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Home My WebLink AboutC-9691-1 - Central Library Air Handler Replacement1 /28/26, 11:41 AM Batch 20547338 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II III II III III III �1��J fI ]1� 1 1 N 0 F E E *$ R 0 0 1 6 0 1 9 9 1 5 $ * 2026000021217 11:17 am 01128126 869 Ex6A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and MEP Fusion from Studio City, CA, as Contractor, entered into a Contract on 01/28/2025. Said Contract set forth certain improvements, as follows: Central Library Air Handler Replacement Contract No. 9691-1 Work on said Contract was completed, and was found to be acceptable on January 27, 2026, by the City Council. The title to said property is vested in the Owner and the Surety for said Contract is Advantage Business Insurance Services. BY % 19 6)1 Davld e , Public Wor s Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on January 28, 2026, at Newport Beach, California. BY Lena Shumway, City Clerk https://gs.secure-erds.com/Batch/Confirmation/20547338 1/3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and MEP Fusion from Studio City, CA, as Contractor, entered into a Contract on 01/28/2025. Said Contract set forth certain improvements, as follows: Central Library Air Handler Replacement Contract No. 9691-1 Work on said Contract was completed, and was found to be acceptable on January 27, 2026, by the City Council. The title to said property is vested in the Owner and the Surety for said Contract is Advantage Business Insurance Services. BY David e - , Public Wor s Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on January 28, 2026, at Newport Beach, California. BY Lena Shumway, City Clerk CITY OF NEWPORT BEACH NOTICE INVITING BIDS U Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 2:00 PM on the 27th day of November 2024, at which time such bids shall be opened and read for Central Library Air Handler Replacement Contract No. 9691-1 $1,100,000 Engineer's Estimate Approved by James M. Houlihan ,.Deputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/12ortal/portal.cfm?CompanylD=22078 MANDATORY PRE -BID SITE WALK: A mandatory job walk will be conducted for this project on November 14th, 2024 at 8:30 a.m. at the site located at 1000 Avocado Ave, Newport Beach, CA 92660 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 1821 East Dyer Road # 125, Santa Ana, CA 92705 Contractor License Classification required for this project: "C-20" For further information, call Ellis Petersen, P.E., Project Manager at (949) 644-3014 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- registration City of Newport Beach Central Library Air Handler Replacement Contract No. 9691-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10 NON -COLLUSION AFFIDAVIT..................................................................... 14 DESIGNATION OF SURETIES...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................16 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 22 CONTRACT.................................................................................................................. 23 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 Central Library Air Handler Replacement Contract No. 9691-1 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 Once in Sealed Envelope before the bid opening) 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. 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, 2"d 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, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 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, 3 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 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 4 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. 1111182 B, C-20 /President Contractor's License No. & Classification Authorized Signature/Title 1001136211 & 6/30/2026 12/11 /2024 DIR Registration Number & Expiration Date MEP Fusion, inc Bidder 9 Date City of Newport Beach Central Library Air Handler Replacement Contract N o. 9691-1 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 one hundred and thirty thousand Dollars ($ 130,000 , to be paid and forfeitedtote ity o Newport Beach if the bid proposa of the un ersigned Principal for the construction of Central Library Air Handler Replacement, Contract No. 9691-1 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 06 MEP Fusion Name of Contr-a-clor(Principal) Old Republic Surety Company Name of Surely 455 S Moorland Rd Ste 200 Brookfield, WI 53005 Address of Surety 866 435-3236 Telephone day of December . 2024. /CEO MEP Fusion Authorized ignature/Title VG 9URpT1 . • W��Conrvy r � O =9i SEAL;;; % < ut orize gent i a ure John W. Woodruff Attorney -in -Fact Print Name -and Title (Notary acknowledgment of Principal & Surety must be attached) 0 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 Califor a County of ©�/� } ss. On Dt C, �llr i_, 20,2-t— before me, 11eZK 0. b rwt,&M Notary Public, personally appeared JC9lIW► W OOA( 01H--- 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. °e r,,r COLLEEN D. STORMANS hand and official seal. Notary Dubuc •California WITNESS my � ;� _ Orange County s Commission # 2339590 CA 0%AMX— 'i,.o="'� My Comm, Expires Dec 22. 2024 ' Signa ure (seal) 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) Thumbprint of Signer n Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: N Check here I 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_L05 /}0jetes_ } ss. On 20:Zq . belore me, 7�-O$2 {Q-t?gns RlVerN Not Public, personally appeared f c e 2 ' 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. JOSE REYES RIVERA WITNESS my hand and official seal. *my NotaryPublic-California Los Angeles CountyCommission # 2438765 Comm. Expires Feb t9, 2027 1 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 53 (seal) * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: JOHN W. WOODRUFF, OF SAN JUAN CAPISTRANO, CA its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits ofthe authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 8TH day of AUGUST, 2022. C�' Assistant Secretary STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS On this 8TH day of AUGUST, 2022 OLD REPUBLIC SURETY COMPANY �J w vew��q O` SEAL >< o President , personally came before me, Alan Pavlic and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. Auer+` ; NoUtry Public My