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HomeMy WebLinkAboutC-5636 - Contract for the Improvement of Public Works - Dory Fleet Electrical ImprovementsAMENDMENT NO. ONE TO CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK U WITH JPT CONSTRUCTION, INC. FOR DORY FLEET ELECTRICAL IMPROVEMENTS C -5636 THIS AMENDMENT NO, ONE TO CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ( °Amendment No. One ") is made and entered into as of this 14th day of March, 2014 (°Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City"), and JPT CONSTRUCTION, INC., a Nevada corporation ( "Contractor"), whose principal place of business is 409 62nd Street, Newport Beach, CA 92663, and is made with reference to the following: RECITALS A. On November 11, 2013, City and Contractor entered into a Contract for the Improvement of Public Work ( "Contract ") for electrical improvements to the existing Dory Fleet facility located north of the Newport Pier, B. The parties desire to enter into this Amendment No. One to extend the term of the Contract to May 31, 2014, increase the scope of work, and increase the compensation. C. City and Contractor mutually desire to amend the Contract, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Contract is amended in its entirety and replaced with the following: "The term of this Contract shall commence on the Effective Date, and shall terminate on May 31, 2014, unless terminated earlier as set forth herein." 1 SCOPE OF WORK Exhibit B to the Contract shall be supplemented to include the Proposal dated January 25, 2014, attached hereto as Exhibit B and incorporated herein by reference ('Services" or "Work'). Exhibit B of the Contract and Exhibit B of Amendment No. One shall collectively be known as "Exhibit B ". The City may elect to delete certain Services within the Scope of Work at its sole discretion. 3. TIME OF PERFORMANCE Section 3 of the Contract shall not apply to those Services specified In the Proposal attached as Exhibit B to this Amendment No. One. JPT CONSTRUCTION, INC. Page 1 Section 4.1 of the Contract is amended in its entirety and replaced with the following; "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 Fifty Thousand Six Hundred Fifteen Dollars and 001100 ($50,615.00), less any money deducted pursuant to Section 3.2. Contractor shall not receive any additional compensation unless approved in writing in advance by City's Project Administrator as defined herein. City shall make full payment to Contractor no later than thirty (30) calendar days after acceptance of the Work by City." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subcontractor fees, in an amount not to exceed Thirty -Five Thousand Three Hundred Sixty-Five Dollars and 00 /100 ($35,365.00), 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Contract shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE JPT CONSTRUCTION, INC. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY' OFFICE Date: By: _ "4A, (At Aaron C. Plarp City Attorney ATTEST: Date: (3+ ) By: Aw— Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Davi A. Webb ` Public Works Director CONTRACTOR: JPT Construction, Inc. a Nevada corporation Date: 3 ,/,' iy J a(i-Pierre Tobon President Date:_ By: Cherie Tob Secretary [END OF SIGNATURES] Attachments: Exhibit B — Proposal Dated January 25, 2014 JPT CONSTRUCTION, INC. Page 3 JPT Construction, Inc. 409 62nd st Newport Beach, CA 92663 (714) 336 -1966 Cell (949) 631 -2568 Fax jptoonstnuctioninc @ gmaii.com Biding Address: I City of Newport Beach 100 Civic Center Drive Newport Beach, CA. 92658 Proposal Date Estimate No. 1/2512014 270 Jab Address: Dory Fleet 2111 W, Ocean Ft. Unit A - L NB., CA. 92663 Description Amount JPT Construction purposes to furnish all labor and materials to complete the following: A. Demo all old electrical from both buildings at the Dory Fleet 1,800.00 — Remove (3) sub - panels, their connectors and wiring — Remove (4) exterior lights, their connectors and wiring — Remove all electrical wires, outlets, switches, and any not - per -code electrical item — Clean up area and dump all debris S. Remove and demo old roof, plywood, rafters, trim and fascia 5,680.00 — Remove current rooting, paper, and plywood Remove current (2x4)" roof rafters, trim and fascia around each building — Secure and cover buildings with tarp, clean up area and dump all debris C. Install now roof, rafters, trim and fascia 27,885.00 — Install new (2x4)" Borate Treated roof and patio rafters at 24" on center -- install new {2x6}^ fascia on sellers court yard side (leaving the current height — approx.87") r Install new (10)" fascia/brim on ends & rear of buildings Thank you for continuing to use our services, Jean - Pierre Page 1 Total JPT Constructions Inc. 409 62nd st Newport Beach, CA 92663 (714) 336 -1966 Cell (949) 631 -2566 Fax jptconstructionincagmail.com Billing Address: 1 City of Newport Beach 100 Civic Center Drive Newport Beach, CA. 92656 Proposal Data Estimate No. vz5l2o1a 270 IJob Address: 2111 W. Ocean Ft. Unit A - L NB -, CA. 92663 Description Amount — install (4x8)" x 19132" CDX plywood — Install new boundaries metal flashing, using galvanized roofing nails — Install new Self - Adhering Undertayment and 30 -year composite roof Reestablish and seal ail current penetrations — Primer and paint new trim and fascia — (3) small (3x3)" Nrd houses on roo €are to remain "as -is" — Install (2) new sub - panels (Per City Bid Inspector): $600.00 — Install slurry concrete over 3" electrical Edison conduit (Per Edison inspector Steve Love): $300.00 D. Coordinate with City Building Division for inspections and the closing out of the permit — All work to be done in a professional manner according to CA. State Codes A no- permit fees is requested from the City Building Department Thank you for continuing to use our services, Jean- Pierre Page 2 Total $35,365.00 City Clerk CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK WITH JPT CONSTRUCTION, INC. FOR LIB DORY FLEET ELECTRICAL IMPROVEMENTS V C -5636 V THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ( "Contract') is made and entered into as of this 11th day of November, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and JPT CONSTRUCTION, INC., a Nevada corporation ( "Contractor"), whose principal place of business is 409 62nd Street, Newport Beach, California 92663, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to provide electrical improvements to the existing Dory Fleet facility located north of the Newport Pier, as more fully described in the Contract Documents (`Project'). C. Pursuant to the authority conferred to City as a charter city under California Constitution, Article XI, Section 5, the City hereby exempts this Project from the payment of prevailing wages because the funds used to finance this Project are local funds and this Project is a matter of local concern. D. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. E. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 30 calendar days commencing upon issuance of the "Notice to Proceed ". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Contract shall commence on the Effective Date and shall terminate on February 28, 2014, unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1. Contract Documents. The complete Contract for the Project includes all of the following documents: Request for Proposals /Bids, attached hereto as Exhibit A; Proposal, attached hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C, Faithful Performance Bond, attached hereto as Exhibit D; Labor and Materials Payment Bond, attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and Standard Drawings; Plans and Special Provisions for Contract No. C- 5636; 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 "). Exhibits A, B, C, D and E, and all other named Contract Documents, 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. 2.2. 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 as identified in the Contract Documents ( "Work" or "Services "). 2.3. 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. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Work under this Contract and Contractor shall complete the Work within 30 calendar days from the date of issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted may result in termination of the Contract by City and assessment of damages as outlined in Section 3.2. 3.2. The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the Work called for in this Contract within 30 calendar days from the date of issuance of the Notice to Proceed, Contractor agrees to the deduction of liquidated damages in the sum of Two Hundred Fifty Dollars ($250.00) for each calendar day beyond the date scheduled for completion. 4. COMPENSATION 4.1. 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 Fifteen Thousand Two Hundred Fifty Dollars and 00/100 ($15,250.00), less any money deducted pursuant to Section 3.2. Contractor JPT Construction, Inc. Page 2 shall not receive any additional compensation unless approved in writing in advance by City's Project Administrator as defined herein. City shall make full payment to Contractor no later than thirty (30) calendar days after acceptance of the Work by City. 4.2. This compensation includes: 4.2.1. Any loss or damage arising from the nature of the Work; 4.2.2. Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 4.2.3. 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, and which loss or expense occurs prior to acceptance of the Work by City. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jean - Pierre Tobon to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. 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 Services to be rendered pursuant to this Contract. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1. Contractor shall use only the standard materials and equipment as described in the Contract Documents in performing Work under this Contract. Any deviation from the materials or equipment described in the Contract Documents shall not be utilized unless approved in advance by the Project Administrator. 7.2. Contractor shall comply with the terms and conditions of the Contract Documents. 7.3. All of the Work shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Contract, and that it will perform all Work in a manner commensurate with the highest professional standards. For purposes of this Contract, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. JPT Construction, Inc. Page 3 7.4. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Contract, all applicable federal, state and local laws, and the highest professional standard. 7.5. Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Contract. 