HomeMy WebLinkAboutC-7642-1 - Beach Restroom Electrical Panel Rehabilitation ProjectT
r CITY OF NEWPORT BEACH
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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
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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):
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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
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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