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HomeMy WebLinkAboutC-3992 - Mariners Park Restroom ConstructionCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC January 13, 2010 Nile Advanced Construction, Inc. 536 E. Rowland Street, Suite A West Covina, CA 91723 Subject: Mariners Park Restroom Buildings (C -3992) To Whom It May Concern: On January 13, 2009, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on February 17, 2009. The Surety for the contract is Indemnity Company of California and the bond number is 734856 -P. Enclosed is the Faithful Performance Bond. Sincerely, 4M4� Leilard I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC February 17, 2009 Nile Advanced Construction, Inc. 536 E. Rowland Street, Suite A West Covina, CA 91723 Subject: Mariners Park Restroom Buildings (C -3992) To Whom It May Concern: On January 13, 2009, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 16, 2009, Reference No. 2009000020613, The Surety for the contract is Indemnity Company of California and the bond number is 734856 -P. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani 1. Brown, MMC City Clerk encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 BOND NO. 734856 -P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, Slate of California, by motion adopted, has awarded to Nile Advnaced Construction, Inc., hereinafter designated as the "Principal," a contract for construction of MARINERS PARK RESTROOM CONSTRUCTION, Contract No. 3992 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3992 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, INDEMNITY COMPANY OF CALIFORNIA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Forty -Three Thousand and 001100 Dollars ($543,000.00) 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 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 3247 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 or the specifications accompanying the same 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 21 ST day of MAY 2008. NILE ADVANCED CONSTRUCTION, INC. Name of Contractor (Principal) INDEMNITY COMPANY OF CALIFORNIA Name of Surety Authorized Age Si lure 500 N. BRAND BLVD. 01120 GLENDALE. CA 91203 PHILIP VEGA: A RNEY -in -FACT Address of Surety Print Name and Tilk AGENT: 626 - 859 -1000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On May 23, 2008 before me, M Locey, Notary Public, personally appeared Samih Barsoum, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i '7t (SEAL) Notary Public in and for sai fate OPTIONAL INFORMATION Title or Type of Document: Labor and Materials Payment Bond for Contract No. 3992 • • POWER OF,irMIZNFa FOR DEYFLOPERSSURETYAIND INDrnINIT1'COMPANY INDEPINII I' COMP:AN1' OF CALIFORNIA K I 10 19725. 1 RV I N I'.. l .A `)_'A?I t9a9126l.l Infi KNOW ALL MI[N HY IHCSI. IYthSEN'I'S. trot necp as hlue,aly Ii nnl.J. 1)I: V I; LOI'C16 .SURET \' AND INDIiMNI rl' C'OMI•IN,\, :uuI INDhNINI I'1' COMPANY OIr CALIFORNIA. do each. Irercb+ nakr. Cnn,omlr :old app+nnt ** *Phillip E. Vega, Frank Morones, jointly or severally * ** AS their INC and Inwlifi Aoo,aCyI,Fio-FACt, m nuke, exccvn•. deliver and acknuwlodgr. hwand of behalf of aid corpuralions. as suraic,. bmd <• undertakings and Contracts of suclyship giving and punting umn sold Auo tny(s) -in -Fact fill) p+wer and nwhN'ily n+ do and In rwillonn eve act ncecssant rcyuislu or proper to be done in esmn+eaion therewith as each of aid eorprmahms could fin, but rewrs ing In each of said colpowiitm< Fill ppwer of,uhstitutinn and revoeDtion. and At of the ocls of pill ADOnsuytal in Fact. Pursuam In These prints, use hereby twilled mN confirmed. This Power of Atlumcy is gmoted and 1, signed by fusimilc under and by uufhorify or the I'nllnwmg ,,,huirms adopted by the Rtifrccfive Roan! of Direelo6 of DEVELOPERS SURE'rY AND INDIih1NffY COMPANY toll INDC"MNrry COMPANY OF CALIFORNIA. elTeeuve as of November 1, 2011fl, : It LSOLVF.D. but the Chairman of file Board- the President anti any Vice President of the c"Kauinn be. and that Inch M'thcn) hereby is. 4mhori7ed hp excel le Puut•rx o(All(aney, ytufi{viag the auancy(s) nulled in fire ProWns nrAnumcy to e[cculf, on "I f of the co rxI1JIlnn,, brads, undenlkings trad ennrraers oI suretyship; and that the SCcmlary M acv rAhsistatu Secretary of the corlMrallous be. and each of their hereby a• aNloolzc I to wimt Ilre excelinot of Any i11CI+ PUWR of Atlnnlcy: RESOLVED. FURTHL•R, that the Apmure< at such officers finny he of axed In any such Power of Attorney or W any ceniOnlc rclaung therelo by 6asimi)c, and any ,rich Power of Alforncy or ccnifcate hearing such fic<imile signatures shall he valid and binding upm fire eurpnratha when xu nHited and in the future with clipacl R, any bend, unmaking or contract nfsurcoship to which it is attached. IN WITNESS WN EREOF. DF.VP.LOPERS SURISfY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have s ,Tr• ily Caused these Prcv:nrs to be syncul by their respective rxeauive Vice Prexidml and unesred by their nsPalivc• Scmiary this to Jury of Occrn.her. 201`15. By: -- David H. Rl +odu. Ex¢mitc Vieu- praiJcm c,.t4 AND/, rpTy,p�AN Yom fiat -t. OCT. 2? 19T6-71 a' 10 bpi w 1967 By: zz =o; 1976 " AValter A. Crowell. SecrcnuSecretary ?•''a.'••.. In.A :`.aD y� c44pOP! STATE OF CALIFORNIA COUNTY OF OR.ANC;I; On December I. 21X)5 before me. Gina L. (ironer. NouuV PuNic (hen• mscn name and tide nrlbc officer). pasrmally appeared David H. Rhodes and Nailer A. Crowell. personally known to Inc or lu'oved uI me cut the bthu of ptisfuctory evidence) m he tie Pcmonl S) whose namHs) ix/are subscribed to the within inmmnsem and acknow•Icdf}d to lure that 46shchlIcy esecuroJ the same in hLe1+cdthcir audaot97ed Cnpw:ilvl ks). and shill by hisAredlhcir signamn.Ysl ere the instnmwm the persrmls), or the emity upon brhalfol'which the pclsollfc) well, executed the instrument. W I'I'NESS my hand and official seal. Signature V r GINA L GARNER COMM, M 1569561 (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY ta)rnrrt e[ 'ups tay. 17, Not, CF•R -11 Fl C.A'rE. The undcrsipod• us AW.Munl SMneay. of DEVELOPERS SURETY AND INDEMNITY COMPANY awl INDW1,111Y COMPANY OF CALIFORNIA. does hereby cemily that the foregoing Power of Attorney rrmnins in full rarer and lulls on been revoked, and lunlwrmrxc. that rat, Ixuvisirms or do rescduriuns of the respective Hour& of Dirccton of said corporminrss set fonh in the Power of Attorney. nor in rorcc us of the date of this Crnificac. ibis Cenilhmle Is executed lathe City of hviuc. Cmliromia. the 21ST day of MAY 2008 By Albert Hillebrand. Assistant Secretary I0-1 JgO (Rev. 12n)5) i • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 5/21 /08 before me, Monica Blaisdell, Notary van ft personally appeared Phili�p Ve9a ftwol d eq who proved to me on the basis of satisfactory evidence to be the person(W Whose n") "I$ subscribed to the within instrument and acknowledged to me that heiVierbWexacwted the same in InmW authorized Mo1NCA - - - - I capacity(16tt)f and that by hLs igr)ature(*on the Conwrtgrfgn i 179107e instrument ft parsdn ), or the entity upon behalf of Notary Pdit • CaNforrrW which the person(X) acted, executed the instrument. Owngo b 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and t oficialseal. rom Navy sr Signature- LAM ia�AW# e~ of rmy mart OPnOX4L Tha gh the b1b maflon below Is rat required by law, It may Prove vak abta to persons ffl pb on the document and OOW PrerrvrN 0rVV&daru r&7WV1W aced r6aL'e0~t of INS tom to anodes doavraant. Description of Attached Document Title or Type of Documertt: Signer(r) Other Than Named Above: Capecity(les) Clalmed by Signer(s) Signers Name: 'Individual U Corporate officer -- Tiae(s): _ L Partner — ❑ Umited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Ocher: Signer is Representing: Number of Pages: Signers Nar ❑ Individual G Corporate Officer — Intle(s): ❑ Partner — ❑ Limited O General ❑ Attorney in Fact ToP of r o ne e ❑ Trustee 77"dfflft Cl Guardlan or Conservator L] Other: Signer Is Representing OZOal ruaor NOaiy Araotlellon•aiw tb eao Aw.P.aeav 210Q•Ctub„pt,,G a191921a2•Nr<1WtlaiaHOWyap U""W'r wamr:taattl rFMId0U8109BYr 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. i,^ January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran, Project Engineer 949- 644 -3340 or ftran@cky.newport-beach.ca.us SUBJECT: MARINERS PARK RESTROOM CONSTRUCTION - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3992 Recommendations: 1. Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On May 13, 2008, the City Council authorized the award of Mariners Park Restroom Construction to NILE Advanced Construction, Inc. Under this contract, NILE constructed a new restroom building including 2 -in water service and other utilities, sidewalks, hardscape, landscape, and fire hydrant relocation. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is shown in the following table: Original bid amount: $543,000.00 Actual amount of bid items constructed: $543,000.00 Total amount of change orders: $ 2.500.00 Final contract cost: $545,500.00 One change order was needed for a special mold to expedite the concrete block order. The final overall construction cost including this change order was less than one-half percent over the original bid amount. Based on excellent City staff support of this project, NILE constructed the pedestal for the dedication plaque at no charge to the City. • Madwe Pok Resbom Combuctlon - An wet Acoeptwoe or convect No. 3992 Jenuwy 13.2009 Pop 2 A summary of the project schedule is as follows: Estimated completion date per June '07 schedule: April 3, 2009 Project award for construction: May 13, 2008 Estimated completion date at award: September 16, 2008 Actual substantial construction completion date: September 16, 2008 The schedule was advanced to accommodate the wishes of Council and the community. This successful project was completed on schedule (including removal of the temporary restroom, utilities and turf repair performed under a separate contract), and was ready for the Mariners Park Renewal Ceremony on October 30, 2008. Environmental Review: This project was categorically exempt from the provisions of CEQA per Section 15301(c), since the project consists of making repairs to existing sidewalks and other improvements that do not expand their current use. A Notice of Exemption was filed with the County Clerk. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City - prepared construction informational notices were distributed by the contractor to residents within the Work vicinity. The first notice was distributed ten days prior to the scheduled work. The second notice was distributed 48 hours before the work commenced. Funding Availability In addition to the primary construction contract, this project included for material testing, printing and incidentals: Construction $545,500.00 Design 34,398.50 Geotechnical & Material Testing 8,034.10 Construction Inspection 1,834.65 Printing and Incidentals 3.053.67 Total Project Cost $592,820.92 Funds for the construction contract were expended from the following account: Account Description Account Number Amount General Fund 7015 - 05100909 $545,500.00 Total: $545,600.00 • Mariners Part Restoom Conduction - Co& and AaepWm of Contrad No. 3992 Jemmy 13,2009 Page 3 Prepared by: Frank Tran , en G. Badum Project Engineer �ic Works Director This Document electronically recorded by w s • �Cert Mail A RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder 11jN1111INll011111 NO FEE 2009000020613 11:57am 01116/09 213 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt from recording fees pursuant to Government Code Section 27383° NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nile Advanced Construction, Inc., of West Covina, California, as Contractor, entered into a Contract on May 13, 2008. Said Contract set forth certain improvements, as follows: Marniers Park Restroom Construction (C -3992) Work on said Contract was completed, and was found to be acceptable on January 13. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. cc p 9 VERIFICATION (c Works Director of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �AB� ►I r 7i ��� at Newport Beach, California. BY aMA !• V1�1/ City Clerk A Ir'1 O zj U N W -� cc p 9 VERIFICATION (c Works Director of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �AB� ►I r 7i ��� at Newport Beach, California. BY aMA !• V1�1/ City Clerk • i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC January 14, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: 1. General Services for Building D Locker Room and Restroom Remodel (C -4029) 2. Eastbluff Drive Street Rehabilitation (C -3968) 3. Tennis Court Fence Replacement — Grant Howald Park (C -4043) 4. Mariners Park Restroom Construction (C -3992) 5. Pelican Hills Road North and Newport Coast Drive Southbound Right -Tum Improvements (C -3945) 6. 2007 -2008 Sidewalk, Curb and Gutter Replacement Program (C -3974) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, in V Y� Cr4� rt YY UWV� Lellani I. Brown, City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nile Advanced Construction, Inc., of West Covina, California, as Contractor, entered into a Contract on May 13, 2008. Said Contract set forth certain improvements, as follows: Mamiers Park Restroom Construction (C -3992) Work on said Contract was completed, and was found to be acceptable on January 13. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. fic Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on JaV►�rl �7+ Uf�� at Newport Beach, California. J BY avu City Clerk E 0 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 AM on the 22nd day of April, 2008, at which time such bids shall be opened and read for MARINERS PARK RESTROOM CONSTRUCTION Title of Project Contract No. 3992 $700,000 Engineer's Estimate by k6phen G. Badum blic Works Director Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General Building Contractor `B" License is required for this project For further information, call Frank Tran, Project Manacle r at (949) 6443340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city,newport-beach.ca.us CLICK: e- onlineservices l e- bidPublicWorks 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................... ............................... Cover INSTRUCTIONSTO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATIONOF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABORAND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 OR 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 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 dearly marked on the outside of the envelope containing the documents. 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in • substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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. 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. The signature below represents that the above has been reviewed. gG. 7eoll Contractor's License No. & Classification AlYz: AnmAlexo c�,vsT ��fia TI.t/c Bidder Authorized Signature/Title 0'& 12VO A Date • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MAIRINER5 PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10°x" ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MARINERS PARK RESTROOM CONSTRUCTION, Contract No. 3992 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 21ST day of APRIL , 2000. NILE ADVANCED CONSTRUCTION, INC. Name of Contractor (Principal) LINCOLN GENERAL INSURANCE COMPANY ..........._.. Name of Surety 701 B ST. SUITE 2100 SAN DIEGO, CA 92101 Address of Surety [-1 —& Telephone (Notary acknowledgment of Principal & Surety must be attached) • 0 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and e000int: Philip E. Vega, Frank Morones its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars ($3,000,000) and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4o day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s) -in -Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. IN WITNESS WHEREOF, Lincoln General Insurance Company has caused be signed by its duly authorized offices this 4th day % t(kptaml)yfj 2002. ri1 ' - gORATES Gary J opRFS tary g 0, 6 The Commonwealth of Pennsylvania Z': A 977 York County °1'� 0Q;.,`cVly Swell., On this 4th day of September, 2002, before ni !* £onall� camel C. Bhojwani, to me known, who being duly swom, did depose and say; that he is the President of the CorpdfMr*;WWlWd in and which executed the above instrument: that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; end that he executed the said instrument by like order and authority and the same was his free act and deed. _ The Commonwealth of Pennsylvania Catherine Made Loose, York County Spdn0e1sbury 1Wp., My COnlmiasion Expires I, Gary Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing Is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. 