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HomeMy WebLinkAboutC-7642-1 - Beach Restroom Electrical Panel Rehabilitation ProjectT r CITY OF NEWPORT BEACH U NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 29th day of October, 2019, at which time such bids shall be opened and read for BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 $110,000 Engineer's Estimate Approved by James M. oulihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: hftp://www.planetbids.com/portal/portal.cfm?CompanylD=22078 MANDATORY PRE-BID SITE WALK: A MANDATORY job walk will be conducted for this project on October 14, 2019 at 10:00 a.m., starting at: Channel Place Park Restroom — 4400 Channel Place, Newport Beach, CA 92663 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "B" and/or "C-10" For further information, call Patrick Arciniega, Project Manager at (949) 644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeach ca. gov/government/open-transpa rent/on I ine-services/bids-rfps- vendor-registration City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)....................................................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT...................................................................................................................22 LABOR AND MATERIALS PAYMENT BOND ............................................ Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL............................................................................................................... PR -1 SPECIALPROVISIONS............................................................................................SP-1 2 City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may CI be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. Contractor's License No. & Classification�ed Signature/Title N - IF- -lul3ySl9St�, C6iUIzo) DIR Registration Number & Expiration Date :5VT The Bidder 1C // �I�I Date BOND NO.: BB2009142 City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of FOUR THOUSAND FIFTEEN AND 00/100 Dollars ($ 4,015.00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT, Contract No. 7642-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 25TH day of OCTOBER , 20119. JPTCONSTRUCTION, INC. �"" "� �— IL17o``\\j ej, Name of Contractor (Principal) Authorized Signaturefrifle AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety 801 S. FIGUEROA STREET, SUITE 700 LOS ANGELES, CA 90017 Address of Surety 310-649-0990 Telephone L _ Autfiorized Ag—enTSignature DAREN EISEMAN, ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) A ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I State of California County of SS. On before me, personally appeared Notary Public, 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. �EC, 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) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other 7 Thumbprint of Signer ❑0 Check here if no thumbprint or fingerprint is available. 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✓l0 {� ) On �� /.�/ /- 61 before me, C1i/D �i�-� S (�L/yot ,U\ \(insert name and title of the officer) P� personally appeared 1 PAn � Of e— 1 v � D v1 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. Jill 111#11111/11111111111111111111111• WITNESS my hand and official seal. JAIRO ALEXIS CABRERA = 3r - • COMM. #2277951 z NOTARY PUBLIC - CAUFOPNIA v ORANGECOUM (/ My ammission Exppires 02/18/2023 �� � 11111111111111111111111111111111nnP Signature (Seal) 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 10-25-2019 before me NHUNG H. SAFPHAN Notary Public, Date (here insert name) personally appeared DAREN EISEMAN who proved to me on the basis of satisfactory evidence to be the person(e) 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(iesj, and that by his/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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 7 +, NHUNG H. SAEPHAN COMM.#2136883 W - �NotaryPubkCaftnga SACRAMENTO COUNTY M Comte OEC. 14, 2019 Signature: V (Seal) OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Document Date: Other: Number of Pages: TOKIOMARINE \_ HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, DAREN EISEMAN its true and lawful Attomey-in-Fact, with full authority to execute on its behalf bond number BB2009142 issued in the course of its business and to bind the Company thereby, in an amount not to exceed One million and 00/100 ( $1,000,000.00 ). This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 18( day of September, 2011. "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: Attorney -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 certificate relating 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." The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, American Contractors Indemnity President on this 191 day of June, 2018. iaACt1111" State of California Q wcoRPDwr[D County of Los Angelesz W;, SEPT. 25,1090 ; nc A(IFO0.MP"o`O uuNeoa Company has caused its seal to be affixed hereto and executed by its AMERICAN CONCTOES INDEMNITY COMPANY By: 16V -<6W Adatn S. Pessin, President On this 131 day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity 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 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., - -D. uRR20 xeleryRAno (enlan�e (� Ln Npin County f Signature -'r3' l mmh0o 1311909 (seal) 1 any (a„n,, r.p,ney 11 lml I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of October 2019 . Bond No. BB2009142 Agency No. 7441 MCORPOrt TED SEPT. 25, 1990 visit tmhcc.com/surety for more information CLQ Z' Kio Lo, AsNsthnt Secretary City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 DESIGNATION OF SUBCONTRACTORM - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include �DII(R�re!gistration numbers for each subcontractor. Bidder Authorized Signature/Title W City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name es� , (v s+f " � C _ FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person T.9 Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder 13 Authorized Signature/Title City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of (Srp Sea✓ — Y t ei-re Tu tl,— , being first duly sworn, deposes and says that he or she is i,cs� I'A of "Sf r C� s+-CA-T—'T- - the 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 California that the foregoing is true and correct. Bidder Authorized SignaturetTitle Subscribed and sworn to (or'at by satisfactory a idence to be the I certify under P ALTYO OF P paragraph is true nd correct. before me on this day of , 2019 \proved to me on the basis of s) who appeared before,\Te. Y,under the laws of the State of California that the foregoing Notary Public [SEAL] My Commission.. Expires: M 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 validRy of that document. State of California County of (-o r. Subscribed and sworn to (or affirmed) before me on this �bk^ day of L)r-ko4�r- , 20 -ft, by lCo h - V e-rre- proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) Signature rnunwnu�uunuuumuntu� DUNCAN F. AHERN p COMM. #2227062 Z �, NOTARY PUGLIC-CALIFORNIA Z y '° ORANGE COUNTY •, MY Com IwIW EXPtrn 12/31/2021 ��nuwnnnnnuiu�ur�eruuu� City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 DESIGNATION OF SURETIES Bidder's name 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): - L i.4 ZAt ,s e- t i l cn'VL s '�'mss. SQru' , zne-. YdIiolti 341ZS3G W(kUN q�IJA- -WIle (9'M- ba3 -1 ZT6 Ei l- Ir)i1\S) CA 9 S"? -6z —ip Q 1Cr (,I - Q61 i ,I-Qa1cW, P : VS) �Leg� o�e�62u �jJ U?cSX �za T-erL#Cs\a . 