7.6. Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. CHANGE ORDERS 8.1. This Contract may be amended or modified only by mutual written agreement of the parties. 8.2. 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. 8.3. 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. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1. 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. 92 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties "), from and against any and all JPT Construction, Inc. Page 4 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. 9.4. Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this 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. 9.5. Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 9.6. 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. 9.7. 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. 9.8. The rights and obligations set forth in this Section shall survive the termination of this Contract. 10. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details JPT Construction, Inc. Page 5 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. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator and /or designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings have been scheduled or are desired. 14. BONDING 14.1. 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 D 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 E and incorporated herein by reference. 14.2. 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. 14.3. 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. 15. 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 JPT Construction, Inc. Page 6 this Contract or for other periods as specified in this Contract, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C and incorporated herein by reference. 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the Work to be performed 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 co- tenant 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. 17. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Proposal attached as Exhibit B. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 18. OWNERSHIP OF DOCUMENTS 18.1. Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Contract, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 18.2. Documents, including drawings and specifications, prepared by Contractor pursuant to this Contract, are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Contract by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. JPT Construction, Inc. Page 7 19. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Contract and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 20. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 21. CONFLICTS OF INTEREST 21.1. Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 21.2. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 22. NOTICES 22.1. All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor 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. 22.2. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Peter Tauscher, Associate Civil Engineer JPT Construction, Inc. Page 8 Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 22.3. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Jean - Pierre Tobon JPT Construction, Inc. 409 62nd Street Newport Beach, CA 92663 23. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract, except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 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 (Govt. Code §§ 900 et seq.). 24. TERMINATION 24.1. 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. 24.2. 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. JPT Construction, Inc. Page 9 25. 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 as defined by the Contract Documents, 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. 26. STANDARD PROVISIONS 26.1. Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 26.2. Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 26.3. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 26.4. 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. 26.5. 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. 26.6. 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. 26.7. 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. 26.8. 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. JPT Construction, Inc. Page 10 26.9. 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. 26.10. Egual Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 26.11. No Attorney's Fees. In the event of any dispute or legal action arising under this Contractor, the prevailing party shall not be entitled to attorneys' fees. 26.12. 