. The Contractor shall guarantee the VFD in accordance with the general provisions of the contract or state law but in no case for a period of less than two years. PART 2 PRODUCTS ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE Variable Frequency Drive (VFD) AUGUST 24, 2015 16484-2 Stantec Project No. 2042506800 Rev. 12/05 Electrical Specifications City of Newport Beach 2.1 ACCEPTABLE MANUFACTURERS A. Toshiba ( Model W7B430KAADW) B. No equal 2.2 MOTOR DATA A. The AC drive shall be designed to operate an existing electrical motor with a nameplate rating of 300 horse power, 480V three phase, 361.0 full load amps, a 1.15 service factor, 1750 rpm, 90% power factor and a 94% efficiency. B. Driven System Data: (300 HP pump) Quantity RPM Description 1 each 1750 Multi -Stage Vertical Turbine Pump 2.3 CONSTRUCTION A. The VFD shall convert fixed utility voltage and frequency to variable voltage and frequency for AC motor speed control, adjustable from 1.0 to 60.0 HZ. B. The VFD shall produce adjustable voltage and frequency via a two-step process. The first section shall utilize a three-phase diode bridge rectifier to convert AC to fixed voltage DC. The rectifier shall maintain AC line power factor at 95% or better, at any combination of speed or load, including both displacement and distortion components. The second section shall utilize a eighteen (18) step Pulse Width Modulated inverter that converts the fixed potential DC into a variable voltage, variable frequency AC waveform suitable for a standard three phase induction motor. VFD techniques other than pulse width modulated (PWM) technology will not be considered. The Contractor shall be responsible for ensuring compatibility of the VFD with the actual pump motor NEMA design. C. Insulated Gate Bipolar Transistors (IGBTs) shall be used in the inverter section. Bipolar Junction Transistors, GTOs or SCRs will not be acceptable. D. The amp rating of the transistors used in each phase of the inverter section shall be rated a minimum of 2.75 times the continuous amp rating of the VFD. E. Full load efficiency shall be in excess of 95% at rated output frequency. Efficiency shall exceed 80% at 50% speed and load. F. The adjustable frequency and voltage output shall provide constant volts per hertz excitation to the motor terminals, up to (60 HZ). The rated continuous output current of the VFD shall not be less than 1.10 times the full load amp rating of the motor to which the VFD is applied. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Variable Frequency Drive (VFD) 16484-3 Stantec Project No. 2042506800 AUGUST 24, 2015 Rev. 12/05 Electrical Specifications City of Newport Beach G. The logic section of the VFD shall be microprocessor based. In addition, VFD shall have a common logic card throughout the HP range required. Logic card, or control board, must be interchangeable. Logic card shall be a surface mounted device with a protective coating. H. All parts and sub -assemblies shall be completely front accessible and easily removable. All printed circuit board connectors must be polarized and stamped with identifiers to match up with printed circuit board designators. For safety purpose, local operator control interfaces shall be 120 VAC or less. VFD shall accept speed reference inputs for 4 to 20 mA, 250 ohms input impedance. Input reference offset and gain shall be programmable to interface with a variety of transducers. Input A/D converter should be a least 10 bit to ensure smooth control of the output frequency. K. Digital Operator/keypad shall be included for monitor indication and ease of troubleshooting. Unit must be visible through the cover of the VFD. Digital Operator shall include the following minimum functions: Motor speed indication in RPM, percent speed, or other engineering units, selectable and scalable through software programming of the VFD. 2. Speed Reference Signal. 3. Fault trip annunciation. 4. Output current accurate to within approximately 3% regardless of frequency. 5. Output Power in kW. 6. Output Voltage. Bus Voltage. 8. The keypad operator shall display in text programmable in English or Spanish language for ease of understanding for the operators. The alphanumeric display shall be a minimum of 56 characters. Coded non - text displays or LED indicators are not acceptable. L. The VFD shall have a form C "Fault' contacts rated at least 1.OA, at 250 VAC available for customer use. M. The VFD shall have a normally open "Run" contact rated at least 1.OA, at 250 VAC available for customer use. N. All contact/switch inputs into the VFD must be completely isolated from the analog reference signal. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Variable Frequency Drive (VFD) 16464-4 Stantec Project No. 2042506800 AUGUST 24, 2015 Rev. 12/05 Electrical Specifications City of Newport Beach O. A three phase input line reactor shall be supplied with the VFD. P. VFD shall be provided with RFI filtering. Q. Total voltage harmonic distortion, THD shall be a maximum of 5% measured at the point of connection. R. Total current harmonic distortion shall not exceed the values in Table 10.3 of IEEE — 519 at the point of connection. 2.4 OPERATING CONDITIONS A. Conditions of operation shall include: Service factor for current capacity of 1.0 with 120% overload capacity for 60 seconds at maximum ambient temperature. 