6A. S z�-� 3 — c,3 15 City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name 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 2018 2017 2016 2015 2014 Total 2019 No. of contracts C�0 bQ 3-5'- �-L �8 L X013 Total dollar Amount of Contracts (in Thousands of $ ��� ��� �G ��� �(Ku Gor 3 �$n No. of fatalities o{ (� 9�' P No. of lost Workday Cases J No. of lost workday cases involving permanent fcS transfer to anotherjob or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title 5 4Yvt-J' � Ti1� Ko f 6z Sfi N.fj, cA cr-Z �lk-"3�6�1466 Cd -93 6`' S'> -�- C- t 0 The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of 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 17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of oco' \de - On ncA oW r alo a -Ola before me, �Pl(faA �rv1 IV �Mf4 1 ti)O�i (insert name and title of the officer) personally appeared 5etir- P 2rrQ, -70\00,f\ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowled ed to me that 6/she/they executed the same in /her/their authorized capacity(ies), and that by >i /her/their signature(s) on the instrument the i e 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. aurnuIII III III uBit umuuu1r WITNESS my hand and official seal.DUNCAN F. AHERN n ®R� COMM. #2227062 y NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY 9 ph / �� (Seal) Mvcomm�sonEwkm ,afa,rzoz, p Signature Li +uunuunuuuunu11021 r City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name AT The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. 1 City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: 1 Name of individual Contractor, Company or Corporation: W-1 ' C S7,+)-U7�=✓t` Business Address: `��1 (;2�? 5 %�_�, C%�_ ci26 63 Telephone and Fax Number:4-%-�°t California State Contractor's License No. and Class: r3G0 `V- C—to (REQUIRED AT TIME OF AWARD) Original Date Issued: -Lc->L'5- Expiration Date: z o 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: Named� Title Address Telephone )�� 9'�ef,� ►abti 1�(�s.�-�-- �l� r;2"� 5� IU 4 `P21.�3 kik-331-1966 Corporation organized under the laws of the State of JVV f11007 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. 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 co iance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 20 Are any claims or actions unresolved or outstanding? Yes / (lo 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. ll rT ( rint name of Owner or President of Corporation/Comp ny) Bidder uthorized Signature/Title Title On before me, Date satisfac ry evidence to be the person(s) whose nsl acknowledged to me that he/she/they executed the sa by his/her%their signature(s) on the instrument the pers acted, executed the instrument. I certify undeXPENALTY OF PERJURY under the paragraph is trut and correct. WITNESS my he 7 official seal. Notary Public in and for aid State My Commission Expires: 21 k,)/ 2 U I \0 , Notary Public, personally appeared who proved to me on the basis of s/are subscribed to the within instrument and his/her/their authorized capacity(ies), and that or the entity upon behalf of u (rich the person(s) of the State of California that the foregoing (SEAL) ck�vcltr�\" d 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 ofC ) {� n1 p On DC,A-0�r 4� X31q beforeme, ��v�cClt� �. 1 �efYl, Nn,' (insert name and title of the office personally appeared 2eop- �)�eTrP. -ibi�bV-\ 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. J 11111IBM 111111gig 1III 11/Is mill IN III IL WITNESS my hand and official seal.a DUNCAN F. AHERN COMM. #2227062 N y NOTARY PUBLIC-CAUFORNIA ORANGE COUNTY n My Canm n Expires 12131=1 Signature 4PA,2/inn (Seal) +raToieennnnunuunnuuum� JPT Construction, Inc. Jean-Pierre Tobon #409 62"1 street Newport Beach, CA 92663 (714) 336-1966 FAX (949)631-2568 jptconstructioninc@gmail.com General Contractor & Electrical License #879360 JPT CONSTRUCTION, INC. — EXPERIENCE Jean-Pierre Tobon, President and Project Manager: From 1985 — 1995: he worked for a concrete company, Banner Concrete, performing concrete pours and repairs. From 1995 — 2005: he worked for a property maintenance company, Show and Tell Property Services, where he performed electrical, plumbing, drywall, painting, stucco, concrete, etc., where he soon became Foreman and ran 3- 4 (2 — 3 man crews). From 2005 — current: he has received his General Contractor's (B) and his Electrical (C — 10) Licenses and has created his own company with 4 full-time employees where he plans, organizes, and controls daily activities. Thank you, Jean Pierre Tobon 714.336.1966 City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT CONTRACT NO. C-7642-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 21st day of November 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and JPT CONSTRUCTION, INC., a Nevada corporation ("Contractor"), whose address is 409 62nd St. Newport Beach, CA 92663, 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 obtaining building permits, removing and disposing of electrical panels, and constructing new electrical panels at specified restrooms, and restoration of facility to existing condition per contract documents; In addition, Contractor to double check all fasteners and new installed equipment to make sure all factory installed fittings are properly torqued down and not loose (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. C-7642-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty Six Thousand Five Hundred Dollars ($36,500.00). 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 Jean-Pierre Tobon 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. �ih]dd[`463tr7�lI�I� This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. JPT Construction, Inc. Page 2 Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: 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: Jean-Pierre Tobon JPT Construction, Inc. 409 62nd St. Newport Beach, CA 92663 JPT Construction, Inc. Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority' of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. JPT Construction, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City JPT Construction, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be JPT Construction, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. JPT Construction, Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. 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. JPT Construction, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] JPT Construction, 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'S OFFICE Date: 1 I / 5 %Zoll By: (,(r, _ iiAA� ` fv(:Aaron C. Harp 1\`5.