commission expires: 9/28i2O26 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTI FY that the foregoing and attached Power of Attomey remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 70-0053 Signed and sealed at the City of Brookfield. WI this g� SEAL ADVANTAGE BUSINESS INS SERV day of __ Assistant Secretary 22851-W POAORS 102020 City of Newport Beach Central Library Air Handler Replacement Contract No. 9691-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT 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 DIR registration numbers for each subcontractor. MEP Fusion, Inc Bidder 9 /President Authorized Signature/Title City of Newport Beach Central Library Air Handler Replacement Contract No. 9691-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name MEP Fusion, inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. FAILURE OF THE BIDDER TO PROVIDE SATISFACTORY REFERENCES FOR MULTIPLE PROJECTS COMPLIANT WITH THE BELOW CRITERIA MAY BE CONSIDERED NON -RESPONSIVE. For all public agency HVAC projects you have worked on (or are currently working on) in the past 5 years in excess of $500,000, provide the following information: No. 1 Project Name/Number Patient Library HVAC Replacement Project Description Replacing the HVAC system Approximate Construction Dates: From 11 /2024 To: 12/2024 Agency Name Department of State Hospital Contact Person Xan Van Elden Telephone ( ) 949-391-5066 Original Contract Amount $ 882.769 Final Contract Amount $ 882,769 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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 10 No. 2 Project Name/Number La Sierra Library - Riverside Project Description Design / build to replace the air conditioning system Approximate Construction Dates: From 02/2024 Agency Name City Of Riverside Contact Person Michael Combs TO: 09/2024 Telephone ( ) 951-351-6004 Original Contract Amount $ 1,150,000 Final Contract Amount $ 1,150,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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. m No. 3 HVAC Replacement for Various Buildings Project Name/Number P 9 Project Description HVAC Replacement to 4 building - San Bernardino Approximate Construction Dates: From 08/2023 TO: 11/2023 Agency Name Caltrans Contact Person Mike Odonnell Telephone ( ) 909-801-5563 Original Contract Amount $ 725,500 Final Contract Amount $ 865,940 If final amount is different from original, please explain (change orders, extra work, etc.) Client Added Scope 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 11 No. 4 Project Name/Number HVAC Replacement to Various Buildings / C23-530 Project Description Replace HVAC Systems Approximate Construction Dates: From 04/2023 Agency Name North County Transit District TO: 09/2023 Contact Person Jennifer Taylor Telephone ( ) 760.967.2862 Original Contract Amount $ 1,630,890 Final Contract Amount $ 1,630,890 If final amount is different from original, please explain (change orders, extra work, etc.) NO 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. N/A No. 5 Project Name/Number City Hall Renovation / B574 Project Description City Hall Reno Including HVAC Approximate Construction Dates: From 02/2022 Agency Name City Of Torrance To: 12/2022 Contact Person LORETTA PEREZ Telephone ( ) 310.618.2379 Original Contract Amount $_ 4,200,850 Final Contract Amount $ 4,540,850 If final amount is different from original, please explain (change orders, extra work, etc.) Client Added scope 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. N/A 12 No. 6 Project Name/Number West LA High School Campus Upgrade Project Description Approximate Construction Dates: From 08/2021 Agency Name LAUSD Contact Person Marty Barrios To: 04/2022 Telephone ( ) 213-241-6990 Original Contract Amount $ 5,520,630 Final Contract Amount $ 5.520,630 If final amount is different from original, please explain (change orders, extra work, etc.) NO 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. N/A 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. MEP Fusion, Inc Bidder 13 / President Authorized Signature/Title GA PROFESSIONAL SUMMARY George Aziz Project Construction Manager Highly adept and innovative Engineering Project/Construction Manager with over 23 years of experience in orchestrating all aspects of construction projects, from design conception through to successful execution. Expert in leading diverse, cross -functional teams and maintaining open lines of communication across all SKILLS 0 • s • QUALIFICATIONS & SKILLS Construction Support including Shop Drawing / Submittal Review, Punch List, ...etc. Communicate effectively to resolve engineering and field coordination issues. Ability to work in a fast -paced team environment with multiple disciplines. Full Management skills including day-to-day operations. Excellent Managing Skills, staying on budget and schedule. Exceptional Knowledge of the industry governing codes. REVIT 2022. • Proficient in Navisworks 2022 (Navigate the model, running clash detection, coordination, creating viewpoints and mark-ups) • Proficient in BIM 360 Glue (Navigate the model, running clash detection, coordination, creating viewpoints and mark-ups) • Proficient in Bluebeam & Bluebeam Studio (Marking up drawings, export comments, WDI tool set) • Proficient in Microsoft office (Creating Excel spread sheets, word documents, Outlook, • Presentations, etc.) • Proficient in designing complete HVAC systems using established engineering practices. • Proficient in AutoCAD MEP • Proficient in California Title 24 code calculations and code compliance issues. rrt rrn irru IENT ISimI arrc AIR TREATIIIL I f5...1 i..r=: ,rri: -CORPORATION .::, 640 N. Puente St., Brea, CA. 92821 •909-869-7975 • www.airtreatment.com George Aziz - letter Of Recommendation - Temtrol Robert Shafer Senior Sales Engineer Air Treatment Corporation 640 N. Puente Street Brea, California 92821 Mobile: (714) 875-8995 Email: rshafer(cDairtreatment.com December 10, 2024 To Whom it May Concern, I am writing today to highly recommend Mr. George Aziz for his HVAC Industry expertise in Designing and Installing Temtrol Air Handling -Air Conditioning Units. Over the past 15 years, I have had the privilege of working closely with George on numerous projects spanning from the design phase to final construction. His extensive experience, technical proficiency, and dedication to excellence have consistently impressed both our Sales