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 and the same instrument. [SIGNATURES ON NEXT PAGE] JPT Construction, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I a -5-13 By: t(ULAkjLj-v�� f,� Aaron C. qarp , I .;q City Attorney a � 'IX Date: 12. --3 iw By: gK---' Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Public Works Director CONTRACTOR: JPT Construction, Inc. a Nevada corporation Date: 11 - Z1 - I j By: n -Pierre Tobon President Date: By: - Ch obon'------;' Secretary on - Secretary [END OF SIGNATURES] Attachments: Exhibit A — Request for Proposals/Bids Exhibit B — Proposal Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond JPT Construction, Inc. Page 12 EXHIBIT A REQUEST FOR PROPOSALS /BIDS JPT Construction, Inc. Page A -1 CITY OF NEWPORT BEACH DROY FLEET ELECTRICAL IMPROVEMENTS October 9, 2013 REQUEST FOR PROPOSAL A. Project Description The Newport Beach Dory Fleet Electrical Improvements project calls for electrical improvements to the existing Dory Fleet facility located north of the Newport Pier. The project area is generally bound by the existing building footprint. Please see attached location map and building sketch. The project scope of work includes improvements to the existing facilities, adding capacity and building code compliance. B. Scope of Services Contractor shall provide complete construction services for the project in accordance with the latest California Building Code, City- approved Standard Specifications for Public Works Construction and the City of Newport Beach Design Criteria, Standard, Standard Special Provisions and Standard Drawings (2004 Edition), including supplements. Tasks include as a minimum: 1. All mobilization and demobilization from the jobsite. 2. All contract requirements by the City of Newport Beach including bonding, and insurance. 3. All the work necessary to retain a no -fee permit from the Building division and Public Works. 4. Attend pre- construction meeting prior to start of work. 5. Furnish all labor and materials to complete the following items: a. Install stainless steel 200 amp, stand -up, single meter service cabinettpedestal with 30 circuits located near the existing service cabinet on the south side of the Dory Fleet buildings. b. Install a new electrical system of each one of the seventeen (17) lockers. Each unit shall be provided with: i. One water proof light switch with GFCI outlet at the front door, one quad outlet on each side of the locker and one 4 -foot shop light, ii. Three (3) of the units shall have a 220 volt outlet installed. C. Install two (2) exterior flood lights — one at each end of the Dory Fleet Sales court, d. Install one (1) exterior quad outlet in the sale court at the south east corner of the building. 6. Make underground utilities connections from SCE hand hold box in front of 'Charlie's Chili' to the Dory Fleet, approximately 250 feet. Coordinating with SCE to complete this task. 7. Coordinate with the City Building division for inspections and closing out the permit. EXHIBIT B PROPOSAL JPT Construction, Inc. Page B -1 JPT Construction, 409 62nd at Newport Beach, CA 92663 (714) 336 -1966 Cell (949) 631 -2568 Fax j p tcon st ru ction in c@g m a i I. co m Billing Address: City of Newport Beach 100 Civic Center Drive Newport Beach, CA. 92658 Inc. Proposal Atf EstitnatNu 9/28/2D13 257 Address: Dory Fleet 19th St. N.R., CA, 92663 paBOription^ �4tiipunt .:': JPT Construction purposes to furnish all labor and material to complete the following: A. Install a stainless steel 200 AMP, stand -up, single meter pedestal main meterwith (30) circuits 15,250.00 on the nort6(,9;t side of the Dory Fleet B. Install a new electrical system for each one of the (17) lockers: PER UNIT -- (1) water proof light switch with a GFCI outlet at front door, (1) quad outlet on each side of locker, and (1) 4' shop light centered on ceiling (3) of the units will be provided with (1) 220 v. outlet each C. Install (2) exterior flood lights -- (1) at each end of the sells court D. Install (1) exterior quad outlet in the sells court at the south /east comer E. Make underground utilities connections from Edison's hand -hole box just in front of "Charlie's Chili" to the Dory's Fleet — approx. 250'. (1) Edison approved, hand -hole box will be installed on the east side of pier near the Lifeguard headquarters. Any concrete removed shall be replaced per City standards F. Coordinate with City Building Division for inspections and the closing out the permit G. A no -fee permit is requested from City Public Works and City Building Division Thank you fnr continuing to use our services, Jean - Pierre 0 Total $15,260.00 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 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 City's Risk Manager, 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Ciffice form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business JPT Construction, Inc. Page C -1 contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk. Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of Contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and /or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self- insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for JPT Construction, Inc. Page C -2 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. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the 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. 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 C 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. 