�a City Attorney AL ATTEST: /�'1 'I Date: c By: V ` Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: I n 0 David A. Webb Public Works Director CONTRACTOR: JPT Construction, Inc., a Nevada corporation Date: Signed in Counterpart By: Jean-Pierre Tobon Chief Executive Officer Date: Signed in Counterpart By: Cherie Lynn Tobon Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements JPT Construction, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date:/ J S 12otq Date: By: &-4-- yo10-t-- By: Vk)"'Aaron C. Harp \y�Q David A. Webb City Attorney Public Works Director ATTEST: CONTRACTOR: JPT Construction, Inc., Date: a Nevada corporation Date: l r tit 19 By: By:� U`— Leilani I. Brown a -Pierre Tobon City Clerk Chief Executive Officer Date: By: Cherie Lynn Tobon Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C – Insurance Requirements JPT Construction, Inc. Page 10 DUPLICATE ORIGINAL PREMIUM 1ASED ON FINAL CONTRACT PRICE EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 100473214 PREMIUM; INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to JPT Construction, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of obtaining building permits, removing and disposing of electrical panels, and constructing new electrical panels at specified restrooms, and restoration of facility to existing condition per contract documents; In addition, Contractor to double check all fasteners and new installed equipment to make sure all factory installed fittings are properly torqued down and not loose, 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 COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Thirty Six Thousand Five Hundred Dollars ($36,500.00) 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. JPT Construction, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 5TH day of DECEMBER , 2019 . ) P T CONSTRUCTION INC Name of Contractor (Principal) L orized Signaturefritle AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety re 801 S FIGUEROA ST #700, LOS ANGELES, CA 90017 Address of Surety (310)649-0990 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: b ZrJ DAREN EISEMAN, ATTORNEY-IN-FACT Print Name and Title By: Fof; Aaron C. Harp to\?�� City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED JPT Construction, Inc. Page A-2 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 12/05/2019 before me, D. LACASCE Notary Public, Date (here insert name) personally appeared DAREN EISEMAN 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. D. IACASCE LCommission No. 2307289 if*M'C-EVh8 NOTARY PUBLIC-CALIFORNIASACRAMENTO COUNTY SEPTEMBER 79,7049 9 Signature: (Seal) Description of Attached Document Title or Type of Document: Document Date: OPTIONAL INFORMATION Other: Number of Pages: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of OaAt-1(ec ) On DEC.. I ( 1201c1 before me ,fir Q�FCK Arvt-,A V y)u%_ye-t NDTga Date Here Insert Name and Title of the Officer personally appeared JE_ANis aac-- 77—o'3orj Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose narae(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/he6*1heir authorized capacity(ies), and that by his/ha44heir-signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Jennifer AnnMulvey COMM 82214138 a a Notary Public-CalifomWy ORANGE COUNTY o� My Commission ExpiresOcG 1; ]@1 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL and official seal. of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: (: vGL.GL. vh ✓GL, 'vG'vG'uG'vG'✓<�✓ �4'✓ eiG'm O 1 • • • vV • • • • :11 • :11 - • 1 %TOMOMARINE HCC 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, Nhung H. Saephan, Katy Taylor or Daren Eiseman of Sacramento, California its true and lawful Attorneys) -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 ( ***$3,000,000.00*** ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -In -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, Including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate. Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1s1 day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATrmS.SURETYQPMIPANY „„t),Sp SPECIALJNY lM$URANCE COMPANY State of California County of Los Angeles 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 On this V1 day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Daniel 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 instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. :eN Oo WArb Nary Mk-Uftw , t La AnLNel 22194 [omm INP SAP,13, Signature (seal) My mmm.6gnMDr n, Loa I, Kio Lo, Assistant Secretary 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 seal:=, of said Companies at Los Angeles, California this 5TH day of DECEMBER 2019 Corporate Seals�5a*ero.... ¢roNCco a1Es6eRF! dJY\Yineus�o� Bond No. 100473214 \ c z CAG Al, AN Agency No. 9010 Kio Lo, AssiNaxft Secretary p,OF„ m Ijmnn HCCSMANPOA05/2019 visit tmhec.com/surety for more information DUPLICATE ORIGINAL ?RE/Ai�IU,� IM ON FINAL CONTIACr PRICE EXHIBIT B CITY OF NEWPORT BEACH BOND NO, 100473214 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 730.00 , being at the rate of $ 20.00 PER thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to JPT Construction, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of obtaining building permits, removing and disposing of electrical panels, and constructing new electrical panels at specified restrooms, and restoration of facility to existing condition per contract documents; In addition, Contractor to double check all fasteners and new installed equipment to make sure all factory installed fittings are properly torqued down and not loose, 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 Thirty Six Thousand Five Hundred Dollars ($36,500.00) 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 JPT Construction, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 5TH day of DECEMBER ,20 19 . J P T CONSTRUCTION INC Name of Contractor (Principal) Authorized Signaturerritle AMERICAN CONTRACTORS INDEMNITY COMPANY : j ' Name of Surety (f A heft Agent ture 801 S FIGUEROA ST #700, LOS ANGELES, CA 90017 Address of Surety (310)649-0990 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: 05& 7e�h G a F;01,-. Aaron C. Harp City Attorney dcYt`� DAREN EISEMAN, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED JPT Construction, Inc. Page B-2 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 12/05/2019 before me, D. LACASCE Notary Public, Date (here Insert name) personally appeared DAREN EISEMAN , 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. Signature: 0 4� (Seal) Description of Attached Document Title or Type of Document: Document Date: D.LACASCE Commission No. 2307289 NOTARY PUBLIC- CALIFORNIA " SACRAMENTO COUNTY Ca .E n SEPT EMSER 29.2011 OPTIONAL INFORMATION Other: Number of Pages: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of D fZA hlb C ) On _DE� J 112019 before me,.7ewlr+r,revL Amtz nluwEi NOTA1C`l Date Here Insert Name and Title of the Officer personally appeared SEAr-1 !RIt%Qt Name(s) of Signer(s) 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/sheltbey executed the same in his/he",� authorized capacity(ies), and that by his/her4heir signature(&) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Q Jennifer Ann MulveyCOMM #2214138 > WITNESS my d and official seal. Notaryry Public-CaliforniaORANGECOUNNMy(o,nmissiGECO0[(.1;7021+ �� \ of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator l Other* Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 TOKIOMARINE HCC 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, Nhung H. Saephan, Katy Taylor 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 ( •"`$3,000,000.00"` ). This Power of Attorney shall expire without further action on April 23rd, 2022. 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: 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 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 relating 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 1s' day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STA-TFBsURETy,,GOMPANY_„U4§,yr4?ECIA4TY--IN§,,URANCE COMPANY State of California `_'` '; ='i` a-;yj% `obi e + a `W\ 1a 41 �TM County of Los Angeles 's'�.........-:°� � ,,.......,jA+ o ..........; fr ;� .............� .�z By. Daniel P. AquiI ac 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 _ On this 18' day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel 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 instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 11 WITNESS my hand and official seal. 1 saxuo. unpin CommbNeeR 11' Signature . (seal) My Comm. bplgs'April, 2022 I, Kio Lo, Assistant Secretary 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 seal, of said Companies at Los Angeles, California this 5TH day of DECEMBER 2019 Corporate Seals ..ax«6e's” or„� ssua�'r.