Engineering Team at Air Treatment Corporation and his clients. George has an unparalleled understanding of Temtrol Air Handling -Air Conditioning Unit Systems, consistently demonstrating innovated solutions to meet project requirements. His ability to integrate these custom units seamlessly into a wide variety of designs showcases both his technical skill and adaptability. Moreover, his hands- on approach and attention to detail during installation ensure the highest standards of performance and reliability. Having collaborated with George on many successful projects, I can confidently say he is a consummate professional who exemplifies reliability, expertise, and integrity. He is not only a skilled engineer and contractor but also a trusted partner in delivering outstanding results. Please feel free to contact me at (714) 875-8995 or rshafer(cbairtreatment.com if you have any questions or need further information. Sincerely, Robert Shafer Senior Sales Engineer, Air Treatment Corporation EDUCATION CERTIFICATIONS AFFILIATIONS EXPERIANCE SAMPLE PROJECTS Bachelor of Science I Mechanical Engineering • Licensed PE (Mechanical Engineer), Licensed Contractor American Society of Heating Refrigerating and Air -Conditioning Engineers (ASHRAE) 2019 - Present MEP Fusion, inc - Studio City, CA 2013-2019 Walt Disney Imagineering - Glendale - CA 2002-2013 MEDG - Glendale - CA 2000-2002 ACCO, Glendale - CA STAR WARS LAND IN DISNEYLAND-CALIFORNIA & FLORIDA Project And Construction Manager Star wars Land consisted of two major attractions, during the design had a code name of Alcatraz and Big Bird • 1 was Responsible of the development of the Alcatraz Attraction, 176,000 square feet from the design phase and throughout the construction phase, Managing and supervising the local consultant and contractor (Southland) assisted in completing the construction documents after the schematic phase, responsible for answering RFI's, reviewing submittals, coordinating work at the site, supervising the contractor and ensure the construction schedule is enforced within the budget. DISNEY SHANGHAI- ADVENTURE ISLE LAND Project Manager I China, Shanghai • Responsible of the development of this land (One Billion Dollar) throughout the design and the construction phase, Managing and supervising the local shanghai design firm (LDI) that assisted in completing the construction documents after the schematic phase, responsible for answering RFI's, reviewing submittals, coordinating work at the site, supervising the contractor and ensure the construction schedule is enforced within the budget. ZOOTOPIA - ATTRACTION AT DISNEY SHANGHAI Project And Construction Manager • For the Sting attraction (Zootopia) in Shanghai Disneyland, As Project Manager, I am responsible for the project development from design phase throughout the construction phase and completion, Managing and supervising the local shanghai design firm (LDI) that assisted in completing the construction documents after the schematic phase, responsible for answering RFI's, reviewing submittals, coordinating work at the site, supervising the contractor and ensure the construction schedule is enforced within the budget. CARS LAND - DISNEY CALIFORNIA ADVENTURE (DCA) Principal Mechanical Engineer For the Luiqi's Attraction and the Flow's Cafe • Responsible for design, specifications, equipment sizing and selection review shop drawings, construction support and punch list., for this attraction which was a thirteen -story tower with Queue line and Merchandise Shop • Worked on the project from the Feasibility phase through Construction phase, responsible for calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. PROJECT MECHANICAL ENGINEER Magic Kingdom Expansion, Walt Disney world Resort • From feasibility through the DD phase, this expansion includes Be Our Guest complex, Cinderella Meet and Greet, Seven Dwarfs Mine Train Coaster, Little Mermaid and Fantasyland Area Restrooms • Responsible for calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. WDW, DISNEY ANIMAL KINGDOM Project Engineer • For this attraction which consisted of the main ride, Queue building and merchandise shop • Various scenes within the mountain used the Air -Conditioning system as a special effect to give the impression of the cold climate as in the real Everest Mountain • Worked on the project from the Feasibility phase through Construction phase, responsible for calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. BUZZ LIGHT YEAR DISNEYLAND, TERROR ATTRACTION Project Engineer • For this Renovation project which converted the existing ride (Circle Vision) to be BUZZ Light Year, worked on the project from the Feasibility phase through Construction phase • Responsible for the demolition of the existing systems, calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. AL DANA AT AL RAHA BEACH AT DUBAI Mechanical Engineer • For this 620,000m2 mixed -use beach resort development with five 34 story residential towers, a 50-story hotel, two office towers, retail, and three levels of below -grade parking, as well as several blocks of low-rise residential • Organized around a public marina and central business district, the project will serve as the primary transit center for water transport throughout Al Raha Beach. WOVEN GARDEN, DUBAI INTERNATIONAL FINANCIAL CENTER Mechanical Engineer • For this commercial development with 1.5km covered walkway, outdoor garden. • The project includes adjoining retail, leisure and entertainment venues, a central, mixed -use tower and related below -grade parking and service areas. CALTECH, GUGGENHEIM BUILDING Mechanical Engineer • For the Guggenheim building Rehab, three story building plus a basement including computer rooms, labs, and offices. • Worked on the project from the Schematic phase through Construction phase, responsible for calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. CALTECH, FIRESTONE BUILDING Mechanical Engineer • For the Firestone building Rehab three story building with basement including computer rooms, labs and offices. • Worked on the project from the Schematic phase through Construction phase, responsible for calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. CALTECH, WEST BRIDGE LAB Mechanical Engineer • For the West Bridge lab retrofit, Lab contains variable air volume fume exhaust hoods requirement plus clean room environment for overly sensitive experiments