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 JPT Construction, Inc. Page C -3 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 insur4ance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. JPT Construction, Inc. Page C -4 CNA 11/21/2013 1:33:25 PM PAGE 1/008 EXHIBIT D CITY OF NEWPORT BEACH BOND NO, 71484125 LABOR AND MATERIALS PAYMENT BOND Fax Server WHEREAS, the City of Newport Beach, State of California, has awarded to JPT Construction, Inc. hereinafter designated as the "Principal' a contract for Dory Fleet Electrical Improvements located at the Dory Fleet site on the beach North of the Newport Pier, 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, shalt 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, _ WESTERN SURETY COMPANY duty authorized to transact business under the laws of the State of California, as Surety, (reterred to herein as "Surety") are held and firmly bound unto the City of Newport Beads, in the sum of Fifteen Thousand Two Hundred Fifty dollars and 001100 ($15,250.00) lawful money of the United States of America, said sum being equal to 100 %n of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be tirade, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in caste suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to to fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as JPT Construction, Inc. Page D -1 CNA 11/21/2013 1:33:25 PM PAGE 2 /00t$ tax newer 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 an this Bond, wA it does hereby waive notice of any such chango, oxtendon of frme, alterations or additions to the terns 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 WHEt2EOF, this instrument has been duly executed by the above named Principal and Surety, on the 21%t day of November 2013 . 7PT CONSTRUCTION Name of Contractor (Principal) WF.STF.RN SITUTY COMPANY Name of Surety 333 S. Wabash Avt.,41%Moor, Chicago. IL 40604 Address of Surety 605 - 334 -0850 Telephone �' F horized Signatureritle ANNFTI'F.C,TTATmATJWF PhLMF,R ATTORNEY IN FACT Print Name and Title NGTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETYMUSTBEATTACNED JPT Construction, Inc. Page D-2 ACKNOWLEDGMENT State of California _ County of 07 -At�aG } ss. On R)(?qO. A!FbF,R.. 2.9 2013 before me, 0-rtAVCt4 zklnomly Notary Public, personally appeared O'Elltd P- F=E "CGJ� who proved to me on the basis of satisfactory evidence to be the person(?) whose nameA) is /0 subscribed to the within instrument and acknowledged to me that he /sly /thy executed the same in his /hq( /th0ir authorized capacity(iet), and that by his /hpt /toir signatures($) on the instrument the person(, or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. WITNESS my hand and official seal. the laws of the State of California that the pA�ilNwr � f9ti3ix NI�� �Mie • CiYl�1eN COM1r 1T ACKNOWLEDGMENT State of California County of ) ss. (seal) On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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) JPT Construction, Inc. CNA 11/21/2013 1;33:25 PM PAGE 3/008 Fax Server EXHIBIT E CITY OF NEWPORT BEACH BOND NO, 71484125 FAITHFUL PERFORMANCE BOND The promiurn charges un this Bond is $ 45e.00 , being at the rate of $30,00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to JPT Construction, Inc. hereinafter designated as the "Principal; a contract for Dory Fleet Electric Improvements located at the Dory Fleet site on the beach North of the Newport Pler in the City of Newport Beach, in strict conformity with the Contract on fide 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 WESTERN SURETY COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter 'Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Fifteen Thousand Two hundred Fifty dollars and 001100 ($15,250.00) lawful money of the United States of Arrierica, said sum being equal to 100 %v 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 Nridpal, or the Principal's heirs, executors, administrators, successors, or assigns, fait 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 attomeys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. JPT Construction, Inc. Page E -1 CNA 1112112013 1:33:25 PM PAGE 4/008 Fax berver Surety, for value received, stipulates and agrees that no change, extension of time, alterations or adctitbns to the terms of the Contras 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 speditcations. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) your foliowing the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shag not exonerate the Surety faun its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and Surety above named, on the st � day of __nroy� bar 2933 IPT CONSTRUMON Name of Contractor (Principal) uthorized Signature WESTERN SURETY COMPANY Name of Surety 333 S. Wabash Ave., 41st Floor, Chicago, IL 60604 Address of Surety 605.3364)85O Tolephone^ ANNFT'M.i IJADA TA 1PF. PA I.MRR ATTORNEY IN FACT Pdnt Name and Title NOTARYAGKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED JPT Construction, Inc. Page E -2 CNA 11121/2013 1:33:25 PM PAGE 7/008 Fax Server Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No, 71484' 25 Know All Men By These Presents, that WESTERN SURETY COMPANY, a earporatim duly organized and existing under the laws of the State of South Dakota, and having its principal offlee in Sioux Falls, South Dakota (the "Company "), does by these presents runic., constitute and appoint _&,\TNETTZ GUAI;ALUPE PAI.MER its true and lawful attorneylst -in -fact, with £till power and authority hereby conferred, to execute, acknowledge and deliver for and on Ar behalf as Smi,ty, bonds fee Principal: SPT Construction Obligee: City of Newport Beac:r. Amount: $500,000.00 and to bind the Company thereby as folly and to the same extent as if such bonds were signed by the Semor Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attomey<s7 -in -fact may do within the above stated limitations. Said appointment h made under and by authority of the following bylaw of Western Surety Company which remains in full force and efleot. "Swoon T. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the oorporate name cf the Comg aky by the President, Secretary, any Assistant Secretary, Troarmer, or any Vice President or by such other officers as the Board o£Llireotors may autboriae. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is net necessary for the validity dairy bands, policies, tr dertakiings, Powers of Attorney or other obligations of the corporation. The signature of any such efflrer and the enrpnrate seal may be Printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of May -5 07 —4, but until such time shall be irrevocable and in full force and erect. In Witness Whereof, Western Surely Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and Its orate lAtVitbgaffixed this 21st day of November 2013 . 'w V --- WEST R SURE COMPANY Paul T- rulat, Vice President ST B,Quillf° C�1'A W. (110 PY ale as eA On this 210t day of NC V Parkes , in the year 20 13 _ , before nse, a uoLacy publ e, personally appeared Paul T. Bruflat, who being to me drily swan, acknowledged that he signed the above Power of Attorney ae the aforesaid officer of AE STERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and de e t said co at-on. r iii \ \MM \h \Nil \M \1W W } {�%t S. PETRIK mm" Puwjc SOurH DAN= gt, yf Notary Public - South Dakota }�i�iM44M4 \M \ \�� \41f4 } My Conrnission Expires August 11, 2016 I the und.igned officer of Western Suroty Company, a strek eve oration of the State of South Dakota, do hereby cortify that the attached Power of Attorney is in frill lower ar-d effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as act, forth in the Power of Attorney is now in Tome. In testimony whereof, i have hereunto ant my }rand and seal of Western Surety Company this 21st day of November 2013 WEST ,R SURE COMPANY Paul T. at, Vice President Form F530& &2012 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT cmu CODE y 1189 State of California l County of Yolo 1l On_ll_/2143 before me, Victoria Grace Kruse, Notary Public , to Here InSett Name au0 Title of Me dicer personally appeared Annette Guadalupe Palmer _ Name(s) of Sipnef(S) who proved to me on the basis of satisfactory evidence to be the person(a) whose name (o) is(ie subscribed to the within instrument and acknowledged to me that tw /sheNW executed the same in *Wher/tkair authorized capacity(kt, and that by )bk /her/tb§dk signatures) on the instrument the - - - person(s), or the entity upon behalf of which the VICTORIA KRta persori acted, executed the instrument. corrunissfar at 488QSps Notary Public - CENrOmie I certify under PENALTY OF PERJURY under the M YOtp re$ 0 laws of the State of California that the foregoing y Comm. Ex Tres ties t4, 20t5+ paragraph is true and correct. WITNESS my Place Notary Seal Above r Signature of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _. Capacity(ies) Claimed by Signer(s) Signer's Name: _.._, Signer's Name: I:_: Corporate Officer — Title(s); ... Individual Partner — E Limited CI General Top ormumb hire I— Attorney in Fact Trustee Guardian or Conservator i:_' Other: Signer Is Representing: Number of Pages: E Corporate Officer — Title(s): ;J Individual E Partner — D Limited E General Top of thumb ik-e. E Attorney in Fact i Trustee E. Guardian or Conservator Other: Signer Is Representing: 4�) ?.010 National Notary Association • NationalNotary .org - 1.800 -US NOTAPY (1- 800 -876 -6827) Item #5907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE g 1189 State of California 1 County of QFAM(aE Ji On6meht1i 27,2013 before me, CAVONRaca2Y. NdTARY FLAZLLC, Date Here Insert ame and TMIe of the OXicer personally appeared THAN PTF_ T65M Names of Signers) who proved to me on the basis of satisfactory evidence to be the person(;6 whose namely) is /ak subscribed to the within instrument and acknowledged to me that he /sVe1th9q executed the same in his /hgf/thgfr authorized capacity(ii/s), and that by ICI ima0 his /h�r /th�Ir signature( on the instrument the person($), or the entity upon behalf of which the person(?l 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: Place Notary Seal Above OPTIONAL Signature W Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual NOWN, HIM ❑ Partner — ❑ Limited l❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 2010 National Notary Assodatlon • NationalNOtary.org Number of Pages: Signer's Name: ❑ Corporate Officer — Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: GEICO GOVERNMENT EMPLOYEES INSURANCE COMPANY ONE GETCO PLAZA, WASHINGTON, D.C. 20076 POLICY NUMBER P 7122391 Policy Period From 12/07113 To 12/07/14 0 IN6URF3a NAME AND ADDRESS JEAN P TOBON CHERIE LYNN TOBON 409 62ND ST NEWPORT BEACH'CA 92663 GEICO'S PERSONAL UMBRELLA POLICY NEW BUSINESS DECLARATIONS PHC NS -CA- 12/09/13 THIS POLICY IS EFFEC'T'IVE AT 12:01 A.M. STANDARD TIME AT THE RESIDENCE OF THE INSURED. INSURANCE IS PROVIDED WITH RESPECT TO THE FOLLOWING COVERAGES AND LIAIITS SPECIFIED WHERE A PREMIUM IS STATED, SUBJECT TO ALL CONDITIONS OP THIS POLICY. I. LiMTCOFLIABILITY $ 11000,000 EL RETAINED