2. Incoming three phase, 460 VAC power, +/- 10% from nominal, 60 HZ. 3. AC line frequency variation less than +1- 5% from nominal. Operating temperature range from +14 to +140 degree Fahrenheit. Contractor shall provide all necessary auxiliary equipment required for continuous operation within this temperature range. If auxiliary cooling, i.e. air conditioning is required, calculations showing proper size unit required to maintain temperature at specified limits at 100% load must be submitted. Air inlet, filter and exhaust fan shall be provided as a minimum for the VFD section in the motor control center. The VFD manufacturer shall coordinate with the Contractor and motor control center manufacturer to provide all information required for the installation of an exhaust fan and/or auxiliary cooling equipment. a. Storage temperature range from -4 to 140 degree Fahrenheit. b. Humidity rating of 90% RH, non -condensing. C. Altitude of 3,300 feet or less. 2.5 PERFORMANCE/OPERATION A. Three-phase power applied to the motor shall be real time generated sine -coded Pulse Width Modulated to maximize available torque per amp and minimize unnecessary motor heating. In addition, waveform must be generated by an asynchronous carrier to eliminate torque pulsation and eliminate the irritation of "gear -shift" type audible noise fluctuations as the motor speed is varied. B. Output voltage fluctuations due to input voltage variations shall be eliminated by utilization of a voltage regulation scheme. Regulation must be at least +/- 3%. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Variable Frequency Drive (VFD) 16484-5 Stantec Project No. 2042506800 AUGUST 24, 2015 Rev. 12/05 Electrical Specifications City of Newport Beach C. VFD must be able to start into a rotating load. Unit should perform "speed search" type operation in which the VFD will automatically decrease the output frequency to track motor speed. Once the VFD output is precisely matched to the motor RPM, the unit will smoothly return the motor to the speed set point at full rated motor torque, according to the programmed acceleration ramp. Units that trip or attempt to brake the motor by regenerative current limit will be unacceptable. D. 2.0 second power loss ride through capability. In the event of a complete loss (2 sec. and less) and restoration of three phase input power, the unit shall continue operation without requiring any fault reset. This feature shall be defeatable in the programming. E. VFD shall have user selectable capability to automatically apply a programmable level of regulated DC Injection current to the motor windings at start (anti -wind milling protection to bring the motor to rest when the direction of rotation can not be guaranteed) or stop. Non-regulated DC current (or voltage) control schemes are unacceptable. In addition, time at start and stop should be independently adjustable to provide application flexibility. F. Prohibited frequency points: The VFD must possess three field programmable, critical frequency rejection points with field programmable dead band. G. VFD shall have provision for user selectable reference loss protection. In the event the speed reference signal to the VFD decreases by more than 90% in less than 0.4 sec. the inverter shall continue operation at 80% of the previous setting. If the reference returns, the VFD will again track the input reference. The VFD shall stop whenever a stop command is given. H. Intelligent automatic fault reset. If the VFD experiences a non -catastrophic fault trip (not indicative of component failure), the unit will automatically reset the trip condition (field programmable number of restarts). After 10 minutes of continuous operation, the number of resets in the register shall be returned to zero. VFD shall have provisions to invert speed reference signal. As reference signal increases, output frequency decreases. J. Motor speed dependent, adaptive, motor thermal overload protection shall be programmable in the drive software based on motor nameplate amps. K. Standard programming adjustments via the English/Spanish language operator (switches and pot settings are not acceptable) shall include: V/HZ pattern 2. Minimum Speed 3. Maximum Speed ZONE In PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Variable Frequency Drive (VFD) 16484-6 Stantec Project No. 2042506800 AUGUST 24, 2015 Rev. 12/05 Electrical Specifications City of Newport Beach 4. Critical frequency rejection points 5. Slip compensation 6. Acceleration Time 7. Deceleration Time 8. Power loss ride through time 9. Separately adjustable Current Limit for acceleration and at speed conditions. 10. Motor thermal overload protection. 11. DC Injection Time and Current. 12. Motor Rated Current (for overload protection). 13. Minimum MTBF shall be 100,000 hours. 2.6 PROTECTIVE FEATURES/FUNCTIONS A. Controller shall have as a minimum, the following alphanumeric fault trip indications annunciated in English or Spanish on the keypad operator. In addition, the fault diagnostics should be stored in non-volatile memory to retain important trip information after removal and later restoration of three-phase input power. 