HomeMy WebLinkAboutC-9959-1 - Peninsula Fire Station No. 2 HVAC RetrofitSealed 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 30 day of October 2025,
at which time such bids shall be opened and read for
Peninsula Fire Station No. 2 HVAC Retrofit
Contract No. 9959-1
$130,000
Engineer's Estimate
�L
Approved by
James M. Houlihan
,uty PWD/City Engineer
Prospective bidders may obtain Bid [documents, Project Specifications and Flans
via PlanetBids:
http: Iwww.planetbids.comlpoiall2ortal.t;frri°?Co�a�a, a°�_2Z?0 r kU
OPTIONAL PRE -BID SITE WALK -
An notional jol-, b`dalk. at ^eninsula Fire Station 1\10.2 will be conducted iOr this project uri
Wednesday, October 22, 2025, at 9:00 AM. at the located at 2007 Newpoi1 BouievavA,
Newport Beach, CA 92663
Hard copy plans are available via (Select One)
Santa Ana Blue Print at (949)756-1001
Contractor License Classification(s) required for this project: "B"
For further information, call Peter Tauscher, Project Manager at (949) 644-3316
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
PENINSULA FIRE STATION NO. Z HVAC RETROFIT
Contract No. 9959-1
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........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR-1
SPECIALPROVISIONS............................................................................................ SP-1
2
City of Newport Beach
PENINSULA FIRE STATION NO. 2 HVAC RETROFIT
Contract No. 9959-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office 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 frorn 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, 2111 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.
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.
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
City of Newport Beach
PENINSULA FIRE STATION NO. 2 HVAC RETROFIT
Contract No. 9959-1
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 f u .ic,n. I;i;:
Authnn ed Signature"Titl+_
City of Newport Beach
PENINSULA FIRE STATION NO. 2 HVAC RETROFIT
Contract No. 9959-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $150,000, provide the following information:
No.
llf.lftf(.if.lfll,lti� 1.,f1r1;',IfIL.h�;i � i
Contact Pi:;r'=ur1 _X7'!-, V,_II t t_l"`_I. i+'f'l1,
0(t(_llncil Conlr wt Aniourlt .a_'d ' 'bc t ilt::! !_ t?n1f:! l +! u i -
If filial arnounl IS diffurotl( Ifrlil llflill(i-il j;;, ;i_!' ''.tli,i: tl;ill(j(: i'r.i f o..NIf;r m)rk: ek;.)
�N !r
Did you file' any (:iaim th, / ov� llt.`1%' Old tht- /,%,Jt'f�rf,y Ht. .:111'y +_ alln',
against you!Cuntradui� If ye:, hriefly exfil,lln ,rid Indw,lto oll(crifile of r1alins
10
No. 2
Project Name/Number La Sierra Library Riverside
Project Description Oosign i build to replace the air conditioning system
Approximate Construction Dates: From 02l2024
Agency Name City of Riverside
To: 09/2024
Contact Person Michael Combs relephone ( j 95t.35t-Goa4
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.)
NIA
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.
rio
No. 3
HVAC Replacement for Various Buildings
Project Name/Number
Project Description __F_IVAC Repiacemeni to R building - San Bernardino
Approximate Construction Dates: From OW023 —To: __l 1/2023
Agency Name Caltrans
Contact Person Mike Odonnell _ Telephone ( ) 909-801-5563_
Original Contract Amount $. 725_500 „Final Contract Amount $ _•9A0
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 Replacernont to Various Buildings I C23.530
Project Description Replace HVAC Systerns
Approximate Construction Dates: From 042023 To: 0912023
Agency Name North County Transit District
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.)
IN
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 (,iry Hall Renovation 1 B574
Project Description City Hall Reno Including HVAC
Approximate Construction Dates: From 02Y2022
Agency Name City Of Torrance
To. 12J2022
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
(aid 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
Projo-t Nailit-Mmubef 'Alk)!;l !-A I+r1h Caivpw:
Prolec.( De-scripfio-i
Approxiniate Gonsirtiction Pates. From L
Agency Name
2. - i I
-it lit (��)i i i it
It flnfl an1 31-I1t 1r-, liffif...Ii--ni frOm uii.Irwd, Pease vXQ11, (Z Wt)Ik, 01
NO
DKI ywit I'lle Niy da"ns mijainil Ifin Qwvj? I Whe Agymy 66 any da=;
kyahm ymdCvivm*q? V ye-;, briefly explain w)d inclicate o0c.om-c- of
NA
;V,'La,,-,h addilicinal shut:is if necc-ssoiy
Attach to His Ill the expedence reswoe of the peison whu will be designated as
General Construction S111)8finten(lellit Of of) -Site COT)MI-LICIHO11 Manager for the
C ontractor.