1N WITNESS WHEREOF, i have hereunto set my hand 0d affixed the seal of said Company, at York, Pennsylvania, this ST dayof APRIL ..ymum,,.. ^ ') 'O�pO— N: 4 1977 - :nV1V3YL`1P *1'. ............. , 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGIAENT State of California County of Los Angeles On 4/21 X08 before me, Monica Blaisdell, Notary bale He. lmedl Name and Tift of tl,e deer personally appeared Philip Vaga %M00) of IXe - - - - MONICA BLAI ttt Commission 1 1794074 IL Notary Pubfla Cotitcmfa orange County 30WO."i'mil MQ tID14 who proved to me on the basis of satisfactory evidence to be the person(4 whose name(h) is(p subscribed to the within instrument and acknowledged to me that hel9ldweitecuted the same in hlsW#Wf(authodzed capacity(il5tf)( and that by hisfteiiiiiiiWignatureW(on tha instrument the person), or the entity upon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature -raft� u^'w Place Wady Seal mme a9MM d Notary P c OPTIONAL 7hough the Information below is not required by law, it may prove valuable to persons relying on the document and could p(everN fraudkdent removal and rvetta )wwt of this Arm to anoN»rdocument. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ 'Individual ❑ Corporate Officer — Tttie(s): — ❑ Partner — ❑ Limited O General ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: S1G4'r THUf1AP.91NT LNOF �IGNCG Number of Pages: Signer's Name: ❑ Individual n Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: M ®20a]Natlonel Notary Aepceggn•8350 De Sofa pve.,P.0. Fax 21�•C�etewM,CA 91913- 2102�wvn.MatlmelNOlayarp Item d58e/ fleorder. CaIITdIFRe19008reb93! CERTIFICATE OF ACKNOWLEDGMENT State of California County of _uy-�' On !,A ooj \14, Zt before me, personally appearedrn i h urY� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isAm subscribed to the within instrument and acknowledged to me that he /skeAhW executed the same in hisAft/dwir authorized capacity(ies), and that by his/her/*Agr signature(s) on the instrument the person(e), or the entityy 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. CELIA ROMEI1 WITNESS my hand and official seal. � CoMm.01601143 NOTARY PIPoUC- MWORNIA _4 '"t+ry lJL IV nv Coow. E .AMET 5.1009 Signature of Notary Public (Notary ) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAMMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl ?.10.07 800- 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment compfeted in Callflrnta must contain verbiage exactly ar appears above in the notary section or a separate adboroviedgmera form most be properly comphted and anacited to d rt docroeene Me only sxcepdan Is if a dooanent is to be recorded ovtrida of Calybrnta. In such G sfarwax any altemadve acknowledgrreem verbiage ar may be printed an such a dacmnent so iorg as the verbiage does not require the notary to do sameddng that & Illegal for a rotary in Caltjortaa fie. certifytng du mahorised capacity of the signer). Pkase chock dm docmrre to fnilyforproparnoavrialwmdingmdattach ddsform tfrequired • State and County information must be the State and County where the document signer(s) personalty appeared before the notary public for artmowledgmeae • Date of notarization must be the date that the signer(s) personally appeared which must also be the same dam the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forces (i.e. Wshdibay, is lare) or circling the correct fares. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or Wars. If seal impression smudges, ra-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional inormation is not required but could help m ensure this acknowledgment is tart misused or attached to a different document. • Indicate title or type of attached document number of pages and dam. r> Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officar, indicate the title (Le, CFA, CFO, Secretary). • Securely attach tars document to the signed document Best's Rating Center - Com6y Information for Lincoln General Wrance Com... Page 1 of 1 Ratrg Center - w Financial SYrnth Issuer - Credit Secarit Advanced Search : )_9 View Ratln en I atti Web c-tv.' sale, Rating Methodology Industry Research Lincoln General Insurance Company Ratings DefrlitlonS " Seat ch Besr3 Ratings I. memM, or Kinvae A,rvini 9rvua) Tb.e mvq ie assgeeamcomueeHe �ssRy —�� POO A.M Be[Y: o]!]] lv=..:AGS Ms.: icUti.NS Slvcx Take,. New YOn sb.,Exelu,ga NIWIla I... Stink Exclave TV Km Address: P.D. Box 3709 Phone: 717- 757 -0000 nou, opinun.egwtivGlLLy lv meellM/ t1 o,gomq cdgetmsbM6cylivlten. I Related Products 1 York, PA 17402 -0136 FaX: 717- 751 -0165 Web: www.linwingeneral.com - hdUA&Y a Re Wnel Country Risk Best's Ratings Financial Strength Ratings yIEW Daflrlitlons Rating: B +. * (Good) Financial Size Category: VIII ($100 Million to $250 Million) Implication: Negative Issuer Credit Ratings View Definitions Long -Term: bbb e Implication: Negative Action: Downgraded Under Review n rlCiWad FfMride yy HO� CDriact M iAf181y$t Action: Downgraded Under Review Effective Date: December 18, 2007 Date: December 18, 2007 * Denotes Under Review Best's Ratings Reports and News Visit our NewsROOm for the latest news and press releases for this company and its A.M. Best Group. Alte_CredgReggn dm igul s Pmenesional lUnabr deed) (formerly known as Best's Company Report) - includes Bests Fin: 1 mlionale along with comprehensive anahoicai commentary, detailed business overview and key financial data. 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AM Best W.rIcWde Headquarters, Ambest Road. Oldwiek, Nee Jersey. 08858. U.S.A. http: / /Www3.ambest. com /rati ngs /F ul I Profi le.a sp? B I =0 &AM B N um= 3723 &AItS rc =... 04/24/2008 File Edit View Favorites Tools Help Mv O Back - a .'1 :: Search Favorites e UAdd_ .R1 Organk , 4nkg QMedla 6) A.M. Best The ... ,Mabc7.com Wea... tAgents & Brok... MBioSpace New... MBusiness Licen.. MCA Dept of Ins... (California Secr.. _ &Camping and ... 01CANON CORE... MCheck Interact.. 4Classmates CCNB -Online PA... tConsumerRep... €3Contractor Lic... MCOUrt Case Inf... Mcraigslist oran.. 4Credit Union ... ]Davis- Stirling... ADiscount Cruis.. 4ADiscount hotel... ihfedex.com - In MOM =7 — I&I X 1p — --- ...i All .•I :1 a- z.html -1 0 G Links" NM, NC, N0, OH, OK, OR, PA, r' Sr. cp, IN, I X. c L vdV, WI, WY. .'C ORPpRr i IN Texas. J Liberty Insurance Corporation (NAIL #42404) BUSINESS ADDRESS. 175 Berkeley Street, Boston, MA 02117 PHONE: (617) 357 -9500 x- 41015. UNDERWRITING LIMITATION b/: $32,968,000. SURETY LICENSES c,f /: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, ME, MO, MT, NE, NV, NH, NJ, NM, NV, NC, NO, OH, OK, OR, PA, RI, SC, SO, TN, TX, UT, VT, VA, WA, WV, WI, WY INCORPORATED IN: Illinois Liberty Mutual Fire Insurance Company (NAIC 023035) BUSINESS ADDRESS: 175 Berkeley Street, Boston, MA 02117. PHONE: (617) 357 -9500 x- 41015. UNDERWRITING LIMITATION b/ $91,353,000 SURETY LICENSES of /: AL, AK, AZ, 4R, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, M5, MO, MT, NE, NV, NH, W. NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SO, TN, TX, UT, VT, VA, WA, WV, W[, WY. INCORPORATED IN Wisconsin Liberty Mutual Insurance Company (NAIC #23043) BUSINESS ADDRESS. 175 Berkeley Street, Boston, MA 02117. PHONE: (617) 357 -9500 x- 41G15. UNDERWRITING LIMITATION b/: $799,700,000. SURETY LICENSES c,f /: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, Hl, ID, IL, IN, IA, KS, KY, LA, ME, MO, MA, MI, MN, ME, MO, MT, NE, NV, NH, N3, NM, NY, NC, NO, OH, OK, OR, PA, PR, RI, SC, S0, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY INCORPORATED IN: Massachusetts. Lincoln General Insurance Companyyrr(NAIC #33855) BUSINESS ADDRESS: I O. BO% 3]09, I RK, PA 17402 - 0136. PHONE: (847) 700 -8500 UNDERWRITING LIMITATION b/: $13,320,000. SURETY LICENSES cif /: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, Hl, 1D, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, ME, MO, MT, NE, NV, NH, N3, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SO, TN, TX, UT, VT, VA, WA, WV, WI, WY INCORPORATED IN Pennsylvania LM Insurance Corporation (NAIC #33600) BUSINESS ADDRESS: 175 Berkeley Street, Boston, MA 02117. PHONE: (617) 357 -9500 x- 41015. UNDERWRITING LIMITATION b/: $1,698,000. SURETY LICENSES cif /: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, M0, MA, Ml, MN, MS, MO, MT, NE, NV, NH, N3, NM, NY, NC, ND, OH, OK, OR, RI, SC, 90, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY, INCORPORATED IN: Iowa. Lyndon Property Insurance Company (NAIC #35]69) BUSINESS ADDRESS: 14755 North Outer Forty Rd„ Suite 400, St. Louis, MO 63017. PHONE. (800) 950 -6060. UNDERWRITING LIMITATION b/: $12,513,000. SURETY LICENSES c,f /: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, [A, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV. NH, NJ, NM, NC, NO, OH, OK, OR, PA, RI. SC, SO, TN, TX, UT, VT, VA, .