1. Over current (OC) 2. Over voltage (OV) 3. Blown Fuse (FU) 4. Overheat (OH) 5. Motor Overload (OL1) 6. Inverter Overload (OL2) 7. Phase Balance (PB) 8. Under voltage (UV) 9. External Fault Input (EB) B. In addition, the following conditions must be detected or protected against: ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Variable Frequency Drive (VFD) 16484-7 Stantec Project No. 2042506800 AUGUST 24, 2015 Rev. 12/05 Electrical Specifications City of Newport Beach 1. Ground fault 2. Loss of phase 3. Output short circuit, phase -to -phase or phase -to -ground 2.7 PRE-ENGINEERED OPTIONS A. The following integrally mounted options shall be provided with the VFD: 1. Circuit breaker with through door handle, lockable in the "off' position. Unit shall have an AIC rating as indicated on the drawings. AIC rating shall be the same as the completed Motor Control Center. 2. Drive shall be provided with Ethernet communication module. 3. Drive to have LCD with full numeric key pad which has the ability to be mounted on the drive or remotely on the MCC door. 4. AC Input Reactor 5. 6 digit non-resettable elapsed time meter, ETM. 6. Door mounted H -O -A selector switch. 7. Door mounted START and STOP push buttons. 2.8 QUALITY ASSURANCE A. 100% of the power semi -conductors (IGB transistors, diodes, etc.) must be inspected before acceptance. B. 100% of all completed printed circuit board assemblies must be subjected to a minimum 72 hour heat cycle, consisting of 9 cycles, each as described below: 1. Raise temperature from ambient to +70 degree C in 0.5 hours. 2. Maintain at +70 degree C for 3 hours. 3. Decrease temperature to -10 degree C in 1 hour. 4. Maintain at -10 degree C for 3 hours. 5. Increase temperature to ambient in 0.5 hours. C. All printed circuit boards shall be subjected to a computerized functional test to verify the integrity of all components and circuits. ZONE 111 PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Variable Frequency Drive (VFD) 16484-8 Stantec Project No. 2042506800 AUGUST 24, 2015 Rev. 12/05 Electrical Specifications City of Newport Beach D. Completed inverter must be subjected to full load testing prior to final inspection and shipment. 2.9 SERVICE A. The VFD manufacturer shall provide, at no additional cost to the Owner, a start- up package for the VFD. Service shall include inspection, final adjustments, operational checks and a final report for inclusion in the documentation package shipped with the unit. B. Factory trained service engineer must be available for breakdown service at the site within 24 hours of notification. C. VFD supplier must be factory authorized to perform warranty field and bench repair service. Such service must be performed at the component level to minimize any non -warranty repair charges to the Owner of the equipment. "Board Swapping" level of repair capability shall be considered unacceptable. D. Full remote analysis of the VFD shall be achievable with the motor leads disconnected from the VFD. 2.10 ENCLOSURE A. The VFD shall be installed within a free standing independent enclosure as specified and indicated on the drawings. PART 3 EXECUTION 3.1 INSTALLATION AND START-UP A. A qualified manufacturer's technical representative shall supervise the contractor's installation, testing, and start-up. A maximum of 2 supervision days (16 hours) shall be provided by the manufacturer's representative. B. Upon acceptance of the VFD, training of the operators shall consist of 1 training day, (8 hours). 3.2 TESTING A. Factory Testing: VFD assemblies are to be tested prior to shipment. Testing is to be performed at the factory or at the VFD OEM or integrator facility. Provide confirmation of actual tests completed and results. 2. All testing of the VFD assembly is to be provided utilizing a full load heat run test of the complete system. ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Variable Frequency Drive (VFD) 16484-9 Stantec Project No. 2042506800 AUGUST24, 2015 Rev. 12/05 Electrical Specifications City of Newport Beach 3. Testing is to be provided for duration sufficient to fully prove out VFD and all local/remote control functions and bypass elements/functions. 4. Successful test results are required for a minimum testing period of 24 hours for all new drive. The 24 hour testing of the VFD assembly is to be provided to confirm all operating parameters of the drive assembly. The output variation of the VFD assembly is to be recorded at step increments of 100%, 90%, 75%, 50%, 25%, 10%, and 5% of full rated output of the VFD assembly. Sustained operation at the various output rates is to be maintained to obtain an accurate non -fluctuating baseline result for a minimum period of 30 minutes. Following the baseline testing of the VFD assembly is to be provided at continually varying output speeds of the motor to simulate potential extreme operating conditions. 5. Testing information is to be recorded on 30 minute intervals for each drive assembly type and later for any alterations to the prototypical drive assemblies. 6. Testing is to be provided for a minimum period of 4 hours by the VFD assembly supplier/integrator on all previously accepted installation models. Smaller drives may require only a 2 hour time window for testing purposes. Specific testing requirements of VFD assembly to be noted on the VFD schedule where required. 