* 100473214 0�': 4eE o o, QtE en°iC..... ....2n@ E IF \mom 9b�' L9 y of Bond No. ,. o zyd/ t Yqj 1f t t 9f ; o` z� 4.� i y. 11�S�S r b rJQ Ar L%+ Agency No. 9010 .�' �°'n` aA a'.�' Kio ssi Secretary ...; jsza 3x \., Lo A a ,IIOP�„x y+T�Olm ��„ n„n un om+ HCCSMMP0A05n019 visit tmhcc.com/surety for more information 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 JPT Construction, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten JPT Construction, Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be JPT Construction, Inc. Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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. JPT Construction, Inc. Page C-4 K. Maintenance of General Liability Coveraqe. 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. JPT Construction, Inc. Page C-5 From: EXIGIS RiskWorks <notifications@riskworks.com> Sent: Tuesday, November 26, 2019 2:43 PM To: Morgan, Shelby Subject: City of Newport Beach: Notice of Waiver for JPT Construction, Inc. Dear Business Partner, City of Newport Beach has completed its review of the insurance documentation submitted on behalf of JPT Construction, Inc. and has waived its standard insurance requirements. The following comments were provided: Evaluation waived by reviewer No further action is required at this time. You will receive a renewal notice requesting the submission of updated insurance documentation in advance of expiration. If you have any questions, please contact EXIGIS Risk Management Services at supportna,exi ig s.com or 800-430-1589. Thank you for your cooperation and timely fulfillment of this important request. Sincerely, EXIGIS Risk Management Services On behalf of City of Newport Beach 800-430-1589 support@exi ig s.com Organizational Unit : City of Newport Beach -> Public Works Agreement Name : Beach Restroom Electrical Panel Rehabilitation Project Agreement Number: 7642-1 City of Newport Beach BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7642-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7642-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: V /7 t� Date --�1"1-'536-V16 `7k5-L31-2i'EE Bidder's Telephone and Fax Numbers 16?-�36o 15 A- C -(J Bidder's License No(s). and Classification(s) qw- L -V- vSlks I DIR Registration Number _WP \ ccs)-, s yu i)15", , T4<- Bidder t<, Bidder �ffidder's Authorized Signature and Title dui L v\" S-), Aj,a, (A 2Z 663 PR -1 Bidder's Address Bidder's email address: Jif ) Ce(n f ` (-Vc-+i uv-� �FKL 2- qiv it . cdvy , City of Newport Beach Page 7 BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT (C-7642-1), bidding on October 29, 2019 10:00 AM Printed 10/2912019 Bid Results Bidder Details Vendor Name JPT Construction Inc. Address 40962nd St. Newport Beach, CA 92663 United States Respondee Jean Pierre Tobon Respondee Title President Phone 714-336-1966 Ext. Email jptconstructioninc@gmall.wm Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted October 28, 2019 3:05:12 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation# 194052 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Bond Contract 7642 1 Bidders Bond NB Contract 7642 l.pdf Bid Bond Contract # 7642-1 City of NB Contract 7642 1 Electrical Panel Change General Attachment Out.pdf Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization LS 1 $1,000.00 $1,000.00 2 Demo and Reconstruct 15th St. LS 1 $6,500.00 $6,500.00 3 Demo and Reconstruct 58th St. LS 1 $6,000.00 $6,000.00 4 Demo and Reconstruct Balboa Pier LS 1 $9,000.00 $9.,000.00 5 Demo and Reconstruct Channel Place Park LS 1 $5,500.00 $5,500.00 PlanetBids, Inc. City of Newport Beach Page a BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT (C-7642-1), bidding on October 29, 2019 10:00 AM Printed 10/2912019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Demo and Reconstruct Newport Pier LS 1 $6,000.00 $6,000.00 7 As Builts LS 1 $2,500.00 $2,500.00 Subtotal $36,500.00 Total $36,500.00 Subcontractors Name & Address Description License Num CADIR Amount Type PlanetBids, Inc. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT PROJECT NO. 19F02 CONTRACT NO. 7642-1 PART 1 - GENERAL PROVISIONS SECTION 00 — PRE-BID MEETING 1 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 2 1-2 TERMS AND DEFINITIONS 2 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General 2 2 2 2 2 2 2 2 2 2 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-5 PERMITS 6 7-8 WORK SITE MAINTENANCE 6 7-8.4 Storage of Equipment and Materials 6 7-8.4.2 Storage in Public Streets 6 SECTION 9 - MEASUREMENT AND PAYMENT 6 9-2 LUMP SUM WORK 6 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment. PART 6 — TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-3 PEDESTRIAN ACCESS The Contractor shall fully comply with the following Architect's Technical Specifications for the Construction of the Beach Electrical Panel Rehabilitation Project and sheet E-12.1 specifications which augments, but is not referenced to in the above sections of the Standard Specifications for Public Works Construction U CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BEACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT CONTRACT NO. C-7642-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B -5275-S); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 00 — PRE-BID MEETING 00-1 JOBWALK Type ofjobwalk: MANDATORY When: October 14, 2019 at 10am Where: Start at: Channel Place Park Restroom — 4400 Channel Place 581h St. Restroom — 5800 Seashore Drive Newport Pier Restroom — 72 Newport Pier 15th St. Restroom — 1501 West Ocean Front Balboa Pier Restroom — 801 East Ocean Front The restrooms are open during the day, however access to the electrical panels is restricted. The focus of this meeting is to provide contractors with an opportunity to ask questions of the Electrical designer and to take inventory of the facilities so as to bid the work accordingly. SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a B and/or C-10 license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of obtaining building permits, removing and disposing of electrical panels and constructing new electrical panels at specified restrooms and restoration of facility to existing condition per contract documents. In addition, contractor to double check all fasteners and new installed equipment to make sure all factory installed fittings are properly torqued down and not loose. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup Page 2 of 8 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. Page 3 of 8 SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. An accepted 2 -week look - ahead schedule is required prior to the release of a progress payment. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. Page 4 of 8 The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31St (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of as -built plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Page 5 of 8 The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-5 PERMITS Replace this section with "The project is deemed `permit -ready' by the City's Building Department (Plan Check No. 1024-2019). The Contractor shall obtain the necessary Building Permits (5) (one for each address) prior to the pre -construction meeting fees will be waived. Project is not complete until Building Permit is finaled. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be Page 6 of 8 included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Demolition and Reconstruction of the Electrical Panels 15th Street Restroom Electrical Panel: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for the demolition and reconstruction of the electrical panels per plans and specifications for the Beach Restroom Electrical Panel Rehabilitation Project, and restoration of facility to existing condition (ie. paint/patch walls, to match as required). Restrooms to remain open to the public throughout construction. Item No. 3 Demolition and Reconstruction of the Electrical Panels 58th Street Restroom Electrical Panel: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for the demolition and reconstruction of the electrical panels per plans and specifications for the Beach Restroom Electrical Panel Rehabilitation Project, and restoration of facility to existing condition (ie. paint/patch walls, to match as required). Restrooms to remain open to the public throughout construction. Item No. 4 Demolition and Reconstruction of the Electrical Panels Balboa Pier Restroom Electrical Panel: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for the demolition and reconstruction of the electrical panels per plans and specifications for the Beach Restroom Electrical Panel Rehabilitation Project, and restoration of facility to existing condition (ie. paint/patch walls, to match as required). Restrooms to remain open to the public throughout construction. Item No. 5 Demolition and Reconstruction of the Electrical Panels Channel Place Park Restroom Electrical Panel: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for the demolition and reconstruction of the electrical panels per plans and specifications for the Beach Restroom Electrical Panel Rehabilitation Project, and restoration of facility to existing condition (ie. paint/patch walls, to match as required). Restrooms to remain open to the public throughout construction. Item No. 6 Demolition and Reconstruction of the Electrical Panels Newport Pier Restroom Electrical Panel: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for the demolition and reconstruction of Page 7 of 8 the electrical panels per plans and specifications for the Beach Restroom Electrical Panel Rehabilitation Project, and restoration of facility to existing condition (ie. paint/patch walls, to match as required). Restrooms to remain open to the public throughout construction. Item No. 7 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,500.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall fully comply with the following Architect's Technical Specifications for the Construction of the Beach Electrical Panel Rehabilitation Project and sheet E- 12.1 specifications which augments, but is not referenced to in the above sections of the Standard Specifications for Public Works Construction Page 8 of 8 SECTION 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART1 GENERAL 1.01 SECTION INCLUDES A. Grounding and bonding requirements. B. Conductors for grounding and bonding. C. Connectors for grounding and bonding. 1.02 REFERENCE STANDARDS A. NECA 1 - Standard for Good Workmanship in Electrical Construction; 2015. B. NFPA 70 - National Electrical Code; Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements. C. UL 467 - Grounding and Bonding Equipment, Current Edition, Including All Revisions. 1.03 ADMINISTRATIVE REQUIREMENTS A. Coordination: 1. Verify exact locations of underground metal water service pipe entrances to building. 2. Notify Architect of any conflicts with or deviations from Contract Documents. Obtain direction before proceeding with work. 1.04 SUBMITTALS A. See Section 01 30 00 - Administrative Requirements for submittals procedures. 1.05 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. PART 2 PRODUCTS 2.01 GROUNDING AND BONDING REQUIREMENTS A. Do not use products for applications other than as permitted by NFPA 70 and product listing. B. Unless specifically indicated to be excluded, provide all required components, conductors, connectors, conduit, boxes, fittings, supports, accessories, etc. as necessary for a complete grounding and bonding system. C. Where conductor size is not indicated, size to comply with NFPA 70 but not less than applicable minimum size requirements specified. 2.02 GROUNDING AND BONDING COMPONENTS A. General Requirements: 1. Provide products listed, classified, and labeled as suitable for the purpose intended. 2. Provide products listed and labeled as complying with UL 467 where applicable. B. Conductors for Grounding and Bonding, in Addition to Requirements of Section 26 05 26: 1. Use insulated copper conductors unless otherwise indicated. a. Exceptions: 1) Use bare copper conductors where installed underground in direct contact with earth. 2) Use bare copper conductors where directly encased in concrete (not in raceway). C. Connectors for Grounding and Bonding: 1. Description: Connectors appropriate for the application and suitable for the conductors and items to be connected; listed and labeled as complying with UL 467. 2. Unless otherwise indicated, use exothermic welded connections for underground, concealed and other inaccessible connections. xxx / 19-035 City of Newport RR 260526-1 GROUNDING AND BONDING Renovation FOR ELECTRICAL SYSTEMS 3. Unless otherwise indicated, use mechanical connectors, compression connectors, or exothermic welded connections for accessible connections. PART 3 EXECUTION A. Verify that work likely to damage grounding and bonding system components has been completed. B. Verify that field measurements are as indicated. C. Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A. Install products in accordance with manufacturer's instructions. B. Perform work in accordance with NECA 1 (general workmanship). C. Make grounding and bonding connections using specified connectors. 1. Remove appropriate amount of conductor insulation for making connections without cutting, nicking or damaging conductors. Do not remove conductor strands to facilitate insertion into connector. 2. Remove nonconductive paint, enamel, or similar coating at threads, contact points, and contact surfaces. 3. Exothermic Welds: Make connections using molds and weld material suitable for the items to be connected in accordance with manufacturer's recommendations. 4. Mechanical Connectors: Secure connections according to manufacturer's recommended torque settings. 5. Compression Connectors: Secure connections using manufacturer's recommended tools_ and dies. D. Identify grounding and bonding system components in accordance with Section 26 05 53. END OF SECTION xxx / 19-035 City of Newport RR 260526-2 GROUNDING AND BONDING Renovation FOR ELECTRICAL SYSTEMS SECTION 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS PART1 GENERAL 1.01 SECTION INCLUDES A. Support and attachment requirements and components for equipment, conduit, cable, boxes, and other electrical work. 1.02 RELATED REQUIREMENTS A. Section 03 30 00 - Cast -in -Place Concrete: Concrete equipment pads. 1.03 REFERENCE STANDARDS A. ASTM A123/A123M - Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products; 2017. B. ASTM A153/A153M - Standard Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware; 2016a. C. ASTM B633 - Standard Specification for Electrodeposited Coatings of Zinc on Iron and Steel; 2015. D. MFMA-4 - Metal Framing Standards Publication; 2004. E. NECA 1 - Standard for Good Workmanship in Electrical Construction; 2015. F. NFPA 70 - National Electrical Code; Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements. 