-4 Mfree fonts J� WA. WV. WI, WY. INCORPORATED IN: Missouri. A . I Id GONM.. (x] Microsoft .. 1060K - ... jfi 2 Per.. FC Listlng . V2 10:3 f�4 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 DESIGNATION OF SUBCONTRACTOR(S) 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 following subcontractors 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. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: te-rA 10AiAWW& Address: 1836 Al C, RErrrA Adf' o990o PAi.41T VA`i'.V6A CA 171;44 11/0 Phone: (626) 796 - Go54, State License Number: 54fs03 Name: RuMl <«GrKlc Address: 73x44 FLv yL� AVec Ez,,eee is t7oWA•�y & A 17nz40 1600, �� •�a Phone: 65dl) 9,09-918C State License Number: 9!53,z3- Name: I4i614F/Q TEW StjA/f Address: 1f3, 6 APPA/oosA 'VAy 11jAlre1AiK CA 9!763 09'"° C1"KA' e- 1 %L� 13 6/0 Phone: 0oq),.26 -i$o3 State License Number. 85, .2101 Bidder U sir V. Authorized Signature/Title • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform excess of one -half of one percent of the Contractor's total bid. If a subconl Contractor represents that he/she is fully qualified to and will be responsil portion of the work. Substitution of subcontractors shall be made only in law and/or the Standard Specifications for Public Works Construction, as of Pursuant to Public Contract Code Section 22300 appropriate sec for any monies to be withheld to ensure performance under the Contract. irk in an amount in for is not listed, the for performing that ordance with State may be substituted The Bidder, by signing this designation, certifies that bids tom the following subcontractors have been used in formulating the bid for the project and that t ese the will be used subject to the approval of the Engineer and in accordance ith State law. No changes may be made in these subcontractors except with prior approval of he City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of W rk %of Number Total Bid Name: IWKAer 1?XaTH1Wt Address: 14835' VAA/ 1Y�VrAjl (0,i,.f6Ye4 114w I I 6AROJB vA, CA fo249 Phone: (31,)329- 7331' State License Number: 4//339 Name: U S A RooFr'A/G Address: 1790/ A 14E�TNAVf Ci ry of i4(()&SrKyC A 911745 7�?2 �2uvFiN 6 sysi�y li 1 °/ Phone: 8,7o - 1 °79 State License Number: 79741171 Name: C2A/ST/?a c9rviPi lol ( o Address: A7417' AO K1f A/c 09, to Soo "/ - CoviA,-A CA 9/791 Phone: (6k6) 6/0 -365' Stale License Number: 89/69$ Bidder 0 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 DESIGNATION OF SUBCONTRACTOR(S) State law requires.the listing of all subcontractors who will perform excess of one -half of one percent of the Contractor's total bid. If a subconl Contractor represents that he/she is fully qualified to and will be re§ponsil portion of the work. Substitution of subcontractors shall be made only in law and /or the Standard Specifications for Public Works Construction, as al: Pursuant to Public Contract Code Section 22300 appropriate sec for any monies to be withheld to ensure performance under the Contract. ,rk in an amount in for is not listed, the for performing that ordance with State may be substituted The Bidder, by signing this designation, certifies that bids (om the following subcontractors have been used in formulating the bid for the project and that t'tese subcontractors will be used subject to the approval of the Engineer and in accordance %vith State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of W rk %of Number Total Bid Name: Doag S PEC. 1 Lt it T groo � � S Address: 6(,�5 ZP%C7N'`W'1vl oo 3 PrCo p.IV61ZA CA90 Z6 Phone: ('313 gSy—,2971 State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Bidder 131 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders 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 $15,000, provide the following information: No. 1 Project Name /Number Project Description t-, Al- &rKLyC f R., ed Algd f TiA/,I, Approximate Construction Dates: From 4/ �/0 7' To: 10117/o7 Agency Name Q. �. (A4ASA) 114AA,- 1X /Jv' Contact Person �ii,� uZo /,,12 4�_ 2 Telephone (gig) eL:�s Original Contract Amount $ I / Final Contract Amount $ , Io 4 7o0, o o If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 2 Project Name /Number N AN) 11--:)11/ M C c HI op L Project Description c t-1 a " k ,., r1 I Al 1 cWe CA a,;Z n I`A/h g c,,A, ✓il /. Approximate Construction Dates: From. To: 157J2�-/c Agency Name (>,lF 0 gr�Ac1 -1 Contact Person Telephone (6)6) ?9/ Original Contract Amount $ i? i,,,, Final Contract Amount $ i '� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number 4(1 (j-ui „p 0 V 1-1 0, Project Description 111�k 6'/-,Z Approximate Construction Dates: From To: I I Agency Name c T/', i �1,. / /t C ✓ l Contact Person Telephone (6&) 7v 5- 4k42/ Original Contract Amount $.Final Contract Amount $ 7o rlaoa. If final amount is different from original, please explain (change orders, extra work, etc.) A h/a rf K 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. 0 `rM. Project Name /Number J R En a- sTRAAZ4JC. SrEI vv G Project Description Approximate Construction Dates: From Z- A/o y To: I. Agency Name l'1" a Contact Person Telephone (7/¢)7o 7 -3 ?o;3 Original Contract Amount $ ,Final Contract Amount $ X20 00. If final amount is different from original, please explain (change orders, extra work, etc.) lkTkA W.)KK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number t3 i X y4y _�� .-I-I oo L Project Description ccldva L FZf�lo✓J� �jrE u9��rd Approximate Construction Dates: From _n S To: I o,(30 /o A/ Agency Name 4� C 4r ca,vrlt{ — :Z', AI 4 9,gr,j4�4 Z Ar, u_F_r/fI UJ.0 Contact Person A (z H A i A17 Telephone W� ) Tof - -�/1� Original Contract Amount $ 43p.,., .., Final Contract Amount $ 4 �q , „ .. ., If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 6 Project Name /Number Project Description se hi. A 99'6/"k�j /iw/6 Z &Z Approximate Construction Dates: From „gt,/„ S To: c / 7 v Agency Name 4g�r�uF.,i Contact Person _I1 4 IQ Telephone (626 Z2C,_ 4(4. Original Contract Amount $ 33,„_,2Final Contract Amount $ _3a 70.. , e J If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. 1A_1%LZ 1_\OVANC.r__n luusf[i(t9ioil//UC Bidder orized Signature/ Title 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ) SA t4;14 G ARSO&40 being first duly sworn, deposes and says that he or she is of .111E A 00 ltw- , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. *14E AQVA4 /GG /D Laa /rfi? 1NC /4 -a Bidder Aut�d Signaturemtle Subscribed and sworn to (or affirmed) before me on this— l day of A p9 r) , 2008 by. qaA i N ?AQSau�/ , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Not&j Public k� LUPE SALGUENO I COMM. #1588514 z (SEAL] z Notary Public - California o Los Angeles County Comm. Extivers Jun. 19 2= My Commission Expires: (r r e lo-5 11 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 DESIGNATION OF SURETIES Bidders name Lf A Yl V.& .vC6O /'n^/s r za c7 i 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): C.C. 4k) LLo s� Iii' -4 CA X7172, W4; 12W j /10 ✓cRA 12 • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL, Bidders Name Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts �► 3 1 Y 3 17 Total dollar Amount of a ' d12Tv, y /� 12Ju.uo pQ /IJ�eN 86�,J„ S&,,.3-- Contracts (in � Thousands of $ No. of fatalities No. of lost Workday Cases n n o CD 0 «- No. of lost workday cases involving permanent n n CD transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder "F a oy4A /�g,0 , v�7xvc Business Address: ygg, L-- a,�,gjzq �uF s,.r� rz w.ca�iva Business Tel. No.: 6,s 14) 95131!.,z, State Contractor's License No. and Classification: S �i6 X36 Title 1aKATlc,.d 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 �i ,;;e CA4j) -I r3ARcou" Date X749 Title Signature of bidder Date Title Qgr -sin T Signature of bidder Date Title Signature of bidder _ Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. 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 of fewer than all of the partners /joint ventures if submitted 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 notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. COMM. #1588514 Z Notary Public - caldomia o Los Angeles County __... � 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 ACKNOWLEDGEMENT OF ADDENDA Bidders name 1111L�41 0Von /G�,R /S %RLGT�f/ LNG. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 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: v;ZF n� ,)VA &e::r Business Address: 191., r ('ARvr_y n_i•C c„..rn ;A g W. e,i,. ,A CA Telephone and Fax Number:UZZ) Ry_ ?y,,, Ez l J.259_ ?f.; California State Contractor's License No. and Class: g4ZZ&1 1 C/f X36 (REQUIRED AT TIME OF AWARD) Original Date Issued: 9/�,, [� Expiration Date: 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: QAmj" Y).AMCoUdM 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 AO / -/ W, AIA P I T 7•s SCFAcdreylrd Weal :d44, �6da7�os -539 cAMfU l�nl?c sui. V � 129 W ,��✓✓iY °f S� �i �cZ[4 vim' CO�cS �,4 ->9v� Corporation organized under the laws of the State of CALF .. 'A 16 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; 4 Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No Are any claims or actions unresolved or outstanding? Yes / No 17 0 • If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. And UAA4g (Print name of Owner or President of Corporation /Company) nnyQ ✓cen r jw-,7g c46 u /,,ic A04461 y P Bidder Authorized Signature/Title 1 / 1'. Title Date Subscribed and sworn to (or affirmed) before me on this— 22 day of / P&D j .2008 by S r Lm) ld A )eSd Li 9N , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. [SEAL] 18 0'. " W . -- i My Commission Expires: 2001 LUPE S ""N'o COMM a 1588514 z a _ �, Notary �. �.i,c California 0 Los .a. ,des County Comm. E,,,'es Jun. 19, 2009 LUPE ALGUE 0 COMM. #1588514 rc Notary Public • California z z Los Angeles County M Comm, res J, Uri. 19, 2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 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. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 THIS AGREEMENT, entered into thislday of, 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Nile Adv aced Construction, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of obtaining no -cost building permits, constructing a new restroom building, all necessary utilities, and surrounding hard - scape, landscaping, constructing 2 -in water service, relocating a fire hydrant, and all other related work as required by the Contract Documents WHEREAS, 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, City and Contractor agree as follows: A. 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3992, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). 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. B. 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. 20 i • C. COMPENSATION 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 Five Hundred Forty-Three Thousand and 00/100 Dollars ($543,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 644-3321 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Nile Advance Construction, Inc. 2820 E. Garvey Avenue South West Covina, CA 91791 626 - 859 -3900 626 - 859 -3901 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $2,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 0 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. 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. 5. Nothing in this article, nor 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 in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. `ZI K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORM: 1A111111 C. HARP Assistant City Attorney 25 Cl A 29 NILE ADVANCED CONSTRUCTION, INC. By: orporate Officer) Title: V. r%. Print Name: cDAgSouay By: 90" i� financial Officer) Title: Print Name: f,d Me 11 1,�,%gro a �f 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 BOND NO. 734856 -P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Nile Advnaced Construction, Inc., hereinafter designated as the "Principal," a contract for construction of MARINERS PARK RESTROOM CONSTRUCTION, Contract No. 3992 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3992 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, INDEMNITY COMPANY OF CALIFORNIA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Forty-Three Thousand and 001100 Dollars ($543,000.00) 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 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 3247 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 or the specifications accompanying the same 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 21 ST day of MAY 2008. NILE ADVANCED CONSTRUCTION, INC. Name of Contractor (Principal) INDEMNITY COMPANY OF CALIFORNIA Name of Surety Authorized 500 N. BRAND BLVD. #1120 GLENDALE, CA 91203 Address of Surety AGENT: 626- 859 -1000 Telephone PHILIP VEGA: A' Print Name and NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On May 23, 2008 before me, M Locey, Notary Public, personally appeared Samih Barsoum, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for sai tate OPTIONAL INFORMATION Title or Type of Document: Labor and Materials Payment Bond for Contract No. 3992 0 0 POWER OFATTORNF•Y FOR DEVELOPLR9SURL'rYAND INDLNINITYCON'IPANY INDF.NINITY COMPANY OFCALIFORNIA NO ROX I9725. IRVINE, CA 92623 (949) ''- 03 -330o (:NOW ALL NILN UY 1'liliSL• PRGSLN'I'S, that except As ecpressly Nroimd. OLVIiL0111:1 5 SURETY AND INDI!MNITY COMP ANY anti INDLMNI'fY COMPANY' OI° C:ILIFoRNII,%, d0 caclr. hvrehx make. cnnsumtc and appoint: ** *Phillip E. Vega, Frank Morones, jointly or severally * ** as their true and Inx'ful Auumeyl5l -in -Fact, to make, execute. deliver and ucknnxvlttlgc, fur 11116 nn brhulF nl'sniJ twrp0ralinus, as surelic >. hnnJs, untlerankin0 and contracts of surolyship giving And gn'ent 1W 111110 said AtIo ney(0 -it, Fan full power And n tit horily m du and In perform every net necessary. rcyuisite or proper ro be done in connuct ion therewith as each of suid corporations could tin. but resin ing In each of soitl co purat inns Ill II power of xubsi i Iution Anti revmol ion. anti all of the Gels of Said Allurneyf sl- in- F'ACt, pursuant to these pmsens, arc herd +y rnlilied and confirmed. This Power of Allorney is ginned And is signed by facsimile tinder and by mahm'ily nl'thc I'nll0wing resohuions adopted by the respective Board of Diremnrs of DLVCLOPRRS SURC•TY AND INDI9MNITY COMPANY And INDEMNI'r1' COMPANY OF CALIFORNIA. cllbdivc as of NnWmhur 1, 2000: RESOLVCD. thin the Chaimon of the Board, the Presidium anti any Vice President of the cutporninn be, and that each arlhenr hereby is naboi iicd m execute Powers of At qualifying the nu nrncyls) named in the Powers of A tomcy m cxccttic, 011 behalf of the la it bonds, undenxkings it cunmacts of suretyship: and that the Suet elary or any Assisi alA See MIA ry of the em'poia fions tic, and each of Ihcnr hereby is. Aud1m'ixed I at est the execution of nay such Power of A Homey; RESOLVED. FUR'rHCR, Ilim the signalm'es 01`51161 ulTrt'crs Any be of lml to any such Power of Attorney or io nny cenili°nc relating thereto by facsinile, And any such Power nl'Allornuy or cenilicnic beuring such facsimile s'igmoures shall be valid :red binding upon the corporation when so affixed and in the futnlrc with respect Ill any bond, undertaking or conirncl of Saretyshlp to which it is allached. IN WITNESS WHERROF, DEVELOPERS SURETY AND INDCNINITY COMPANY and INDIiMNrrY COMPANY OF CALIFORNIA have severally caused these presents to be signer) by (heir respective Executive Vice President anti nnesled by their mspwive Secretary this Isl dry or December, :WS. -- -- By: • +� AND Opf,PAN y OF David H. Rhodes, lixccutivc Vice-president �'�PF:.••_' ..eon °' +���'._ ,V..PPO14<.O 'r OCT. OCT. ! <' 2 5 1967 T a0 'o: 1936 iO' o 0 By: Walter A. Crowell, Secrets .:�'• "• IOWA,,.