Upon requesh We GunkaM MCI ally a Manual Slauqyient aid MY nAunvak-iri
suff`i(-.-ii-!ntly coinlawliensive U) pem"I an appraisal of Hie CkinVannirt cuireni l'insincuil
conditions
Met- SUmMocTillo
13
City of Newport Beach
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NON -COLLUSION AFFIDAVIT
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14
CALIFORNIA JURAT GOVERNMENT CODE § 8202
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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 nttached, and not the truthfulness, accuracy, or validity of that document.
State of California
Countyof UUS
ALLIYM OUTTEN
Notary Public • Cailfornla
0'ay
Los Angeles County
Commission # hr27594
Comm. EXPitei Nov 21, 24I5
Place Notary Seal andtor Stamp Above
Completing t ' information
"ciudule reattachment o
Oescri ion of Atta ed Document
Ti e or Type Document:
Documen at
Signe s) Other Than amed Above:
L.
0000 of
z•2019 National Notary Association
Subscribed and sworn
(t�o,(or affirmed) before me on
this _._!! day of [-Xca lkx'.r. 20 2 , by
Date Month Year
(11 ACAz-i Z-
(and (2) )•
Name() of Signer()
proved to me on the basis of satisfactory evidence to
be the person(s) who apg6ared g1Qrre me
Signature
OPTIONAL ---
cc eter alteration
fs form to on t11}h4
�6ture of Notary Public
document or
f document.
r of Pages: _�_._
City of NeWa rt Beach
PENINSULA RRE STATION NO. 2 HVAC RETROFIT
Co lrac-t No, 9959-1
DESMATION 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 Flerforrnance Bonds
Advantage: Business Insurance Services
26681 Las Ondas Dr, Mission Viejo, CA 92692
GA C OI #0151892 TIC Lice 1946043 WA Lic# 1037195
CA DO! #01-71027 TX Lic# 2457983 WA Lic# 1037447
(714) 947-1248 direct line
John Woodruff
(949) 441-9849 cell
Email: JohnW@Advantagelnsmet
Wehsite: www.Advantagelns.net
15
Citv of Newport Beach
PENINSULA FIRE STATION NO. 2 HVAC RETROFIT
Contra No. 9959-1
CONTRACTOR'S INDUSTRIAL SAFETY RE-ECORD
TO ACCOMPANY PROPOSAL
Bidder's Nljm�. ear r
Record Last Five (!)- ) Fijil YeF.,j's
17"kirt.,111 Y,.-,,w of Recurd
I r ro n I
Rrrxird R f- i i P, u ;- (I Record
Year of for
forfor
R' ( �cord 20 23
2 0 22 2 02 1 2020 2019
2024
Fol"11 rJokir
of
0 L! -; i) f I IJ S T',
No of
N fj of ! C, 1',
Ho of lost
transfer t,.,j
another joh u r
tonmnat;on of
L (,rnELoyment
for these lternr~
is the Sat-ne as re(jUired for COILImns 3 to 6, Code. 10.
The information required
Occupational InjUril'-S.
Injuries and Illnessin, OSHA No 1-0
16
Legal Business Name of Bidder mFp Fw, ion. inc
Business Address: t IOA Ven:aa Blvd, Sle 22t , Studio City. CA 91604
Business Tel. No.: 818-2178422 _
State Contractor's License No. and —
Classification: %SI.B P ' t 7 , 182 C: ass B and C-20
Title r1« rJent
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 10/30/2025
Title Presidow
- - --
Signature of
bidder ` '�� d
Date 10/30)2025
Title Assl sta-1 o4 SNffPtal -
Signature of
bidder
Date
Title
Signature of
bidder _
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
City of Newport Beach
PENINSULA FIRE STATION NO. 2 HVAC RETROFIT
Contract No. 9959-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name MEP FUSION
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
None
City of Newport Beach
PENINSULA FIRE STATION NO.2 HVAC RETROFIT
Contract No. 9959-1
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: 111/2002
Expiration Date: 10/30/2026
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 Prusident 11054 Ventura Blvd, Ste 226. Studio City, CA 91604 818-217-8422
Corporation organized under the laws of the State of callfornla
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
Adel Aziz, President
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have beef)
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;
NIA
Briefly summarize the parties' claims and defenses;
NIA
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 ciaims
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
20
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)
MEi' Fusion, inc
Bidder Authorized Signature,Tille
President
Title
10/30/2025
Date . -_ ---- —
L
( in / l—��/ f 1 ` ( Ur torr me f t r r '� ` • ' �?/ Notary Riblic, per%;onally apId pa�I
j ' l r�
dl.i_�_�L!.2---- a vlho provetl to me on the trasis of
satisfactory evidence to be the person(wJ whose namelh) i1e1re subscribed to the within iw;trument and
ricknovdedged to me that l4�i/ hBJll1Vy executed ;hH same in hhAlie olheir ai.ithorized capacity(i ss). and that
by I'Whe,r/the )r signaturef, Jon the u1s lrui Went the parson(\), or the entity upon belialt of which the persr�nt?