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordination: 1. Coordinate the work with other trades to provide additional framing and materials required for installation. 2. Coordinate compatibility of support and attachment components with mounting surfaces at the installed locations. 3. Coordinate the arrangement of supports with ductwork, piping, equipment and other potential conflicts installed under other sections or by others. 4. Notify Architect of any conflicts with or deviations from Contract Documents. Obtain direction before proceeding with work. B. Sequencing: 1. Do not install products on or provide attachment to concrete surfaces until concrete has fully cured in accordance with Section 03 30 00. 1.05 QUALITY ASSURANCE A. Comply with NFPA 70. B. Comply with applicable building code. PART PRODUCTS 2.01 SUPPORT AND ATTACHMENT COMPONENTS A. General Requirements: 1. Provide all required hangers, supports, anchors, fasteners, fittings, accessories, and hardware as necessary for the complete installation of electrical work. 2. Provide products listed, classified, and labeled as suitable for the purpose intended, where applicable. 3. Do not use products for applications other than as permitted by NFPA 70 and product listing. 4. Steel Components: Use corrosion resistant materials suitable for the environment where installed. a. Zinc -Plated Steel: Electroplated in accordance with ASTM 8633. xxx / 19-035 City of Newport RR 260529-1 HANGERS AND SUPPORTS Renovation FOR ELECTRICAL SYSTEMS b. Galvanized Steel: Hot -dip galvanized after fabrication in accordance with ASTM Al23/A123M or ASTM Al53/A153M. B. Conduit and Cable Supports: Straps, clamps, etc. suitable for the conduit or cable to be supported. 1. Conduit Straps: One -hole or two -hole type; steel or malleable iron. 2. Conduit Clamps: Bolted type unless otherwise indicated. C. Outlet Box Supports: Hangers, brackets, etc. suitable for the boxes to be supported. D. Metal Channel (Strut) Framing Systems: Factory -fabricated continuous -slot metal channel (strut) and associated fittings, accessories, and hardware required for field -assembly of supports. 1. Comply with MFMA-4. E. Hanger Rods: Threaded zinc -plated steel unless otherwise indicated. F. Anchors and Fasteners: 1. Unless otherwise indicated and where not otherwise restricted, use the anchor and fastener types indicated for the specified applications. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that field measurements areas indicated. B. Verify that mounting surfaces are ready to receive support and attachment components. C. Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A. Install products in accordance with manufacturer's instructions. B. Perform work in accordance with NECA 1 (general workmanship). C. Provide independent support from building structure. Do not provide support from piping, ductwork, or other systems. D. Unless specifically indicated or approved by Architect, do not provide support from suspended ceiling support system or ceiling grid. E. Unless specifically indicated or approved by Architect, do not provide support from roof deck. F. Do not penetrate or otherwise notch or cut structural members without approval of Structural Engineer. G. Equipment Support and Attachment: 1. Use metal fabricated supports or supports assembled from metal channel (strut) to support equipment as required. 2. Use metal channel (strut) secured to studs to support equipment surface -mounted on hollow stud walls when wall strength is not sufficient to resist pull-out. 3. Use metal channel (strut) to support surface -mounted equipment in wet or damp locations to provide space between equipment and mounting surface. 4. Securely fasten floor -mounted equipment. Do not install equipment such that it relies on its own weight for support. H. Secure fasteners according to manufacturer's recommended torque settings. Remove temporary supports. END OF SECTION xxx / 19-035 City of Newport RR 260529-2 HANGERS AND SUPPORTS Renovation FOR ELECTRICAL SYSTEMS SECTION 26 05 33.13 CONDUIT FOR ELECTRICAL SYSTEMS PART1 GENERAL 1.01 SECTION INCLUDES A. Galvanized steel rigid metal conduit (RMC). B. Intermediate metal conduit (IMC). C. Flexible metal conduit (FMC). D. Electrical metallic tubing (EMT). E. Rigid polyvinyl chloride (PVC) conduit. F. Reinforced thermosetting resin conduit (RTRC). G. Conduit fittings. 1.02 RELATED REQUIREMENTS A. Section 07 84 00 - Firestopping. B. Section 26 05 26 - Grounding and Bonding for Electrical Systems. C. Section 26 05 29 - Hangers and Supports for Electrical Systems. 1.03 REFERENCE STANDARDS A. ANSI C80.1 - American National Standard for Electrical Rigid Steel Conduit (ERSC); 2015. B. ANSI C80.3 - American National Standard for Electrical Metallic Tubing — Steel (EMT -S); 2015. C. ANSI C80.6 - American National Standard for Electrical Intermediate Metal Conduit (EIMC); 2005. D. NECA 1 - Standard for Good Workmanship in Electrical Construction; 2015. E. NECA 101 - Standard for Installing Steel Conduits (Rigid, IMC, EMT); 2013. F. NECA 111 - Standard for Installing Nonmetallic Raceways (RNC, ENT, LFNC); 2003. G. NEMA FB 1 - Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit, Electrical Metallic Tubing, and Cable; 2014. H. NEMA TC 2 - Electrical Polyvinyl Chloride (PVC) Conduit; 2013. I. NEMA TC 3 - Polyvinyl Chloride (PVC) Fittings for Use with Rigid PVC Conduit and Tubing; 2016. J. NEMA TC 14 (SERIES) - Reinforced Thermosetting Resin Conduit and Fittings Series; 2015. K. NFPA 70 - National Electrical Code; Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements. L. UL 6 - Electrical Rigid Metal Conduit -Steel; Current Edition, Including All Revisions. M. UL 514B - Conduit, Tubing, and Cable Fittings; Current Edition, Including All Revisions. N. UL 651 - Schedule 40, 80, Type EB and A Rigid PVC Conduit and Fittings; Current Edition, Including All Revisions. O. UL 797 - Electrical Metallic Tubing -Steel; Current Edition, Including All Revisions. P. UL 1242 - Electrical Intermediate Metal Conduit -Steel; Current Edition, Including All Revisions. 1.04 SUBMITTALS A. See Section 01 30 00 - Administrative Requirements for submittals procedures. 1.05 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. xxx / 19-035 City of Newport RR 26 05 33.13 - 1 CONDUIT FOR ELECTRICAL Renovation SYSTEMS PART PRODUCTS 2.01 CONDUIT APPLICATIONS A. Do not use conduit and associated fittings for applications other than as permitted by NFPA 70 and product listing. B. Unless otherwise indicated and where not otherwise restricted, use the conduit types indicated for the specified applications. Where more than one listed application applies, comply with the most restrictive requirements. Where conduit type for a particular application is not specified, use galvanized steel rigid metal conduit. C. Underground: 1. Under Slab on Grade: Use galvanized steel rigid metal conduit, intermediate metal conduit (IMC), PVC -coated galvanized steel rigid metal conduit, rigid PVC conduit, or reinforced thermosetting resin conduit (RTRC). 2. Where rigid polyvinyl (PVC) conduit is provided, transition to galvanized steel rigid metal conduit where emerging from underground. 3. Where rigid polyvinyl (PVC) conduit larger than 2 inch (53 mm) trade size is provided, use galvanized steel rigid metal conduit elbows for bends. D. Concealed Above Accessible Ceilings: Use galvanized steel rigid metal conduit, intermediate metal conduit (IMC), or electrical metallic tubing (EMT). E. Interior, Damp or Wet Locations: Use galvanized steel rigid metal conduit. F. Exposed, Interior, Not Subject to Physical Damage: Use galvanized steel rigid metal conduit, intermediate metal conduit (IMC), or electrical metallic tubing (EMT). G. Exposed, Interior, Subject to Physical Damage: Use galvanized steel rigid metal conduit or intermediate metal conduit (IMC). H. Exposed, Exterior: Use galvanized steel rigid metal conduit, intermediate metal conduit (IMC), or PVC -coated galvanized steel rigid metal conduit. 