7. Filter media to be at 50% loading restriction for testing purposes. (Note: the filter media is to be blocked for 50% of all assembly openings to simulate potential filter media restriction for actual installation conditions. 8. Phase loss protection for the both line and terminal outputs for each of the 3 phases of the VFD shall be proven as part of factory testing. A fault signal is to be produced upon phase loss identifying the source of the error and the drive is to shut down. The fault signal and drive operational status is to be provided to the SCADA/PLC system. 9. All VFD and integration features shall be functionally tested at the factory for proper operation. 10. The VFD shall be heat run tested at an ambient external temperature of 40 degrees Celsius with the enclosure door closed to approximate the potential operating conditions of the VFD assembly. 11. Testing temperature sensors to be provided at multiple locations within the enclosure to confirm operating temperature is relatively consistent and the appropriate amount of air flow is provided within the assembly for cooling purposes. Internal temperature is to be measured at a minimum of four (4) locations within the enclosure. 12. Internal temperature of the VFD is to be monitored to confirm satisfactory ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Variable Frequency Drive (VFD) 16484-10 Stantec Project No. 2042506800 AUGUST 24, 2015 Rev. 12/05 Electrical Specifications City of Newport Beach operating conditions for all internal assembly equipment and components. Sensing mechanism is to provide a fault notification of over temperature condition of the VFD. VFD assembly is to be capable of causing/forcing VFD / bypass shutdown due to over temperature condition at the discretion of the University. 13. A mechanical review of the enclosure, relative to the air flow and cooling requirements is to be provided. n) Where the intemal operating temperature exceeds acceptable operation conditions of the equipment or components supplemental cooling fans are to be added to the enclosure. 14. Heat run tests are to be performed on the modified enclosure per the requirements listed in this specification. 15. Provide certified copies of production test results required, prior to acceptance of the equipment. Test results are to be provided to the Consultant and the Owner prior to shipment of the equipment. A copy of all factory production tests shall also be shipped with the drives. B. FIELD TESTING 1. Allow for all costs for materials and labor, including traveling and living expenses, as necessary to complete all requirements herein. 2. The VFD supplier shall provide on-site startup, fine-tuning, field support during commissioning, provision of final setup information prior to turnover and operator training and instruction. 3. The VFD supplier shall provide site functionality test reports indicating loading / current levels during testing as well as control point proving results. 4. The VFD supplier shall ensure shaft -to -ground voltage does not exceed 1.5 volts at any speed or load requirement. 5. The VFD installer shall prove that all field installed safeties and limits function properly together with the Owner. Refer to commissioning procedures for supplemental background information. 6. The system is to be operated at varying rates for not less than 120 consecutive hours, at an average effectiveness level of 0.95, to demonstrate proper functioning of the complete process control system. VFD output to be modified continuously to ensure proper control function ability. C. HARMONICS TESTING ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Variable Frequency Drive (VFD) 16484-11 Stantec Project No. 2042506800 AUGUST 24, 2015 Rev. 12/05 Electrical Specifications City of Newport Beach Complete harmonics testing and analysis compliance with IEEE 519 is required after complete VFD startup. D. Fine tune VFD with signal from controls, inspect, verify motor load RPM at 25%, 50%, 75%, 90% and 100%. Motor RPM should match the percentage indicated. If not motors/fans shall be re -sheaved. Record all measured values (minimum of RPM, frequency, current and voltage input/output). E. Calibrate VFD display values with SCADA/PLC System display output. Verify motor RPM values with a calibrated tachometer. Motor RPM shall match the percentage indicated. If not motors/fans shall be re -sheaved. Conduct a minimum of four (4) samples. (Testing to be provided to 25%, 50%, 75%, 90% and 100% of motor output RPM.) . F. Contractor is to submit a signed copy of the completed test results, certifying proper system operation demonstrating compliance with the specification requirements. 3.3 SPARE PARTS A. Furnish spare parts for each drive as follows: All parts recommended by the Manufacturer as spare parts. 2. Special tools as recommended by the manufacturer. B. All spare parts shall be packaged in original factory containers and labeled identifying all parts for recording. C. All spare parts shall be delivered to the OWNER after completion of work and prior to final acceptance. END OF SECTION ZONE III PUMP STATION VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT Variable Frequency Drive (VFD) 16484-12 Stantec Project No. 2042506800 AUGUST 24, 2015 Rev. 12105