•• "A�', 2� 9C/FOF+ S'INI'E OF CALIFORNIA COUN'T'Y OF ORANGE: On December I, 2005 before me. Gina L. Gamcr, Notmy Public (here insult name and title of the nlrcurl, personally appenrcel David H. Rhodes And Walter A. Crowell. personally known to me (or proved to AM on the basis of saiisfnclory evidence) In be the immon(O whose twmc(s) is /am subscribed to the within num mount and acknowledged to me that hclvhefihcy execulcd the sntm in his'hurllheii uuthorivxd capaci(y6es), and that by his/her!Iheirsignaiumisl on the inatmmrnt the persons). or the cmily upon behalf of which the pet'sonfs) acted, exeaned the instrument. WITNESS my hand and official scot. Signat+nc 62qa � GINA L. GARNER COMM. k 7569561 NOTARY PUBLIC CALIFORNIA (SEAL) 1 ORANGE COUNTY CERTIFICATE. The undmigned, as Assislunl Scummy,, of DCVELOPCRS SURETY AND IND(,MNITY C'OM PANY and INDCMNrrY C OMPANY OF CALIFORNIA, dos hereby certify that the Foregoing Power of Am nlcy remains in full force And has not been revoked, and furthcrmom, that the provisions afire resolutions of the respective Boards of Directors of said enrporalions set forth in the Power or Atnnacy, are in fore as of the doe of this Certificate. This Cenificalc is exmutcd in the City of In•inc. California, the 21 ST dray of MAY 2008 Albert Hillebrand, Assistant Secretary ID -1390 (Rcv. 121115) 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of Californla County of Los Angeles On 5/21/08 before me, Monica Blaisdell, Notary Daw Here Insert Nme and TH9 of the Offter personally appeared Philip V got Ham s d B %r(s MONICA SLAISML Commfts -n - 1791075 Notary FUNC • Callfornla Orange SSrzrdy lots who proved to me on the basis of satisfactory evidence to be the person(o whose name(,*) is*W subscribed to the within instrument and acknowledged to me that he/ Ike / executed the same in hislW/ty(authorized capacity(fs)( and that by his4Mftj"ignature4iLkon the instrument the person), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officil seal.. SgnatU� U&W" Flove Noay Seel Abwo gvAum d Notary POW OPTIONAL Though the Information below Is not required by law, It may prove valuable to persons retying on the document acrd could prevent fraudulent removal and reattachment of this hum to anoMer document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ 'Individual ❑ Corporate Officer- Title(s): _ n Partner —❑ Umited ❑ General ❑ Attorney in Fact G Trustee • Guardian or Conservator • Other: Signer is Representing: OF sIGfJE�I Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Ttde(s)-- ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: PIGHTTHMIDPRINT ere ylcNrH 02007 Naaonel Notary Aswdsdon•9350 Do Soto Aw.•P•O.Bu Z402•Chatemrth, CA 91313-M-wnr MgmaN1 ry.org Item#5907 Reorder:Call Tidl- neei-600A76-GSV • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 BOND NO. 734856 -P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $SIXTEEN THOUSAND TWO HUNDRED NINETY AND 001100 being at the rate of $30.00 pe r thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Nile Advnaced Construction, Inc., hereinafter designated as the "Principal ", a contract for construction of MARINERS PARK RESTROOM CONSTRUCTION, Contract No. 3992 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3992 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and INDEMNITY COMPNAY OF CALIFORNIA, duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Forty -Three Thousand and 001100 Dollars ($543,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. O 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be Included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the spedfications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (9) year following the date of formal acceptance of the Project by the City- in the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 21 ST day of MAY 2008. NILE ADVANCED CONSTRUCTION, INC. Name of Contractor (Principal) INDEMNITY COMPANY OF CALIFORNIA Name of Surety 500 N. BRAND BLVD. #1120 GLENDALE, CA 91203 Address of Surety AGENT: 626 -859 -1000 Telephone PHILIPN . ATTORNEY -in -FACT Prink Name kW Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY 'MUST BE ATTACHED "T] CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On May 23, 2008 before me, M Locey, Notary Public, personally appeared Samih Barsoum, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for said OPTIONAL INFORMATION Title or Type of Document: Faithful Performance Bond 734856 -P for Contract No. 3992 • • POWER OFATTORNI;Y FOR DEVELOP CRSSURI rY.ANDINDEN'INI'FYCONtPANY INDF•N1NITY CONIPANY OF CALIFORNIA I'O 8I1S I P71%. Ili \'INF.. CA 92621 (949)'61.1100 KNOW ALL MIEN HY I FIESF. PR ESLNTS, that vxcupt as cqn ussly I rnocd [)lib'Ii L(1 PC RS SURETY AND IN DIr.MNrry Comi,:\N \' and INmJo N I'I'1' COMPANY OF CALIFORNIA. do each. hereby make, anxuTutc and eppoml: ** *Phillip E. Vega, Frank Morones, jointly or severally * ** ax their true and lawful Auorney(sl -in -Fact, to make, execute, deliver and tick nuw'ledge, rur and on behalf of said copuratimis, its suie6c,. hands, undertakings and contracts ol'suretyship giving and grunting until said Aumncy(s)-in -Fne'1 fill power and authority in do and to perform every net necessary. rcyuisile or proper To be done in connection Therewith as each of said corporations could tin, but reserving m each olsaid cmpomtions lull power ot'suhstitnimn and revocation, anti till of the acts or said A(lOmcylsl -in -Fact, pursuant in these presents, are hereby ratified and confirnwd. This Power or Attorney in gnuucd and is signed by facsimile under and by authority orlhe 1'mllowing Tesnl Lit iMIS adapted by 1110 respective 110,116 01' Directors ill' DEV ELOPERS SURE'rY AND IN DV KIN COMPANY and IND LMNITY COMPANY OF CALI FOR IA, clTcdive us oFNovcmbcr I, 2001): RESOLVED, that the Chairman mf the 6nard, the President unit any Vice President of the cmponminn he, and drat each of Them hereby is. xaholiaed m execute Powers of AtlOmey, quulifying the auomry(s) named in the Powers of Arorney to execac, on behoirof the corporations, bonds, undemtkings and contacts of suretyship: nod that the Scnetary or nnv Assisam Secretary of the corponl6ons be, and each of then hereby is, authorized to attest the txoculiml of any such Power of Attorney: RESOLVED, FURI'HER, lhm the signaures ors ich offecrs may be tiRiNOd to uny such Power of Attorney ur to tiny cnnificaic relating thcroo by PocsiTo lc, end any such Power of Attorney or ccrtificmc hearing such facsimile signatures shall be valid and hinding upon the coperotiun when xm nfTixed and in the Future with respacl m tiny bond, undernking or contract ofsureryship in which it is attached. IN WITNESS WHEREOF. DEVI?LOPER3 SUR119Y AND IN'DEMNI'TY COMPANY and INDIFMNITY COMPANY OF C'ALIFORN IA have severally caused these prescros Io be signed by their respective lixcculive Vice President and attested by their respective Svcrenry this IsT dtry of Occenleer, 20115. Dy. Cry ,AND jyo,., Op)PANYpF David 11. Rhodes, Executive Vice- President ,••"P.rL "e no Y'..F �'s_ O PPORe. 0 OCT 70 50, W t967 e$`•. 19360 n °-gins•, :db 2� 141FOP' Ter A. Crowell. Secretary s;Oy_+,/OW _ S I'AT L OF CALIFORNIA COUN'T'Y OF ORANGI! On December I, 2105 before me. Gina L. Gamer, Nolnry Public (here insert name and title c the ollicerl. personally appeared David H. Rhodes and Walicr A. Crowell, personally known to me (or proved to me on the basis of satisfhciory evidence) to be We persons) whose nanhe(S) WAIT Subscribed to the within instrument and acknr>w9lxdged Ili rem that helshe /they exn:uted the same in his,9ncr(theil authormd atpucito6esl, and that by histficr /dreirsignuturdsl nn the instrument the person(s), or the entity upon behalf of which the pasun(c) acted. executed The instrument. WI 'I NESS my hued and official seal. Signature 6;77"-- " / GINA L. GARNER COMM. # 1569561 NOTARY PUBLIC CALIFORNIA (SEAL) +y ORANGE COUNTY 3` coma expires May 17, 2009 l CRRI'IFICA•rE Thc undersigned, as Assistant Secretory. of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNrry COMPANY OF CALIFORNIA, does hereby ceniry that the foregoing Power of Attorney remains in full force and has not been revoked anti furthermore, that the provisions uhhc resolutions of The respective Hoards of Directors orsaid corporations set rorth in the Po+ver ofAttnrney, me in fm0e as of the date of this Certificate. 