acted, executed the InstrtJlllwit
1 certify under PENALTY OF PERJURY ,alder Zile ;av,s ell ittt: S?ate of that the, foregoing
paragraph is true and cnrro l
WI I NESS my hand and ofticTal si;ai
L e (
Notary Public in and for smid Slate
My Commission Expires (1 'j 1 / V l_'-{.`z�
21
jS'! �%;� CAiN'cRQN W►ZANBI
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a- -'• 'loldry Pua is • Catirorrin
Y ar Comm, EXVIr-on rvx 15. NA
City of Newport Beach
PENINSULA FIRE STATION NO. 2 HVAC RETROFIT
Contract No. 9959-1
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to
submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required
by the Contract documents and delivered to the Public Works Department within ten (10)
working days after the date shown on the Notification of Award to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by the
Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the
insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed
will not be issued until all contract documents have been received and approved by the City.
22
PENINSULA FIRE STATION NO.2 HVAC RETROFIT
CONTRACT NO. 9959-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 18th day
of November, 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 Blvd #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: The work
necessary for the completion of this contract is comprised of, procuring the
specified equipment; obtaining City building permits; demolishing and retrofitting
the existing HVAC system; removing and disposing of the existing improvements
and completing other incidental items in place as required by the Contract
Documents at the Newport Beach Peninsula Fire Station No. 2 located at 2807
Newport Boulevard, Newport Beach, CA 92663. (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. 9959-1, 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 Hundred Twenty Six Thousand Dollars ($126,000.00).
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.
MEP Fusion Page 2
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: 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
MEP Fusion Page 3
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
MEP Fusion Page 4
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
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
MEP Fusion Page 5
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
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
MEP Fusion Page 6
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
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 seq., 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.
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:A /.15/Z_ S
By:
A ron C. Harp
Cny Attorney �u
ATTEST:
Date: / 2 //O/ 2W Z "-
By:
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California munici al corporation
Date: 2�
By:
Joe Stapl ton
Mayor
CONTRACTOR: MEP Fusion, a
California corporation
Date:
Signed in Counterpart
By:
Adel Aziz
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
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 ATTORNEYS OFFICE
Date: !f// �� s
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
tAron C. Harp Joe Stapleton
Attorney Mayor
ATTEST: CONTRACTOR: MEP Fusion, a
Date: California corporation
Date:
By: By:
Lena Shumway 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, WFB7479444
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 The work necessary for
the completion of this contract comprises is comprised of procuring the specified
equipment; obtaining City building permits; demolishing and retrofitting the existing HVAC
system; removing and disposing of the existing improvements and completing other
incidental items in place as required by the Contract Documents at the Newport Beach
Peninsula Fire Station No. 2 located at 2807 Newport Boulevard, Newport Beach, CA
92663. 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, _
Old Republic Surety Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One
Hundred Twenty Six Thousand Dollars ($126,000.00) 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.
MEP Fusion Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 19 day of November , 2025 .
Adel Aziz CEO MEP Fusion
Name of Contractor (Principal)
Old Republic Surety Company
Name of Surety
455 S Moorland Rd Ste 200,
Brookfield, WI 53005
Address of Surety
1-866-423-3236
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:®s/ z
11
CEO
::::::: �:W= -
Authorized Signature/Title
A thorized Agent Vgnatu—re
John W. Woodruff, Attorney -in -Fact
Print Name and Title
(C AL
"SEp"F; peal)
=9
ac
AaOon C. Harp 0
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
MEP Fusion Page A-2
* 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 deliver and
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 attorney -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 and sealed (if a seal be
required) by a duly authorized attomey-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the 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 30TH day of MAY, 2025.
Assistant Secretary
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS
On this 30TH
OLD REPUBLIC SURETY COMPANY
* UAr .
o SEAL
President
, personally came before me, Alan Pavlic and
Kevin J Abitz 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 sworn, 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.
"•...,
YL
a y i
� t Notary Pubic ,
+' ostP f' My commission expires: 9/28/2026
CERTIFICATE
day of MAY, 2025
(Expiration of notary commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney 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 Y"" sum Signed and sealed at the City of Brookfield, WI this day of
`$ SEAL = j
g
Assistant Secretary
ADVANTAGE BUSINESS INS SERV
22851-W POAORs 102020
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 LOB AY) ' e- '' )SS.