that will be conducted. • Responsible for site investigation, define demolition scope, calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. CALTECH, SOUTH MUD LAB Mechanical Engineer • For the South Mud lab retrofit, Lab contains variable air volume fume exhaust hoods. • Responsible for site investigation, define demolition scope, calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. CALTECH, CHURCH LAB Mechanical Engineer • For the Church lab retrofit, Lab contains variable air volume fume exhaust hoods with aggressive chemicals. • Responsible for site investigation, define demolition scope, calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. CALTECH, KERKHOF LAB Mechanical Engineer • For the Kerckoff lab retrofit, Lab contains variable air volume fume exhaust hoods with aggressive chemicals. • Responsible for site investigation, define demolition scope, calculations, design, equipment plus sizing and selection, specifications, coordination with other disciplines and consultants. CALTECH, SOUTH MUD DATA CENTRE Mechanical Engineer • For the South Mud Data Centre Rehab, Project scope with increasing the data center capacity by allowing more cooling and humidification capability to maintain the cold and hot isles at the desired design temperature, also provide alternate cooling system in case of failure in the primary cooling system. • Worked on the project from the Schematic phase all the way to the Construction phase, responsible for calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. LAUSD, FLORENCE ELEMENTARY SCHOOL Mechanical Engineer • The Florence Elementary School Rehab project, two story building with more than twenty classrooms. • Worked on the project from the Schematic phase to the Construction phase • Responsible for site investigation, defining the demolition scope, calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. LAUSD, LOYOLA ELEMENTARY SCHOOL Mechanical Engineer • The Loyola Elementary School Rehab project, three one story buildings • Worked on the project from the Schematic phase to the Construction phase • Responsible for site investigation, defining the demolition scope, calculations, design, equipment plus sizing and selection, specifications, coordination with other disciplines and consultants. LAUSD, GRANADA HILLS HIGH SCHOOL Mechanical Engineer • The Granada Hills Elementary School Rehab project, two story building with more than twenty classrooms. • Worked on the project from the Schematic phase to the Construction phase • Responsible for site investigation, defining the demolition scope, calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. LAUSD, CORONA ELEMENTARY SCHOOL Mechanical Engineer • The Corona Elementary School Renovation project • One story building with two Cafeterias (Student and Faculty cafeterias) • Worked on the project from the Schematic phase to the Construction phase. • Responsible for site investigation, defining the demolition scope, calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. LAUSD, ERWIN ELEMENTARY SCHOOL Mechanical Engineer • For the Erwin Elementary School office modernization project, one story Administration Building • Worked on the project from the Schematic phase to the Construction phase. • Responsible for site investigation, defining the demolition scope, calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. LAUSD, LA CIENEGA HIGH SCHOOL Mechanical Engineer • For the La Cienga high school Central Plant Rehab project, changing the heating system in the central plant that is serving water source heat pumps, scope was to replace the existing un-efficient steam boiler and heat exchanger system with a hot water boiler which is integrated in the same loop where the cooling tower exists. • Worked on the project from the Schematic phase to the Construction phase. • Responsible for site investigation, defining the demolition scope, calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. LAUSD, WEST ADAMS HIGH AND MID SCHOOL Mechanical Engineer • For the new West Adams high and mid school Campus, two school buildings two story each. • Worked on the project from the Schematic phase to the Construction phase. • Responsible for site investigation, calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. LAUSD, STREET HIGH SCHOOL Project Engineer • The 95th Street High School Project, Two Buildings Two story each contain about 25 classrooms, Buildings were designed to utilize the existing central system by using water source heat pumps. • Worked on the project from the Schematic phase all the way to the Construction phase. • Responsible for calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. CALANDO, RESEARCH AND DEVELOPMENT LAB Project Engineer • For the new R&D lab in Pasadena City, scope included five fume hoods which all contained chemical exhaust. • Worked on the project from the Schematic phase to the Construction phase. • Responsible for site investigation, calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. i 0 0 ETEK PHASE IV Mechanical Engineer • For this electron board's manufacturer facility in the Silicon Valley client was a big developer in the Silicon Valley Area "Berg and Berg" • Assisted in the design phase of the project tasks included calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. CELESTICA II Mechanical Engineer • For this electron board's manufacturer facility in the Silicon Valley client was a big developer in the Silicon Valley Area "Berg and Berg" Assisted in the design phase of the project tasks included calculations, design, s equipment sizing and selection, specifications, coordination with other • Disciplines and consultants. PASEO COLORADO RETAIL Mechanical Engineer • For retail mall facility in Pasadena city in California • Assisted in the design phase of the project tasks included calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. O.N.I SEMICONDUCTOR FACILITY Mechanical Engineer • For this Semiconductors manufacturer facility in the Silicon Valley client was a big developer in the Silicon Valley Area "Berg and Berg" • Assisted in the design phase of the project tasks included calculations, design, equipment sizing and selection, • Specifications, coordination with other disciplines and consultants. STREET HIGH SCHOOL, Mechanical Engineer • This Data Centre facility in the Silicon Valley • Assisted in the design phase of the project tasks included calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. SAN FRANCISCO FEDERAL BUILDING Mechanical Engineer • This is the first high rise building in the nation to be air conditioned using natural ventilation. • As a mechanical engineer I was responsible of preparing the documentation/calculations for the Green Building Council to achieve the LEED certification. LINCOLN SQUARE Mechanical Engineer • For 250,000 sq • Ft office/hotel towers in Washington DC • Assisted in the design phase of the project tasks included calculations, design, equipment sizing and selection, specifications, coordination with other disciplines and consultants. CALTRANS SAN BERNARDINO COUNTY Construction Manager As a Construction Manager I was responsible for planning, procurement, coordinating, and supervising a construction project from start to finish. tasked with preparing budgets and schedules, interpreting, and explaining contracts and technical information to other professionals, reporting work progress and budget matters to clients, collaborating with architects, engineers, and other construction specialists, selecting subcontractors and coordinating their activities. They ensure that all work is carried out according to plan, adhering to legal regulations, building codes, and safety standards, also responsible for troubleshooting any issues that arise during the project, ensuring quality control, and effectively managing risks. CITY OF TORRANCE, HVAC REPLACEMENT Construction Manager As a Construction Manager I was responsible for planning, procurement, coordinating, and supervising a construction project from start to finish. tasked with preparing budgets and schedules, interpreting and explaining contracts and technical information to other professionals, reporting work progress and budget matters to clients, collaborating with architects, engineers, and other construction specialists, selecting subcontractors and coordinating their activities. They ensure that all work is carried out according to plan, adhering to legal regulations, building codes, and safety standards, also responsible for troubleshooting any issues that arise during the project, ensuring quality control, and effectively managing risks. NORTH COUNTY TRANSIT DISTRICT, HVAC RENO. Construction Manager As a Construction Manager I was responsible for planning, procurement, coordinating, and supervising a construction project from start to finish. tasked with preparing budgets and schedules, interpreting and explaining contracts and technical information to other professionals, reporting work progress and budget matters to clients, collaborating with architects, engineers, and other construction specialists, selecting subcontractors and coordinating their activities. They ensure that all work is carried out according to plan, adhering to legal regulations, building codes, and safety standards, also responsible for troubleshooting any issues that arise during the project, ensuring quality control, and effectively managing risks. UNITED STATES ARMORY, HVAC RENO. Construction Manager As a Construction Manager I was responsible for planning, procurement, coordinating, and supervising a construction project from start to finish. tasked with preparing budgets and schedules, interpreting and explaining contracts and technical information to other professionals, reporting work progress and budget matters to clients, collaborating with architects, engineers, and other construction specialists, selecting subcontractors and coordinating their activities. They ensure that all work is carried out according to plan, adhering to legal regulations, building codes, and safety standards, also responsible for troubleshooting any issues that arise during the project, ensuring quality control, and effectively managing risks. City of Newport Beach Central Library Air Handler Replacement Contract No. 9691-1 NON -COLLUSION AFFIDAVIT State of California ) County of Los Angeles ) ss. Adel Aziz being first duly sworn, deposes and says that he or she is President of MEP Fusion, Inc , 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 parry 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 Califor ' that the foregoing is true and correct. MEP Fusion, Inc /President Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this i itn day of December 2024 by Adtl AZt Z , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the Stat�f California that the foregoing paragraph is true and correct. /? Notary Public [SEAL] My Commission Expires: to _ See Attached Certificate 14 CALIFORNIA JURAT GOVERNMENT CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof SOS Angd e.•S *my ALLIYAH OUTTEN Notary Public - California Los Angeles County Commission # 2427594 i No Comm. Expires Nov 21, 2026 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this I I day of kCel &-( , 20 2y , by Date Month Year (and (2) ), Name() of Signer() proved to me on the basis of satisfactory evidence to be the person(s) who apg4ared byre me. Signature of Notary Public OPTIONAL Completing t information ca eter alteration the document or fraudule reattachment of is form to an a tended document on of Attached Document or Type of Pages: Signey(s) Other Than 9(amed Above: 02019 National Notary Association City of Newport Beach Central Library Air Handler Replacement Contract No. 9691-1 DESIGNATION OF SURETIES Bidder's name MEP Fusion, inc 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): Surety Agency to provide , Bid , Payment And Performance Bonds Advantage Business Insurance Services 26681 Las Ondas Dr, Mission Viejo, CA 92692 CA DOI #0151892 TX Lic# 1946043 WA Lic# 1037195 CA DOI #01-71027 TX Lic# 2457983 WA Lic# 1037447 (714) 947-1248 direct line John Woodruff (949) 441-9849 cell Email: JohnW@Advantagelns.net Website: www.Advantagelns.net 15 City of Newport Beach Central Library Air Handler Replacement Contract No. 9691-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL FAILURE OF THE BIDDER TO DEMONSTRATE YEARLY TOTAL DOLLAR AMOUNT OF CONTRACTS OF AT LEAST $5,000,000.00 FOR EACH OF THE LAST THREE (3) YEARS (2024, 2023 & 2022) AND AT LEAST $25,000,000.00 AGGREGATE OVER THE LAST SIX (6) YEARS (2024, 2023, 2022, 2021, 2020 & 2019) MAY BE CONSIDERED NON -RESPONSIVE. Bidder's Name MEP Fusion, inc Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2023 2022 2021 2020 2019 Total 2024 No. of contracts 5 5 4 2 4 5 21 Total dollar Amount of 39,821 K Contracts (in 7,258 K 7,450 K 6,024 K 5,230 K 5,090 K 5,769 K (About 40 M) Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job 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. 