LIMIT $ 500 III. RATING INFORMATION AUTOMOBILE 1991 FORD AUTOMOBILE 1987 NISSAN AUTOMOBILE 2000 L ROVER AUTOMOBILE 2005 TOYOTA PRIMARY RESIDENCE 409 62ND ST NEWPORT BEACH CA 92663 RENTAL 16149 HIGH TOR DR HACIENDA HIEGHTS CA I101r1 iOH11lu HUM (e-00) IV. PRENHUM V. MINIMUM REQUIRED Lu4m OF PRIMARYINSURANCE $ 62.00 $ 300,0001300,000 /100,000 $ 62.00 $ 300,000/300,000 /100,000 $ 62.00 $ 300,000/300,000 /100,000 $ 62.00 $ 300,000/300,000 /100,000 $ 75.00 $ 300.000 $ 0.00 $ 300,000 91745 $ 323.00 (Pa) CERTIFICATE OF LIABILITY INSURANCE °"12J11D° CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 12/11/2013 13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSITTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the tarns and eondidons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). amberrss Edge Insurance Service Phone: 816$73 -1233 Inc Fax: 916-673 -1 NA"aeAA PHONE - 1101 ImrasimeM Blvd. Ste 110 El Dorado Hills, CA 95762 N,u1L ADORESS: JPTCO-11 _. am ags)IIFFORINNGCDVERAGE RaRA :Colony Insurance Company INSURER NAICA _ Insurm0 J.P.T. Construction, Inc. 409 - 62nd St Newport Beach, CA 92663 INSURERS: $ I'ON'ON A X COMMERCIAL GENERAL LIABILITY � CLNMSAMADE OX OCCUR X INSURER C: _....v CA -2749 M EURER O: 09128!2014 PREN V# INSURERE: - _ MEDEXP(Anyo pasW S 5,00 INSURER F; S 1,000, COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED - NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAS) CLAIMS. _....... L TYPE OFINBURANCE 100 Civic C~ Dr AUTHORIZED REPRESFmATIUE AUTHORIZED POLICY NUMBER EfF POLICY GENERAL LIABILITY EACH OCCURRENCE $ I'ON'ON A X COMMERCIAL GENERAL LIABILITY � CLNMSAMADE OX OCCUR X X CA -2749 09128f2013 09128!2014 PREN V# $ 100, _ MEDEXP(Anyo pasW S 5,00 PERSONAL S ADV INJURY S 1,000, GENERAL AGGREGATE S $0011, GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPAOP AGG $ 1,0110,8 X PODGY PRO- LOC T_- $ A AUTOMOBILE LIABILITY COMBINED SINGLE UNIT (FR a=danf) S _ ANY AUTO BODILY INJURY (Per pxrswl) S ALL OWNEDAUTOS LwaILY RAK3RY {ParecdsfaA} S SGHEDULEOAUTOS HIRED AUTOS PROPERTY DAMAGE (PwapiEax) S S NON-0VYNED AUTOS S UMBRELLA LIAS ...... OCCUR EACH OCCURRENCE S ...._ AGGREGATE S EXCESS UAB I GWMS3RADE ( . DEDUCTIBLE _ S S ... RETENTION S WORKERS COMPENSATION bWC STATU- TH- R AND EMPLOYERS' LIABILITY YIN ANY PROPIUETORIPARTNERIEXECUTNE OfFICERINEMBEREXCLUDF.D7 � nMpWaWy in Mn NIA E.L EACH ACCIDENT S EL DISEASE -EEMPLOY - ---_ a w CR NON Of OPERATIONS beta, E.L. DISEASE - P FMS _ S DESCRIPTION OF OPERATIONS LOCATIONS Iy CUES ACORD 101, AO 00"Rona"S ncf le. B,nen Spare N MpAnn The City of Newport Beach, its oP'fieers, officials, loyees end. volunteers are named as Additional Insured with reapacac to liabilityy arising out of operations performed by the Named Insured. Additional Insured per endorsement forma CG2010 U704 and CG2037 0704 attached. Primary and Non - Contributory but only in the event of Named Incured's CERTIFICATE HOLDER CANCELLATION 0 1965-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered Inaft of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN E: vtame rgo@newpor beach,ca.go ACCORDANCE WITH THE POLICY PROVISIONS. 100 Civic C~ Dr AUTHORIZED REPRESFmATIUE AUTHORIZED Beach, CA 92660 0 1965-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered Inaft of ACORD POLICY NUMBER: ACA -2749 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART F Name Of Additional Insured Person(s) Or O anization s : Locations Of Covered Operations The City of Newport Beach #2111 Ocean Front Unit A -L its officers, officials, employees and volunteers Newport Beach CA 92663 100 Civic Center Dr Newport Beach, CA 92660 Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' "property damage" or "personal and advertising injury" caused, in whole or in part, by 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply. This insurance does not apply to "bodily injury or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project CG 2010 07 04 0 ISO Properties, inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: ACA -2749 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, i i i i r •' to i !' r This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations The City of Newport Beach #2111 Ocean Front Unit A -L its officers, officials, employees and volunteers Newport Beach CA 92663 100 Civic Center Dr Newport Beach, CA 92660 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 7 of 1 ld� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A 3 f VOIL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard" if: a. you agreed to such waiver; b. the waiver is included as part of a written contract or lease; and c. such written contract or tease was executed prior to any Koss to which this insurance applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U047 -0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of t with Its permission. 