On NOV(,f3')bVa 20--2.5 before me,
Notary Public, personally appeared &10 %47—i
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.
` *my
ALLIYAH OU17ENWITNESS my hand a fficial seal. Notary Puhi;c - cal;forniaLos Angeles County
Commission ; 2427594
Comm. Expires Nov 21, 2026
Signatu e (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 (iyGT jw `� } ss. ii--
d-
On U� ? 2(2 20z5 before me, Qj� h/�4
Notary Public, personally appeared ::d&n � r r.a
proved to me on the basis of satisfactory evidence t�e 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 c rrect.
/ •_..ti JOHANNA LYNN INMAN
W NEgSS my hand official al-� "' `s_ Notary Public - Cmifornia
Orange County >
Commission 4 239627/4
t G "� .•�•�'�` My Comm. Expires r 8, 2026
Sigq re
MEP Fusion Page A-3
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. WFB7479444
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City")
has awarded to MEP Fusion, (hereinafter referred to as the "Contractor") an agreement
for the work necessary for the completion of this contract comprises is comprised of
procuring the specified equipment; obtaining City building permits; demolishing and,
retrofitting the existing HVAC system; removing and disposing of the existing,
improvements and completing other incidental items in place as required by the, Contract
Documents at the Newport Beach Peninsula Fire Station No. 2 located at, 2807 Newport
Boulevard, Newport Beach, CA 92663 (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set
forth in the Contract Documents for the Project dated November 18, 2025, (hereinafter
referred to as "Contract Documents"), the terms and conditions of which are expressly
incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the
terms thereof and to furnish a bond for the faithful performance of said Contract
Documents.
NOW, THEREFORE, we, the undersigned Contractor and
Old Republic Surety Company as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of
California, are held and firmly bound unto the City in the sum of One Hundred Twenty Six
Thousand Dollars ($126,000.00), said sum being not less than one hundred percent
(100%) of the total amount of the Contract, for which amount well and truly to be made,
we bind ourselves, our heirs, executors and administrators, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the 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 their intent and meaning; and shall faithfully fulfill all obligations
including the one (1) year guarantee of all materials and workmanship; and shall
indemnify and save harmless the City, their respective officials, officers, employees, and
authorized volunteers, as stipulated in said Contract Documents, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
MEP Fusion Page B-1
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents,
unless otherwise provided for in the Contract Documents, the above obligation shall hold
good for a period of one (1) year after the acceptance of the work by City, during which
time if Contractor shall fail to make full, complete, and satisfactory repair and
replacements and totally protect the City from loss or damage resulting from or caused
by defective materials or faulty workmanship. The obligations of Surety hereunder shall
continue so long as any obligation of Contractor remains. Nothing herein shall limit the
City's rights or the Contractor or Surety's obligations under the Contract, law or equity,
including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under
the Contract Documents, the Surety shall remedy the default pursuant to the Contract
Documents, or shall promptly, at the City's option:
Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by
Surety of the lowest responsive and responsible bidder, arrange for a
Contract between such bidder, the Surety and the City, and make available
as work progresses sufficient funds to pay the cost of completion of the
Project, less the balance of the contract price, including other costs and
damages for which Surety may be liable. The term "balance of the contract
price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less
any amount previously paid by the City to the Contractor and any other set
offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with
California law and make available as work progresses sufficient funds to
pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall
mean the total amount payable to Contractor by the City under the Contract
and any modification thereto, less any amount previously paid by the City
to the Contractor and any other set offs pursuant to the Contract
Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligations in the event of default by
the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept
a bid from Contractor for completion of the Project if the City, when declaring the
MEP Fusion Page B-2
Contractor in default, notifies Surety of the City's objection to Contractor's further
participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Contract Documents or to the Project 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, alteration or addition to the
terms of the Contract Documents or to the Project.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the _19 day of _November 120 25_.
Adel Aziz CEO MEP Fusion
Name of Contractor (Principal)
Old Republic Surety Company
Name of Surety
455 S Moorland Rd Ste 200,
Brookfield, WI 53005
Address of Surety
1-866-423-3236
Telephone
(Attach Attorney -in -Fact Certificate)
CEO
Authorized Signature itle
torney-in-Fact
John W. Woodruff, Attorney -in -Fact
Print Name and Title
�� r•caPaaNa>F •+�
(C SEAL;` ")eal)
i Y
The rate of premium on this bond is $30.00 per thousand. The total amount of
premium charges is $ 3,780.00
(The above must be filled in by corporate attorney.)