16 Legal Business Name of Bidder MEP Fusion, inc Business Address: 11054 Ventura Blvd, Ste 226 , Studio City, CA 91604 Business Tel. No.: 818-217-8422 State Contractor's License No. and Classification: CSLB # 1111182 Class B and C-20 Title President 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 12/11/2024 Title President Signature of bidder Date 12 /2024 Title Assistant of Secretary 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 ATTACHEM 17 CALIFORNIA JURAT GOVERNMENT CODE § 8202 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 us Ahgtl a ALUYAH 0UTrEN *my Notary Public - California Los Angeles County Commission # 2427594 Comm. Expires Nov 21, 2026 Place Notary Seal and/or Stamp Above Completing t information fraudule reattachment o of Attao ied Document or Type Other Than piamed Above: 02019 National Notary Association Subscribed and sworn to (or affirmed) before melon this (( day of �CCll�c a' 20 �y , by Date Month Year (1) Add A-z-, z (and (2) }, Nome() of Signer() proved to me on the basis of satisfactory evidence to be the person(s) who apoared tie me. Signature of Notary Public OPTIONAL 7ca eter alteration the document or is form to an a tended document. of Pages: City of Newport Beach Central Library Air Handler Replacement Contract No. 9691-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name MEP Fusion, inc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 1 11/21/2024 c . IN City of Newport Beach Central Library Air Handler Replacement Contract No. 9691-1 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: Name of individual Contractor, Company or Corporation: MEP Fusion, inc Business Address: 11054 Ventura Blvd, Ste 226, Studio City, CA 91604 Telephone and Fax Number: 818-217-8422 California State Contractor's License No. and Class: CSLB # 1111182 Class B and C-20 (REQUIRED AT TIME OF AWARD) Original Date Issued: 11/2002 Expiration Date: 10/31/2025 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: George Aziz - Project Manager The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Adel Aziz President 11054 Ventura Blvd, Ste 226, Studio City, CA 91604 818-217-8422 Corporation organized under the laws of the State of Californla 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: MEP Fusion, Inc, Corp - Adel Aziz, President 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; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. N/A For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? NO Yes / No C Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) NO Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Adel Aziz (Print name of Owner or President of Corporation/Company) MEP Fusion, inc Bidder Authorized Signature/Title President Title 12/11 /2024 Date On Z/ �� Zv- before me, (C MO-01 �`�G� I1/ Notary Public, personally appeared '; , who proved to me on the basis of satisfactory evidence to be the person(c) whose name(§) i3(are subscribed to the within instrument and acknowledged to me that 4/she/they executed the same in hi8>hedtheir authorized capacity (i1ss.), and that by fits/her/their signature(,$) on the instrument the personN), 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 MeI: / otary Public in and for said State My Commission Expires: V ' 5/ zoUs 21 CCAAMEERRON MAMAZAHRI Notary Public - California < /M1 Los Angeles County (SEAL) �' Commission 9 2484570 �•"" My Comm. Expires Mar 15, 2028 City of Newport Beach Central Library Air Handler Replacement Contract No. 9691-1 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 Councilmembers: The undersigned declares that the Contractor 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. 9691-1 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: 12/11 /2024 Date Bidder's Telephone and Fax Numbers 1111182 B, C-20 Bidder's License No(s). and Classification(s) 1001136211 DIR Registration Number Bidder's email address: MEP Fusion, inc Bidder /President Bidder's Authorized Signature and Title 11054 Ventura Blvd, ste 226 , Studio City, CA 91604 Bidder's Address info@mepfusion.com CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Pp�,� V ADDENDUM NO. 1 Gentral Library Air Handler Replacement CONTRACT RJO. 9691- DATE: — — 2A 7-z4 Y: / J_ Depu lic W6rk6,Virector/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. A. BID OPENING DATE — Change of Bid Opening Date to: December 12, 2024 at 2:00 P.M. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. A bid may be deemed unresponsive unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. MEP Fusion, inc Bidder's Name (Please Print) 12/11 /2024 Date President Authorized Signature & Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CENTRAL LIBRARY AIR HANDLER REPLACEMENT CONTRACT NO. 9691-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 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 SECTION 5 - UTILITIES 5-2 PROTECTION 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 3 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 6 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 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-10 SAFETY 7 7-10.3 Haul Routes 7 7-10.4 Safety 7 7-10.4.1 Work Site Safety 7 SECTION 9 - MEASUREMENT AND PAYMENT 8 9-2 LUMP SUM WORK 8 9-3 PAYMENT 8 9-3.1 General 8 9-3.2 Partial and Final Payment. 8 PART 3 - CONSTRUCTION METHODS 9 SECTION 300 - EARTHWORK 9 300-1 CLEARING AND GRUBBING 9 300-1.3 Removal and Disposal of Materials 9 300-1.3.1 General 9 PART 6 - TEMPORARY TRAFFIC CONTROL 10 SECTION 600 - ACCESS 10 600-1 GENERAL 10 600-2 VEHICULAR ACCESS 10 SECTION 601— WORK AREA TRAFFIC CONTROL 10 601-1 GENERAL 10 601-2 TRAFFIC CONTROL PLAN (TCP) 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CENTRAL LIBRARY AIR HANDLER REPLACEMENT CONTRACT NO. 9691-1 INTRODUCTION �oQROFes�'0* pNDRp� q_ �ct 58 zl r" 0 - --`� 9�F�FCA'Lifo� All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Engineer's Specifications; (3) the Plans (Drawing No. B-5324-S); (4) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (5) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria 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 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 Class "C-20" 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. Page SP 1 of 11 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 Work necessary for the completion of this contract consists of removal and replacement of Newport Beach Central Library's air handlers and hot water pumps along with associated efforts as detailed in the Plans. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 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 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 and shall constitute the markup for all Page SP2of11 overhead and profit. An additional markup of five (5) percent of the total subcontracted cost 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. SECTION 5 - UTILITIES 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 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. Page SP 3 of 11 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 addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. The public heavily utilizes the Newport Beach Central Library. The library cannot be occupied by the public while the air handlers are down. It is essential that library closure be minimized to the greatest extent possible. A maximum of two (2) weeks of library closure shall be allowed. Once City Council has approved a proposal/award of contract and that contract has been executed, a Notice to Procure shall be issued based on an approved procurement schedule. That Notice to Procure shall initiate the Procurement Period. At the end of the Procurement Period, A Notice to Proceed shall be issued and the contractor shall have two (2) weeks to prepare for construction (Preparation Period). The contractor shall then have two (2) weeks allowable down time for the air handler removal and replacement (Closure Period). At the end of that two (2) weeks, the air handlers shall be fully operational so the library can reopen. Then the contractor shall have two (2) additional weeks for finishing touches and cleanup (Finishing Period). Fine tuning of the HVAC system during the Finishing Period is acceptable, however, the system shall be adequately operational during this time to ensure the health and safety of library patrons as the library will be open. 6-7 TIME OF COMPLETION 6-7.1 General After the provision of a material and equipment procurement schedule and approval thereof, the Engineer shall issue a Notice to Procure. The Procurement Period shall be granted for shop drawing preparation, permit approval, equipment manufacturing and delivery. The City currently estimates the Procurement Period to be 180 consecutive calendar days. The Notice to Proceed will be issued at the expiration of the Notice to Procure. The Contractor shall complete all work under the Contract within 10 consecutive working days (Monday -Friday, Preparation Period), 14 consecutive working days (Monday -Sunday, Closure Period) and 10 consecutive working days (Monday -Friday, Finishing Period) 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 Page SP 4 of 11 material will not be sufficient reason to grant the Contractor an extension of time unless otherwise approved by the Engineer. Normal working hours during the Preparation Period and Finishing Period are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. Normal working hours during the Closure Period are limited to 7:00 a.m. to 7:00 p.m., Monday through Sunday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. -- This section applies to the Preparation Period and Finishing Period only Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on 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. 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 31 st (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 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 at 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 Page SP5of11 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 $10,000.00 for days requiring library closure (Closure Period overrun) and $1,000.00 for days not requiring library closure (Finishing Period overrun). 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. 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 Division (Plan Check No. PC2024-1324). The Contractor shall obtain building permits from the Community Development Department prior to starting work and submit any and all submittals for Community Development Department review per contract documents. City of Newport Beach Building Division permit and normal inspection fees shall be waived." 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 Page SP6of11 obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and backcharging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. Page SP7of11 The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 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 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, submittals, insurance and financing; preparing and implementing the BMP Plan; providing photographic record or building and surroundings documenting preconstruction conditions; 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 and providing any required documentation as noted in the Contract Documents. Item No. 2 Air Handler Replacement: Work under this item shall include furnishing all equipment, materials, supplies and labor for removal and replacement of Newport Beach Central Library's air handlers and hot water pumps along with associated efforts as detailed in the Plans. Item No. 3 Provide As -Built Drawings and Close-out Documents: 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, close-out documents and warranties. All warranties shall name the City as owner and recipient of warranties. 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 established for this bid item. The intent of this pre- set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. Page SP 8 of 11 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 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. Page SP9of11 PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City. The Contractor shall complete and distribute the notices. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. Page SP 10 of 11 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. Page SP 11 of 11 roA+o�,.n wzoox - rz/cz/eo e•a+mrwoi—aoscoxrz\wn w\are soU^•a ,•in�ox sY vi ,w sx wstsx•zbzaz\su3owA�s boa W Ui Zog88 O b H a H o z z o N w z LL W o° as a2 wuG w� =d -g�8o n§n�S j $has y $Ss N n ♦ u. 