2.02 CONDUIT REQUIREMENTS A. Provide all conduit, fittings, supports, and accessories required for a complete raceway system. B. Provide products listed, classified, and labeled as suitable for the purpose intended. C. Where conduit size is not indicated, size to comply with NFPA 70 but not less than applicable minimum size requirements specified. 2.03 GALVANIZED STEEL RIGID METAL CONDUIT (RMC) A. Description: NFPA 70, Type RMC galvanized steel rigid metal conduit complying with ANSI C80.1 and listed and labeled as complying with UL 6. B. Fittings: 1. Non -Hazardous Locations: Use fittings complying with NEMA FB 1 and listed and labeled as complying with UL 514B. 2. Material: Use steel or malleable iron. 3. Connectors and Couplings: Use threaded type fittings only. Threadless set screw and compression (gland) type fittings are not permitted. 2.04 INTERMEDIATE METAL CONDUIT (IMC) A. Description: NFPA 70, Type IMC galvanized steel intermediate metal conduit complying with ANSI C80.6 and listed and labeled as complying with UL 1242. B. Fittings: 1. Non -Hazardous Locations: Use fittings complying with NEMA FB 1 and listed and labeled as complying with UL 514B. 2. Material: Use steel or malleable iron. 3. Connectors and Couplings: Use threaded type fittings only. Threadless set screw and compression (gland) type fittings are not permitted. xxx / 19-035 City of Newport RR 26 05 33.13 - 2 CONDUIT FOR ELECTRICAL Renovation SYSTEMS 2.05 ELECTRICAL METALLIC TUBING (EMT) A. Description: NFPA 70, Type EMT steel electrical metallic tubing complying with ANSI C80.3 and listed and labeled as complying with UL 797. B. Fittings: 1. Description: Fittings complying with NEMA FB 1 and listed and labeled as complying with UL 5148. 2. Material: Use steel or malleable iron. 3. Connectors and Couplings: Use compression (gland) or set -screw type. a. Do not use indenter type connectors and couplings. 2.06 RIGID POLYVINYL CHLORIDE (PVC) CONDUIT A. Description: NFPA 70, Type PVC rigid polyvinyl chloride conduit complying with NEMA TC 2 and listed and labeled as complying with UL 651; Schedule 40 unless otherwise indicated, Schedule 80 where subject to physical damage; rated for use with conductors rated 90 degrees C. B. Fittings: 1. Manufacturer: Same as manufacturer of conduit to be connected. 2. Description: Fittings complying with NEMA TC 3 and listed and labeled as complying with UL 651; material to match conduit. 2.07 REINFORCED THERMOSETTING RESIN CONDUIT (RTRC) A. Description: NFPA 70, Type RTRC reinforced thermosetting resin conduit complying with NEMA TC 14 (SERIES). B. Supports: Per manufacturer's recommendations. C. Fittings: Same type and manufacturer as conduit to be connected. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that field measurements areas indicated. B. Verify that mounting surfaces are ready to receive conduits. C. Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A. Install products in accordance with manufacturer's instructions. B. Perform work in accordance with NECA 1 (general workmanship). C. Install galvanized steel rigid metal conduit (RMC) in accordance with NECA 101. D. Install intermediate metal conduit (IMC) in accordance with NECA 101. E. Install rigid polyvinyl chloride (PVC) conduit in accordance with NECA 111. F. Conduit Support: 1. Secure and support conduits in accordance with NFPA 70 and Section 26 05 29 using suitable supports and methods approved by the authority having jurisdiction. 2. Provide independent support from building structure. Do not provide support from piping, ductwork, or other systems. G. Connections and Terminations: 1. Use approved zinc -rich paint or conduit joint compound on field -cut threads of galvanized steel conduits prior to making connections. 2. Where two threaded conduits must be joined and neither can be rotated, use three-piece couplings or split couplings. Do not use running threads. 3. Use suitable adapters where required to transition from one type of conduit to another. 4. Terminate threaded conduits in boxes and enclosures using threaded hubs or double lock nuts for dry locations and raintight hubs for wet locations. xxx / 19-035 City of Newport RR 26 05 33.13 - 3 CONDUIT FOR ELECTRICAL Renovation SYSTEMS 5. Provide insulating bushings or insulated throats at all conduit terminations to protect conductors. 6. Secure joints and connections to provide maximum mechanical strength and electrical continuity. H. Penetrations: 1. Do not penetrate or otherwise notch or cut structural members, including footings and grade beams, without approval of Structural Engineer. 2. Make penetrations perpendicular to surfaces unless otherwise indicated. 3. Provide sleeves for penetrations as indicated or as required to facilitate installation. Set sleeves flush with exposed surfaces unless otherwise indicated or required. 4. Conceal bends for conduit risers emerging above ground. 5. Seal interior of conduits entering the building from underground at first accessible point to prevent entry of moisture and gases. 6. Where conduits penetrate waterproof membrane, seal as required to maintain integrity of membrane. 7. Make penetrations for roof -mounted equipment within associated equipment openings and curbs where possible to minimize roofing system penetrations. Where penetrations are necessary, seal as indicated or as required to preserve integrity of roofing system and maintain roof warranty. Include proposed locations of penetrations and methods for sealing with submittals. 8. Install firestopping to preserve fire resistance rating of partitions and other elements, using materials and methods specified in Section 07 84 00. I. Conduit Movement Provisions: Where conduits are subject to movement, provide expansion and expansion/deflection fittings to prevent damage to enclosed conductors or connected equipment. This includes, but is not limited to: 1. Where conduits cross structural joints intended for expansion, contraction, or deflection. 2. Where calculated in accordance with NFPA 70 for rigid polyvinyl chloride (PVC) conduit installed above ground to compensate for thermal expansion and contraction. 3. Where calculated in accordance with NFPA 70 for reinforced thermosetting resin conduit (RTRC) conduit installed above ground to compensate for thermal expansion and contraction. 4. Where conduits are subject to earth movement by settlement or frost. J. Condensation Prevention: Where conduits cross barriers between areas of potential substantial temperature differential, provide sealing fitting or approved sealing compound at an accessible point near the penetration to prevent condensation. This includes, but is not limited to: 1. Where conduits pass from outdoors into conditioned interior spaces. 2. Where conduits pass from unconditioned interior spaces into conditioned interior spaces. K. Provide grounding and bonding in accordance with Section 26 05 26. END OF SECTION xxx / 19-035 City of Newport RR 26 05 33.13 - 4 CONDUIT FOR ELECTRICAL Renovation SYSTEMS SECTION 26 24 16 PANELBOARDS PART1 GENERAL 1.01 SECTION INCLUDES A. Power distribution panelboards. B. Overcurrent protective devices for panelboards. 