Any claims under this bond may be addressed to:
(Name and Address of Surety or Corporation Service Company, Attn: Melissa DeKoven
Agent for Service in California) 2710 Gateway Oaks Drive, Suite 15ON
Sacramento CA 95833-3505 888-690-2882
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:- J;Pis DZ 5
By: �
A on C. Harp 12, ?.Z;—
City Attorney
MEP Fusion Page B-3
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 deliver and
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 attorney -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 and sealed (if a seal be
required) by a duly authorized attomey-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the 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 30TH day of MAY, 2025.
Assistant Secretary
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS
On this 30TH
OLD REPUBLIC SURETY COMPANY
g SEAL If r
C
F
President
, personally came before me, Alan Pavlic and
Kevin J Abitz , 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.
_a.
!otAsf00K
Notary Pubic
My commission expires: 9/28/2026
CERTIFICATE
day of MAY, 2025
(Expiration of notary commission does not invalidate this Instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney 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
.� SEAL t
p
day of ,
Assistant Secretary
ADVANTAGE BUSINESS INS SERV
22851-W POAoxslo2020
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
MEP Fusion Page B-4
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 Ld sqU� ss. n
On N6 - ,X -4920_4� before meHid
�
Notary Public, personally appeared M7 61 Hi Z
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. _ _ _ _ _ _ _ _ _
6.0
90my
ALLIYAH OUrrEN
WITNESS my hand and fficial seal. Notary Public CaliforniaLos Angeles County T
Commissions oy21,4 Comm. Expires Nov 21, 2026
Signature
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
(seal)
County i �h } ss.�-
On /� Vf1 i km h- Z Q -� 20 � before me, LAAA
Notary Public, personally appeared C)n 5 F
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.
� �„ �` ti JOHANNA LYNN INMAN
S my hand a official seal Notary Public - Caiifor
TNESnia
;' Orange County >
Commission 4 2396274
1 ' ` `'' `�`' My Comm. Expires Mar 8, 2026
Signature eal)
MEP Fusion Page B-5
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 City Council, boards and
commissions, officers, agents, volunteers, employees. Contractor shall
submit to City, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of City, its City Council, boards and
commissions, officers, agents, volunteers, employees.
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 bodily
injury, property damage, products -completed operations, personal and
advertising injury, and liability assumed under an insured contract
MEP Fusion Page C-1
(including the tort liability of another assumed in a business contract).
Contractor shall submit to the City, along with a certificate of
insurance, any additional insurance requirements stated in Section
Four.
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.
Contractor shall submit to the City, along with a certificate of
insurance, any additional insurance requirements stated in Section
Four.
D. Builder's Risk Insurance. 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 the 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. Proceeds payable under the above insurance shall be fully
payable to the City as Loss Payee.
E. 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.
Contractor shall submit to the City, along with a certificate of
insurance, any additional insurance requirements stated in Section
Four.
4. Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
MEP Fusion Page C-2
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City of City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Contract 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 -completed operations, excess/umbrella liability, and
automobile liability, if required, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Contract 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 City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Contract. 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 quired coverage except Builders Risk Insurance, which shall
contain an endorsement with said required notices.
E. Subcontractors. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein. Subcontractors shall maintain commercial general liability 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.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
MEP Fusion Page C-3
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
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 in Section Four, including required coverage types, limits,
endorsements, and notice provisions. 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
MEP Fusion Page C-4
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Contractor. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use
any self -insured retentions on any portion of the insurance required
herein and further agrees that it will not allow any indemnifying party to
self -insure its obligations to City. If Contractor's existing coverage
includes a 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
MEP Fusion Page C-5
of this Contract have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder
or letter from Contractor's insurance agent to this effect is acceptable.
A certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new
coverage must be provided to City with five (5) calendar days of the
expiration of the coverages.
K. Maintenance of General Liability Coverage. Contractor agrees to
maintain commercial general liability coverage for a period of ten (10)
years after completion of the Project or to obtain coverage for completed
operations liability for an equivalent period.
MEP Fusion Page C-6
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City of Newport Beach
PENINSULA FIRE STATION NO. 2 HVAC RETROFIT
Contract No. 9959-1
(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 time 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.