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Id98. . dd udd Hu r.. ...5 Hhl U) z w 2 . w > 0 < CK W CL < 0 > IL o W Z LL 0 00 < 0 0 > < < z w C-) § _ §( q 2 �§ ) k§ § Z; § /) � y— .—. , ......yam ------y-}-- 0 LU M 41 0 < U) / \\------ � � 71 P: LU U) W� o ^.\ . ° �� I\\ s C, iw ! � !; \<_ � \ �\ \ { ( ) � «� 41 ----- - ----- 1- T � ` ° ° � \ � \) IPA _ . . / H JH ��. �®\\ # \ // 0 va w � \ 2 cw" w z LL 0 0 0 < m\0 0 CENTRAL LIBRARY AIR HANDLER REPLACEMENT CONTRACT NO. 9691-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day of January, 2025. ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MEP FUSION, a California corporation ("Contractor"), whose address is 11054 Ventura Boulevard, #226, Studio City, CA 91604, 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: Work necessary for the completion of this contract consists of removal and replacement, of Newport Beach Central Library's air handlers and hot water pumps along with, associated efforts as detailed in the Plans (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. 9691-1, 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 One Million One Hundred Ninety Nine Thousand Five Hundred Dollars ($1,199,500.00). 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 Adel Aziz to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 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. 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 MEP Fusion Page 2 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: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Adel Aziz MEP Fusion 11054 Ventura Blvd, #226 Studio City, CA 91604 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 MEP Fusion Page 3 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. 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 MEP Fusion Page 4 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 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the 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. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 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 MEP Fusion Page 5 required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or 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. MEP Fusion Page 6 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 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. MEP Fusion Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this 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. MEP Fusion Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, 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] MEP Fusion 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: 2I1(29125 li By: AarcO C. Harp rrJS City Attorney ATTEST: A /��W Date: CITY OF NEWPORT BEACH, a California m nicipal corporation Date: 2. 25- By: May Joe apl ton CONTRACTOR: MEP FUSION, a California corporation Date: Signed in Counterpart By: - By: Leilani I. Bro Adel Aziz City Clerk ��P RT Chief Executive Officer, Chief Financial Officer, Secretary n v- [END OF SIGNATURES] cgC1 ORL Attachments: ibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C - Insurance Requirements MEP Fusion 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 ATTORNEY'S OFFICE Date: By: � �' , - M'.." J, 4, Aaib6t. Harp City Attorney 9/25 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Mayor Joe Stapleton ATTEST: CONTRACTOR: MEP FUSION, a Date: California corporation Date: in m�/�M�� By: By:_—� Leilani I. Brown Adel Aziz City Clerk Chief Executive Officer, Chief Financial Officer, Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements MEP Fusion Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to MEP FUSION hereinafter designated as the "Principal," a contract for work necessary for the completion of this contract consists of removal and replacement of Newport Beach Central Library's air handlers and hot water pumps along with associated efforts as detailed in the Plans 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, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million One Hundred Ninety Nine Thousand Five Hundred Dollars ($1,199,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as MEP Fusion Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED MEP Fusion Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) MEP Fusion Page A-3 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to MEP Fusion hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of removal and replacement of Newport Beach Central Library's air handlers and hot water pumps along with associated efforts as detailed in the plans 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 , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million One Hundred Ninety Nine Thousand Five Hundred Dollars ($1,199,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. MEP Fusion Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of ,20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: M Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED MEP Fusion Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) MEP Fusion Page B-3 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. 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, 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, volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/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 two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from MEP Fusion Page C-1 premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two million dollars ($2,000,000) combined single limit for each accident. D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. MEP Fusion Page C-2 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, 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/umbrella 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, 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, 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 (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 MEP Fusion Page C-3 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 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. MEP Fusion Page C-4 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. 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. MEP Fusion Page C-5 rn U o ry N ca c�a � U � 3 C CL rn o 0 :� U I i I i I i 7 1! � cn ti i CU 0 � � � T3 cn o to c� � i�j Ff1 C 7 f4 ' C LL C w E w U S9 C O. E SU ` ev � e I m m LL c � cs Q � o o Bey. _I U 0) cl 1,C) C�? U 0 c