1.02 RELATED REQUIREMENTS A. Section 26 05 26 - Grounding and Bonding for Electrical Systems. B. Section 26 05 29 - Hangers and Supports for Electrical Systems. 1.03 REFERENCE STANDARDS A. NECA 1 - Standard for Good Workmanship in Electrical Construction; 2015. B. NECA 407 - Standard for Installing and Maintaining Panelboards; 2015. C. NEMA 250 - Enclosures for Electrical Equipment (1000 Volts Maximum); 2018. D. NEMA PB 1 - Panelboards; 2011. E. NEMA PB 1.1 - General Instructions for Proper Installation, Operation and Maintenance of Panelboards Rated 600 Volts or Less; 2013. F. NFPA 70 - National Electrical Code; Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements. G. UL 50 - Enclosures for Electrical Equipment, Non -Environmental Considerations; Current Edition, Including All Revisions. H. UL 50E - Enclosures for Electrical Equipment, Environmental Considerations; Current Edition, Including All Revisions. UL 67 - Panelboards; Current Edition, Including All Revisions. J. UL 489 - Molded -Case Circuit Breakers, Molded -Case Switches and Circuit Breaker Enclosures; Current Edition, Including All Revisions. 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordination: 1. Coordinate the work with other trades to avoid placement of ductwork, piping, equipment, or other potential obstructions within the dedicated equipment spaces and working clearances for electrical equipment required by NFPA 70. 2. Coordinate arrangement of electrical equipment with the dimensions and clearance requirements of the actual equipment to be installed. 3. Verify with manufacturer that conductor terminations are suitable for use with the conductors to be installed. 4. Notify Architect of any conflicts with or deviations from Contract Documents. Obtain direction before proceeding with work. 1.05 SUBMITTALS A. See Section 01 30 00 - Administrative Requirements, for submittal procedures. B. Product Data: Provide manufacturer's standard catalog pages and data sheets for panelboards, enclosures, overcurrent protective devices, and other installed components and accessories. C. Shop Drawings: Indicate outline and support point dimensions, voltage, main bus ampacity, overcurrent protective device arrangement and sizes, short circuit current ratings, conduit entry locations, conductor terminal information, and installed features and accessories. 1.06 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. xxx / 19-035 City of Newport RR 262416-1 PANELBOARDS Renovation PART PRODUCTS 2.01 PAN ELBOARDS -GENERAL REQUIREMENTS A. Provide products listed, classified, and labeled as suitable for the purpose intended. B. Unless otherwise indicated, provide products suitable for continuous operation under the following service conditions: 1. Altitude: Less than 6,600 feet (2,000 m). 2. Ambient Temperature: a. Panelboards Containing Circuit Breakers: Between 23 degrees F (-5 degrees C) and 104 degrees F (40 degrees C). C. Short Circuit Current Rating: 1. Provide panelboards with listed short circuit current rating not less than the available fault current at the installed location as indicated on the drawings. D. Mains: Configure for top or bottom incoming feed as indicated or as required for the installation. E. Branch Overcurrent Protective Devices: Replaceable without disturbing adjacent devices. F. Bussing: Sized in accordance with UL 67 temperature rise requirements. 1. Provide solidly bonded equipment ground bus in each panelboard, with a suitable lug for each feeder and branch circuit equipment grounding conductor. G. Conductor Terminations: Suitable for use with the conductors to be installed. H. Enclosures: Comply with NEMA 250, and list and label as complying with UL 50 and UL 50E. 1. Environment Type per NEMA 250: Unless otherwise indicated, as specified for the following installation locations: 2. Boxes: Galvanized steel unless otherwise indicated. a. Provide wiring gutters sized to accommodate the conductors to be installed. 3. Fronts: a. Fronts for Surface -Mounted Enclosures: Same dimensions as boxes. 4. Lockable Doors: All locks keyed alike unless otherwise indicated. Future Provisions: Prepare all unused spaces for future installation of devices including bussing, connectors, mounting hardware and all other required provisions. 2.02 POWER DISTRIBUTION PANELBOARDS A. Description: Panelboards complying with NEMA PB 1, power and feeder distribution type, circuit breaker type, and listed and labeled as complying with UL 67; ratings, configurations and features as indicated on the drawings. B. Conductor Terminations: 1. Main and Neutral Lug Material: Aluminum, suitable for terminating aluminum or copper conductors. 2. Main and Neutral Lug Type: Mechanical. C. Bussing: 1. Phase and Neutral Bus Material: Aluminum. 2. Ground Bus Material: Aluminum. D. Circuit Breakers: Provide bolt -on type or plug-in type secured with locking mechanical restraints. E. Enclosures: Provide surface -mounted enclosures unless otherwise indicated. 2.03 OVERCURRENT PROTECTIVE DEVICES A. Molded Case Circuit Breakers: 1. Description: Quick -make, quick -break, over center toggle, trip -free, trip -indicating circuit breakers listed and labeled as complying with UL 489, and complying with FS W -C-375 where applicable; ratings, configurations, and features as indicated on the drawings. xxx / 19-035 City of Newport RR 262416-2 PANELBOARDS Renovation 2. Interrupting Capacity: a. Provide circuit breakers with interrupting capacity as required to provide the short circuit current rating indicated, but not less than: 1) 10,000 rms symmetrical amperes at 240 VAC or 208 VAC. b. Fully Rated Systems: Provide circuit breakers with interrupting capacity not less than the short circuit current rating indicated. 3. Conductor Terminations: a. Lug Material: Aluminum, suitable for terminating aluminum or copper conductors. 4. Multi -Pole Circuit Breakers: Furnish with common trip for all poles. 5. Do not use tandem circuit breakers. 6. Do not use handle ties in lieu of multi -pole circuit breakers. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that field measurements are as indicated. B. Verify that the ratings and configurations of the panelboards and associated components are consistent with the indicated requirements. C. Verify that mounting surfaces are ready to receive panelboards. D. Verify that conditions are satisfactory for installation prior to starting work. 3.02 INSTALLATION A. Perform work in accordance with NECA 1 (general workmanship). B. Install products in accordance with manufacturer's instructions. C. Install panelboards in accordance with NECA 407 and NEMA PB 1.1. D. Arrange equipment to provide minimum clearances in accordance with manufacturer's instructions and NFPA 70. E. Provide required support and attachment in accordance with Section 26 05 29. F. Install panelboards plumb. G. Mount panelboards such that the highest position of any operating handle for circuit breakers or switches does not exceed 79 inches (2000 mm) above the floor or working platform. H. Provide grounding and bonding in accordance with Section 26 05 26. I. Install all field -installed branch devices, components, and accessories. J. Provide filler plates to cover unused spaces in panelboards. 3.03 ADJUSTING A. Adjust tightness of mechanical and electrical connections to manufacturer's recommended torque settings. B. Adjust alignment of panelboard fronts. 3.04 CLEANING A. Clean dirt and debris from panelboard enclosures and components according to manufacturer's instructions. B. Repair scratched or marred exterior surfaces to match original factory finish. END OF SECTION xxx / 19-035 City of Newport RR 2624 16-3 PANELBOARDS Renovation