10/30/2025
Date
Bidder's Telephone: anri Fax Ntnnbers
111 1182 B. C-20
Bidder's License No(s)
and Classification(s)
1001136211
DIR Registration Number
MEP Fusion, imc
Bidder
President
Bidder's Authorized Signature and Title
1 1054 Ventura Blvd, ste 226 , Studio City, CA 91604
Bidder's Address
Bidder's email address: info@mepfusion.com
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SPECIAL PROVISIONS
PENINSULA FIRE STATION NO. 2 HVAC RETROFIT
PROJECT NO. 25F02
CONTRACT NO. 9959-1
PART 1 - GENERAL PROVISIONS
SECTION 00—PRE-BID MEETING
00-1 10BWALK
1
1
1
SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 2
1-2 TERMS AND DEFINITIONS 2
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-3 SUBCONTRACTS
2-5.2 Self -Performance. Delete this section
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
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
4
4
4
4
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4
6-1.1 Construction Schedule 4
6-7 TIME OF COMPLETION 5
6-7.1 General 5
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6
6-9 LIQUIDATED DAMAGES 6
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7
7-1.2 Temporary Utility Services
7
7-2 LABOR
7
7-2.2 Prevailing Wages
7
7-4 REMOVAL AND DISPOSAL OF MATERIAL
7
7-5 Permits
7
7-7 COOPERATION AND COLLATERAL WORK
7
7-8 WORK SITE MAINTENANCE
8
7-8.1 General
8
7-8.4 Storage of Equipment and Materials
8
7-8.4.2 Storage in Public Streets
8
7-8.6 Water Pollution Control
8
7-8.6.2 Best Management Practices (BMPs)
8
7-10 SAFETY
9
7-10.3 Haul Routes
9
7-10.4 Safety
9
7-10.4.1 Work Site Safety
9
SECTION 9 - MEASUREMENT AND PAYMENT
9
9-2 LUMP SUM WORK
9
9-3 PAYMENT
9
9-3.1 General
9
9-3.2 Partial and Final Payment.
11
PART 2 - CONSTRUCTION MATERIALS
11
SECTION 200 — ROCK MATERIALS
11
200-2 UNTREATED BASE MATERIALS
11
200-2.1 General
11
SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS
11
201-1 PORTLAND CEMENT CONCRETE
11
201-1.1 Requirements
11
201-1.1.2 Concrete Specified by Class and Alternate Class
11
201-2 REINFORCEMENT FOR CONCRETE
11
201-2.2 Steel Reinforcement
11
201-2.2.1 Reinforcing Steel
11
PART 3 - CONSTRUCTION METHODS
12
SECTION 300 - EARTHWORK
12
300-1 CLEARING AND GRUBBING
12
300-1.3 Removal and Disposal of Materials
12
300-1.3.1 General
12
SECTION 310 - PAINTING
12
PART 6 - TEMPORARY TRAFFIC CONTROL
12
SECTION 600 - ACCESS
12
600-1 GENERAL
12
600-2 VEHICULAR ACCESS
13
600-3 PEDESTRIAN ACCESS
13
SECTION 601— WORK AREA TRAFFIC CONTROL 13
601-1 GENERAL 13
601-2 TRAFFIC CONTROL PLAN (TCP) 13
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
Fire Station No. 2 HVAC Retrofit
PROJECT NO. 251702
CONTRACT NO. 9959-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) the Project Manual (Architect's Technical Specifications) attached hereto; (2) these
Special Provisions; (3) the Plans (Drawing No. B-5342-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; (6)
the applicable Codes shown on the Plans; and (7) Building Permits. The City's Design
Criteria and Standard Drawings for Public Works Construction are available at the
following website:
https://www.newportbeachca.gov/government/departments/public-
works/resources/standard-drawings
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 00 — PRE -BID MEETING
00-1 JOBWALK
The City will conduct a pre -bid site meeting on the date and at the time specified in the
Invitation to Bid. Bidder attendance at this meeting is OPTIONAL. On October 22,
2025, at 9:00 a.m. Bidders shall meet at the front door of Fire Station No. 2 (2807
Newport Boulevard, Newport Beach 92663).
The purpose of the Pre -bid Site Meeting is to acquaint prospective bidders with the site,
local physical features, site logistics, obstructions, water and power sources, and
security conditions and issues. The conditions and requirements of these Specifications
Page SP 1 of 14
shall govern any information presented at the Pre -bid Site Meeting. Addenda will be
prepared and issued, as necessary, to effect any changes to these specifications. All
questions, requests for information and/or inquirers shall be made by Friday, October
24, 2025 by 2:00 PM (PST).
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 comply with
the following licensing requirements:
• The Contractor awarded the project: General Building "B",
• The Subcontractor(s) preforming non -building work shall be appropriately
licensed by the State of California.
From the start of work and until completion of work, the Contractor and all
Subcontractors shall possess a valid Business License issued by the City.