12/10/2013 13;27 Remote ID Remote ID W A(c6R,i' CERTIFICATE OF LIABILITY INSURANCE DATEAIMIow"m 1 vl 02013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(31 AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy)ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Ptwne: (95116944)625 Fax: (951}7143350 PSA Really SE Instance Services CONTACT Hank Hitt NAME: PHONE (951)694-0625,100 1 MCI; (95t)719 -3"350 AD'Dss hhitt rl�r psginsRVance.nom PO Box 720 INSURE AFFORDING COVERAGE RAIC0 Temecula, CalifDrnia92593 -0720 _ INSURERA: State CwnpensationinsD=m Fend Of California 35076 EACHOCCURRENCE _ INSURED INSURER 9: S INSURER C COMMERCIAL GENERAL LIABILITY JPT CONSTRUCTION INC. 409 62ND STREET NEWPORT BEACH, CA 92663 INSURER D: NSLIRER E: INSURER F: ...... CLAIMS-MADE ❑ OCCUR COVERAGES CERTIFICATE NUMBER: 3143 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLR:Y NUMBER A1M70 EfF LIMITS GENERAL LIASLBY EACHOCCURRENCE S DAMAGE TO REN70 tEeocconencel S COMMERCIAL GENERAL LIABILITY CLAIMS-MADE ❑ OCCUR MED EXP one son f PERSONAL& ADV INJURY f GENERAL AGGREGATE S_ GEHL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP,GP AGO S POLICY PRO- LOC S AUTOMOBILE ' LIABILITY £e ecUOeN f _ BODILY INJURY (Pa PWSn)Yf ANY AUTO '�- ALL OWNER SCHEDULED AUTOS AUTOS BODILY N.aJRY (PIN eRCidene f OPERTY jPar xddenll S tdREO Atfr05 AUTOS t UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE f EXCESS LUe CLNMSMADE D I IRETENT NS s A WORKERS COMPENSATION AND EMPI.OYERS'LIABR.IIY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFRCERa4FY,l ER EMLUDEO9 NIA Y 90M536 -2013 - 2/12013 211/2014 WCSTATU- OTH- ✓ E.L. EACH ACCIDENT S 1,000,000 E.t. DISEASE EAEMPLOY 3 (MantlaWVI -INNS Ryyes, cescm» Antler oFSCRiPT10N OF OPERATIONS bONA, E.L. OSSEASE- POLICY LIMIT I S DESCRIPnONOF OMMMONSI LOCATIONS I VENICLE3 (Aeadl ACORO l01, AtltlltloMl RNnarae SeMdWs, 1lnwn apses Is ntry'ws� Waiver of Subrogation is isssed in favor of the City of Newport Beach, its officers, officials, employees and volcoreers per attached form 10217, Hotder's Native of Intent: Certificate Holder The City of Ncwport Beach 100 Civic Center Drive Newport Beach, CA 92660 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED The ACORD name and logo are registered marks of ACORD M7 12/10/2013 13:27 Remote ID Remote ID ENDORSEMENT AGREENNW WAIVER OF SUBROCaTTION HOME OFFICE SAN FRANCISCO EFFECTIVE DECEMBER 10, 2013 AT 12:01 A.M. ALL EFFFCTIVE PATES ARE AND EXPIRING FL+BRUARY 01, 2014 AT 12:01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME 7FT CONSTRUCTION MC 409 62ND STREET NEWPORT BEACH CA 92663 9004536 -2013 RE T9TCkL SO 7- 59 -80 -55 PAGE I. ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAURST- THE CITY OF NEWPORT BEACH WHICH AialT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY. IPT CONSTRICTION INC IT IS FURTHER AGREED THAT THE INSURED MALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE RE!wWNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAI PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03.. NOTHING IN THIS ENDORSHNEWT CONTAINED SHALL BE HELD TO VARY, ALTER, WANE OR EXTEND ANY OF THE TEWS, COMMONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WARE OR UMIT THE TERMS, COMMONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCQ AUit�RiZEfl REPESE'3��Tf x!'tVE 5CIF FORM 70217 0tEY.7-m121 DECEMBER 10, 2013 f4w- k F- � NIM 2570 JPT Construction, Inc. Jean - Pierre Tobon 409 62nd street Newport Beach, CA 92663 (714) 336 -1966 FAX (949)631 -2568 General Contractor & Electrical License #879360 City of Newport Beach — 12/1112413 Concerning the electrical job at the Dory Fleet, #2111 Ocean Front, I am requesting that you waive the "Builder's Risk Insurance" request due to the fact that we are only performing electrical improvements to the building. We have met all other requests concerning General Liability, Auto Insurance, and Workers' Compensation. Thank you for your consideration, Jean- Pierre Tobon (Owner /President) 714.336.1966 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 12/4/13 Dept.lContact Received From: Vladimir Date Completed: 12/18/13 Sent to: Vladimir By: Chris Company/Person required to have certificate: SPT Construction, Inc. Type of contract All Others I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 9/28/13- 9128/14 A. INSURANCE COMPANY: Colony Insurance Company B. AM BEST RATING (A-: VII or greater): A:XU C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,00012,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N NIA ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ NIA N Yes ❑ No U. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 12/7/13- 12/7/14 A. INSURANCE COMPANY: GEICO B. AM BEST RATING (A-: VII or greater) A +:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. Bl & PD and $504,000 UM, $2M min for Waste Haulers): What is limits provided? 1,300 000 E LIMITS Waiver of Auto insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No Ill. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 211/13- 2/1/14 A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A-: VII or greater): NR C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY L ti i C HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: 'Of� P 12/18/13 Agent of Alliant Insurance Services to Broker of record for the City of Newport Beach ■ Yes ■ No [D Yes ■ No 1,000 ,000 D Yes ■ No ►1 ■ Yes ■ No ■ NIA Z Yes ■ No ® N/A ❑ Yes ❑ No ® NIA ❑ Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _: Self Insured Retention or Deductible greater than $ j ❑ NIA ❑ Yes © No Reason for Risk Management approval /exeeptiontwaiver: Risk Management approval needed for non - admitted status of general liability carrier. Approved by Sheri on 12/16/13. Builder's Risk exclusion approved by Sheri 12117113. Approved: Risk Management Date * Subject to the terms of the contract.