2-3 SUBCONTRACTS
2-5.2 Self -Performance. Delete this section
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
Add to this section, "The work necessary for the completion of this contract comprises of
procuring the specified equipment; obtaining City building permits; demolishing and
retrofitting the existing HVAC system; removing and disposing of the existing
improvements and completing other incidental items in place as required by the
Contract Documents at the Newport Beach Peninsula Fire Station No. 2 located at
2807 Newport Boulevard, Newport Beach, CA 92663."
Page SP 2 of 14
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 (prior to any markups) and shall constitute the markup
for all overhead and profit:
1) Labor ............................................ 10
2) Materials ....................................... 10
3) Equipment Rental ........................... 10
4) Other Items and Expenditures ........... 10
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding and insurance.
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs (prior to any markups) and shall
constitute the markup for all overhead and profit. An additional markup of five (5)
percent of the total subcontracted cost (prior to any markups) may be added by the
Contractor.
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
Page SP 3 of 14
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
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole/investigate all
existing utilities which may be affected by the work to verify points of connection and
potential conflicts. No work shall begin until the Contractor has potholed and/or verified
points of connection and related connection material requirements and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
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 -usable, 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.
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
Page SP 4 of 14
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 weekly basis with detailed daily activities.
6-7 TIME OF COMPLETION
6-7.1 General
After approving the provision of a material and equipment procurement schedule, the
Engineer shall issue a Notice to Procure. The time allotted during the Notice to Procure
shall be granted for providing and approving shop drawings and submittals; fabricating
and delivering equipment. The City shall provide 150 calendar days for the Notice to
Procure. The Notice to Proceed will be issued following the expiration of the Notice
to Procure.
The Contractor shall complete all work under the Contract within 15 consecutive
working days after the date on the Notice to Proceed.
The Contractor shall ensure the availability and delivery of all material prior to the start
of work. Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time for 100 percent completion of work.
Normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., outside of the working hours.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The
Engineer reserves the right to deny any or all such requests. Additionally, the
Contractor shall pay for supplemental inspection costs of $146 per hour when such time
periods are approved.
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)
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6. First Monday in September (Labor Day)
7. November 11t' (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24tt', (Christmas Eve)
10. December 25th (Christmas)
11. December 2611 thru 30t' (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
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 under the approved
schedule as part of the Notice to Procure in Section 6-7.1, the Contractor shall pay to
the City or have withheld from moneys due it, the daily sum of $500.00.
For each consecutive calendar day after the time specified in Section 6-7.1 for
completion of the work after issuance of the Notice to Proceed, the Contractor shall
pay to the City or have withheld from moneys due it, the daily sum of $1,000.00.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and
actual damage caused by the failure of the Contractor to complete the Work within the
allotted time.
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.
Page SP 6 of 14
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor shall arrange for a meter and
tender a $1,250.00 meter deposit with the City. Upon return of the meter to the City, the
deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a
charge for water usage and any repair charges for damage to the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, dust control, irrigation during
maintenance period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing such water.
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -
mixed concrete for public works contracts are subject to prevailing wages.
Add the following section:
7-4 REMOVAL AND DISPOSAL OF MATERIAL
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.
7-5 Permits
Replace this section with "The project is deemed `Permit Ready' by the City's Building
Division (Plan Check No. XC2025-5255). The Contractor shall obtain building permits
from the Building Division prior to starting work and submit all deferred submittals for
Building Department review per contract documents. City of Newport Beach Building
Department permit and normal inspection fees shall be waived."
7-7 COOPERATION AND COLLATERAL WORK
City forces will perform all shut downs of water, sewer and storm drain facilities as
required. The Contractor shall provide the City advanced notice a minimum of seven
calendar days prior to the time contractor desires the shutdown these City facilities.
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A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections
within the time period allowed. The times and dates of any utility to be shut down must
be coordinated with the Engineer. It is the Contractor's responsibility to notify the
affected businesses and residents of the upcoming water shutdown with a form
provided by the Engineer at least 48 hours in advance of the water shut down.
7-8 WORK SITE MAINTENANCE
7-8.1 General
All vandalism, including graffiti, at the work site shall be removed by the Contractor
within 24 hours.
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall
obtain the Engineer's approval of a site for storage of equipment and materials prior to
arranging for or delivering equipment and materials to the site. Prior to move -in, the
Contractor shall take photos of the laydown area. The Contractor shall restore the
laydown area to its pre -construction condition. The Engineer may require new base and
pavement if the pavement condition has been compromised during construction.
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. Placing plastic sheeting beneath stored equipment to capture potential leaking
fluids.
d. Providing a controlled area for cleaning or rinse -down activities.
e. Monitoring construction activities.
f. Minimizing usage of water when saw -cutting and vacuum the residue.
g. Providing measures to capture or vacuum -up water contaminated with
construction debris.
h. Removing any construction related debris on a daily basis.
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i. Protecting work areas from erosion.
j. Covering construction material stockpiles prior to wind or rain events
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 back charging 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. The contractor shall be
liable for all related fines.
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.
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:
Page SP 9 of 14
Item No. 1 Peninsula Fire Station No. 2 HVAC Retrofit: Work under this Item shall
include all the costs necessary to complete all the work shown on the plans and in the
contract documents, complete and in place. The following is listing of work items that
need further itemization on the Schedule of Values to be submitted to the Engineer
immediately upon project award to the low responsible bidder by the Newport Beach
City Council. The cost of all other items of work that are not specifically listed as
required but are customary to be completed as a prerequisite for a fully functional HVAC
system shall have been included in the bid and no additional compensation shall be
made.
• Mobilization and Demobilization: Work under this item shall include, but not
limited to, providing bonds insurance and financing; delivering all required
notification to residents, posting signs; establishing a field office and
construction storage location; scheduling Building Division inspections;
obtaining all applicable permits; finalizing the permits and all the conditions
pertaining to the permits; preparing the BMP Plan and construction schedule;
providing traffic control and temporary construction fencing surrounding areas
that are subject to construction debris; and all other related work as required
by the Contract Documents. This 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 these Special Provisions.
• Photographic Records of Building and Site Pre -construction Condition:
Work under this item shall include providing the City labeled unaltered
photographs of the building exterior and interior, parking lot, and fixtures
attached to the building. Photographs shall be provided to the City via 4"x6"
minimum size -colored prints and in electronic *.jpg format. Construction
activities shall not start until the photographs have been received and the
Engineer has authorized work to commence.
• Removals: This work shall include all the costs needed to remove and
dispose of all of the existing improvements in order to create space for the
new improvements per the Contract Document.
• Project Site Maintenance: This work shall include all the costs needed to
complete the work listed under Section 7-8 of these Special Provisions.
• Construct New Improvements: This work shall include all the costs needed
to provide, install, furnish, and construct, all the new improvements and items
per the Contract Document complete and in place. The cost of all required
building tests as required by the Building Permits shall be made as a part of
the price bid.
Item No. 2 Construction Allowance (Fixed): The Contractor shall have included in
its bid a $10,000.00 allowance for the procurement, delivery, and installation
improvements not included in the contact documents. All items to be selected and
approved by the Engineer during the work.
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Item No. 3 Provide As -Built Plans and Closeout Documents(Fixed): 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 and closeout documents.
These drawings must be kept up to date and submitted to the Engineer for review prior
to requesting payment. The amount of $2,000.00 is determined for this bid item. The
intent of this pre-set amount is to emphasize to the Contractor the importance of as -
build drawings.
9-3.2 Partial and Final Payment.
From each progress 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 2 - CONSTRUCTION MATERIALS
SECTION 200 — ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General
Crushed Miscellaneous Base (CMB) shall be used as the untreated base material.
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the
plans.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Reinforcing steel shall be Grade 60 steel conforming to ASTM A 715 with 2-inch
minimum cover unless shown otherwise on the plans.
Page SP 11 of 14
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
300-1.3.1 General
Refer to Section 7-4 for Franchised Commercial Solid Waste Haulers requirements. 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.
SECTION 310 - PAINTING
310-5 PAINTING VARIOUS SURFACES
310-5.7 A minimum of two coats of paint shall be applied to all exposed
surfaces to match existing and/or per Contract Documents
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 and businesses within 200 feet of the project, describing the project
and indicating the limits of construction. The City will provide the notices.
Page SP 12 of 14
Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to
the residents and businesses 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.
600-3 PEDESTRIAN ACCESS
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to all establishments whose access will be impacted by
construction operations, particularly sidewalk construction.
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.
601-2 TRAFFIC CONTROL PLAN (TCP)
Page SP 13 of 14
The Contractor shall provide traffic control and access in accordance with 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.
5. Sidewalk closures in non-residential areas, or as determined by the City, shall
be set with barricades and SIDEWALK CLOSED signs on barricades at the
closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at
the closest crosswalk or controlled intersection.
6. Sidewalk closures in residential areas, or as determined by the City, shall be
set with barricades and SIDEWALK CLOSED signs on barricades at the
closure.
7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE
CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs
mounted on barricades in order on the approach and at the closure.
The Contractor shall fully comply with the following PROJECT MANUAL
(Architect's Technical Specifications) dated August 10, 2025, which augments,
but are not referenced to, sections of the
Standard Specifications for Public Works Construction.
Page SP 14 of 14
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