'rhis Cenificae is executed in the City of mine, California, the 21ST Layer MAY 2008 13y _ / - d4— Albert Hillubmod, Assistant Secretary ID -13%11 (Rev. 12A)5) E El CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 5/21/08 before me, Monica Blaisdell, Notary Date Here ImDA Nerne and Tft9 of the mef personally appeared Philip Vpqq NwW d s erts MONICA BLAISDBLL Commlwlon N 1794070 Notary PUW - Cautomla Orange County 2012 Place Notary seal Aowe who proved to me on the basis of satisfactory evidence to be the parsons whose name() is/jW subscribed to the within instrument and acknowledged to me that he/Wbmexecuted the same in hislWftkauthorized capacity(Wxx and that by his4 NMmjwignature(a)Kon the instrument the person %), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ' ' "e ot+ u "&+'i" agiauealloWyPttft OP77ONAL Though the Information below Is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent remoml and reattachment of Able form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ 'Individual ❑ Corporate Officer—Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Titte(s): ❑ Partner — ❑ Limited q General ❑ Attorney in Fact Top of thumb here D Trustee Top of thumb here ❑ Guardian or Conservator Q Other: Signer Is Representing: 02007NOonal Natm Aeodetlon•e3 l)oSato Ata,P,a Bm2402•ChatswM,CA91 313- 2902•wvwl.NmfflMeNalarygtg Item#5907 F1MLW:Ce0Td1- Free17lN}87 &6827 AMIL A ORD CERTIFICAT OF LIABILITY INSURANCP OPID SH DATE(MWDDM ) NILEA -1 1 05/22/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Incorporated of ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Southern California HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1199 S. Fairway Dr., #101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE IMMlDDflY) LIMITS Industry CA 91789 Phone:909 -468 -2233 Fax:909- 468 -2232 INSURERS AFFORDING COVERAGE NAIL INSURED INSURER James River Insurance Co Nile Advanced Construction, Inc INSURERS <aidm E,1. I(uuianu Covp 10836 INSURER State Co Insurance Fund COMMERCVN.GENERAL LIABILITY 536 EuRowlandmStreet, Suite #A Covina CA 91723 MSLJRERD 02/10/09 INSURER E PREMISES(Eaoccureme) $50,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDMONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (hRAlDDflYI DATE IMMlDDflY) LIMITS REPRESENTATIVES. A ES GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCVN.GENERAL LIABILITY 000218251 02/10/08 02/10/09 X PREMISES(Eaoccureme) $50,000 CLAIMS MADE FXI OCCUR MED EXP APy one person) $5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GERL AGGREGATE L IMIT APPLIES PER PRODUCTS - COMP /OP AGG $2,000,D00 POLICY PRD JECT LOC B X AUTOMOBILE X LLABILITY ANY AUTO BAS338334 10/09/07 10/09/08 COMBINED SINGLE LIMIT (Ea ecci&a) $1,000,000 BODILY INJURY (Per D..) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per acaderYl $ HIRED ALTOS NON -OWNED AUTOS PROPERTY DAMAGE (Pw accldea) $ GARAGE LIABILRY AUTO OAY Y - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY AGG EXCESS)UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR M CLAIMS MADE AGGREGATE $ 8 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X TORY'LIMNS I I ER C EMPLOYERS' LIABILITY ANY - POPGIET:.A?AARNER'EYE -I ITIVe IG BE ISSUED BY CARRIES 01/11/09 01/11/09 EL EACHACOOENT 81,000,000 EL. DISEASE - EA EMPLOYEE OFFICERIMEMEEREXCLUOI,UT $1,000,000 tl yas AL PRO under SPECIAL PRO VISIONS Maw E L DISEASE POI ICY I IMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT SPECIAL PROVISIONS *10 days notice of cancellation provided for non - payment of premium. Job: Mariners Park Rest Room Construction * *See attached Notes for Additional Insured Wording ** CERTIFICATE HOLDER CANCELLATION CITYNEW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF. THE ISSVING INSURER WILL ENDEAVOR TO ML *30 DAYSWRNTEN Public Works Department NONCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL Attn: Shauna Lyn Oyler 3300 Newport Blvd. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, YTS AGENTS OR Newport Beach CA 92663 REPRESENTATIVES. A ES ACORD 25 (ZOD1108) 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25(2001/081 HOLDER ' vAd 1 05/22/010 NOTEPAD : SNA, ile vanced ConatZUCtion,IOC OP D SH DATE Tho city of neoporC }leach, I officers, agents, officials, employees and volunteers are named an Additional insured regarding the General Liability policy per form AP2009US 02 -06 and the Commercial Auto policy per the Commercial Auto Gold Endorsement. insurance is Primary and tioneontributory per form AP2009US 02 -06. 0 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS SECTION II — Who Is An Insured is amended to include any person or organization you are required to include as an additional insured on this policy by written contract or written agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." The insurance provided to the Additional Insured under this endorsement is limited as follows: 1. The person or organization is only an additional insured with respect to liability arising solely out of "your work" or "your product' which is imputed to the Additional Insured. 2 In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement This endorsement shall not increase the Limits of Insurance stated in the Declarations. 3 This insurance does not apply to "bodily injury " or "property damage" arising out of 'your work" or "your product" included in the "products — completed operations hazard" unless you are required to provide such coverage by written contract or written agreement but only for the period of time required by the written contract or written agreement and only for 'bodily injury" or "property damage' that occurs during the policy period arising out of "your work" or "your product" 4 Any coverage provided by this endorsement to an Additional Insured shall be excess over any other valid and collectible insurance available to the Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis 5 Where no coverage shall apply herein for the Named Insured, no coverage or defense shall be afforded to the Additional Insured. 6 This insurance does not apply to "bodily injury" or "property damage" arising out of the sole negligence of the Additional Insured ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2009US 02 -06 Page 1 of 1 El COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II— LIABILITY COVERAGE A.. COVERAGE 1. WHO IS AN INSURED The following is added: d Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization e Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest However, coverage under this provision does not apply: (1) If there is similar insurance or a self - insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization f Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee g Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, ff: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract ", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract' or written agreement; or (b) the permit has been issued to you 2 COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover We do not have to furnish these bonds (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work Includes copyrighted material of Insurance Services Offices Inc with its permission GECA 701 (01107) Page 1 of 3 10/09/2007 9338334 NEUSXDMFU910 INSURED COPY PGDMO60D J16M GCAFPPN 00003832 Page 31 9 SECTION III — PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages b The most we will pay for "loss' in anyone "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident ", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto" c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that Is equal to the amount of the largest deductible shown for any owned "auto' for that coverage However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto' that you hire with a driver 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto'. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto ". If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4_ Coverage Extension 7. Lease Gap Coverage If a long -term leased "auto' is a covered "auto' and the lessor is named as an Additional Insured — Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the `outstanding balance" of the lease "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag Includes copyrighted material of Insurance services Offices Inc with its permission GECA 701 (01107) Page 2 of 3 trmAr"7 8339334 NEUSXDMFC910 INSURED COPY PGDMl180D J16730 GCAFPPN WW3M Page 32 0 0 Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b Equipment designed or used for the detection or location of radar c Any electronic equipment that receives or transmits audio, visual or data signals Exclusion 4 c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered 'auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto "; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's "operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage 9 the glass is repaired rather than replaced SECTION IV, BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b are replaced with: 2 Duties In The Event of Accident, Claim, Suit, or Loss a You must promptly notify us Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit ", or loss Knowledge of an accident, claim, "suit', or loss, by other employees) does not imply you also have such knowledge b To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss The following is added to 5 We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract ", written agreement, or permit B.. GENERAL CONDITIONS 9 is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded However, we have the right to collect additional premium for any such hazard COMMON POLICY CONDITIONS 2.b. is replaced by the following: b 60 days before the effective date of cancellation if we cancel for any other reason Includes copyrighted material of Insurance services offices Inc with its permission GECA 701 (01107) Page 3 of 3 10/09/2007 8338334 NEusXDMW910 INSURED COPY PGOMOBOD J16730 GCAFPPN 00003834 PP 33 0 CISHOLDER COPY SC STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INS, UR AN CS FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 05 -22 -2008 GROUP: POLICY NUMBER: 1880974 -2008 CERTIFICATE 10: 5 CERTIFICATE EXPIRES: 01 -11 -2009 01- 11- 2008/01 -11 -2009 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 4 DATED 05 -14 -2008 CITY OF NEWPORT BEACH SC PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3816 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be Cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. MO1ZZEI REPRESENTATAIJ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - HANA , ADEL PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - GERGES, MARIAM TREASURER - EXCLUDED. ENDORSEMENT #1600 - BARSOUM , SAMIH WILLIAM VICE PRESIDENT SE - EXCLUDED. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2008 -05 -22 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER NILE ADVANCED CONSTRUCTION INC. SC 2820 E GARVEY AVE S STE B WEST COVINA CA 91791 IB10,SGj MEV.2-051 PRINTED : 05 -22 -2008 Fax #: 0 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach Date Received: May 22, 2008 Dept. /Contact Received From: Shama Oyler Date Completed: May 22, 2008 Sent to: Shauna Oyler By: Tara Hemmingsen Company /Person required to have certificate: Nile Advanced Construction, Inc. Dba: Luxor Plumbing I. GENERAL LIABILITY A. INSURANCE COMPANY: James River insurance Co. B. AM BEST RATING (A: VII or greater): A -:VIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $2 Mil agg / $1 Mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must ® Yes ❑ No include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The ® Yes ❑ No City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ® Yes ❑ No included): Is it included? H. CAUTION! (Confirm that loss or liability of the named ❑ Yes ® No insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. IL AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Golden Eagle Insurance Corp. B. AM BEST RATING (A: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $1 Mil o ■� E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ® Yes ❑ No officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A: VII or greater): NOT RATED C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Check A License: Contracto ' License Detail Page 1 of 2 Skip to: CSLB Home I Content I Footer I Accessibility arct Department of Consumer Affairs +�►..: O*G'OV Contractors State U.. 9 ward 111ui1k11 ;1�11l.I�EJ.�!IIII�E�liltllrI�IIiII�iJ, 1, tliktj''j;�.��#kli.lillJ�Elk.11I11`4}i; .1J1iJlllEtld.lt-t �II111�1111'I .y..�. � . � E,.,ILL!„N, I pt . • 1 � �D�l..it6(Olt J�',..I, .� .Ii�LL CSLB Newsroom Board and Committee DISCLAIMER; A license status check provides information taken from the Meetings CSLB license database. Before relying on this information, you should be awa Disaster Information the following limitations. Center http: / /www2. cslb. ca.gov /General - Information /interactive -too Is /check -a -lice nse /Li... 04/2412008 • CSLB complaint disclosure is restricted by law (138P 7124.6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link c Frequently Asked to obtain complaint and/or legal action information. Questions • Per B &P 7071. 7, only construction related civil judgments reported to the CSLB are dis Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto tt Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 847261 Extract Date: 04/24/2( • Check Application Status Business NILE ADVANCED CONSTRUCTION INC • Search for a Surety Bond Information: 1233 WEST GLENMERE STREET Insurance Company WEST COVINA, CA 91790 • Search for a Workers' Business Phone Number: (626) 859 -3900 Compensation Company Entity: Corporation How to Participate Issue Date: 09/21/2004 Expire Date: 09/30/2008 License Status: This license is current and active. All information below should b, reviewed. Classifications: CLASS DESCRIPTION C16 FIRE PROTECTION CONTRACTOR C36 PLUMBING B GENERAL BUILDING CONTRACTOR Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 168749 in the amount $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01101/2007 Contractors Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) ADEL HANA HAN certified that he /she owns 10 percent or more of the voting http: / /www2. cslb. ca.gov /General - Information /interactive -too Is /check -a -lice nse /Li... 04/2412008 Check A License: Contractof License Detail Workers' Compensation: 0 Page 2 of 2 stock/equity of the corporation. A bond of qualifying individual not required. Effective Date: 09/21/2004 2. The Responsible Managing Officer (RMO) SAMIH WILLIAM BARSOUM certified that he /she owns 10 percent or more of t voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 02/23/2005 ...... ........ ... This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1880974 Effective Date: 08/21/2007 Expire Date: 01/11/2009 Work ers'..C.ompensation. History ....... . ...... .......... ............. Personnel listed on this license (current or disassociated) are listed on other licenses. Consumers I Contractors I Applicants I Journeymen I Public Works I Building Officials I General Info CSLB Home I Conditions of Use Privacy I Contact CSLB Copyright © 2007 State of California http: / /www2. cslb. ca. gov /Genera I- Information /interactive - tools /check -a- license /Li... 04/24/2008 California Business Search • 0 Page 1 of 1 DISCLAIMER: The information displayed here is current as of APR 18, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation NILE ADVANCED CONSTRUCTION, INC. Number: C2442353 Date Filed: 7/9/2002 Status: active Jurisdiction: California Address 1233 W. GLENMERE ST, WEST COVINA, CA 91790 Agent for Service of Process NAZIH AZMI SIDHOM 6101 BALL ROAD SUITE 305, CYPRESS, CA 90630 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender', the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler. ss. ca.gov /co rpdata /S howAI ILi st ?QueryCorpN u tuber= C2442353 &pri... 04/24/2008 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3992 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: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE ' Lump Sum Mobilization @ Dollars and Cents $ 441)00..- l Per Lump Sum 2. Lump Sum Restroom Building ' Aaln" Dollars and Cents $ o 'P. -o Per Lump Sum 3. Lump Sum Construct 2 -inch Copper Water @ Dollars ov and z eltr� Cents $ 41 coo � Per Lump Sum 0 PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Relocate Fire Hydrant and Construct 2 -inch Water Service @ Aik Z :W. ,,sa„i „� Dollars and z4R— Cents $ G Per Lump Sum 5. Lump Sum Install 6 -inch VCP Sewer @ 4 / /r�AgA& sdDollars and 74A, Cents Per Lump Sum 6. 1 EA Relocate Tree @,mg Dollars and 2 LRa Cents $ 1 o Per Each 7. Lump Sum Irrigation and Planting @ r. WA 4 _ &,d„Dollars and ZXJ6, Cents $ yavo,?.00 Per Lump Sum 8. Lump Sum 90-day Plant Establishment and Maintenance Period @o �19L. ,./. Dollars and Cents $ o Per Lump Sum 9. Lump Sum As -Built Plans @ 7,,NKSF - ry,;,.Lt ,Aollars and Cents $ j _ u O. � z Per Lump Sum 0 0 PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS 5.0. and zzic, Cents s � S$ 5�f� v0 r9.0dQ coc.oa Total Price (Figures) 46/ 22 Date <6 59- 3ya o AS24) S 59- 3 '70 / Bidder's Telephone and Fax Numbers SlAzw ^ / 4 /-:z/ Bidder's License No(s). and Classification(s) i_ Bidder sG-� V.P _ B e s Authorized Signature and Title Bidder (� Bidder's email address: ,ZZ r • • 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4. 4 ci W PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO. 3992 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.3 Contract Time Accounting 6 -7.4 Working Hours 6 -8 COMPLETION, ACCEPTANCE AND WARRANTY 6 -9 LIQUIDATED DAMAGES 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4. 4 ci W • • 6 -11 EARLY COMPLETION INCENTIVE 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -5 PERMITS 5 7-8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7-8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 7 746 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9-3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 9 PART 2 -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 9 201 -1 PORTLAND CEMENT CONCRETE 9 201 -1.1.2 Concrete Specified by Class 9 201 -2 REINFORCEMENT FOR CONCRETE 9 201 -2.2.1 Reinforcing Steel 9 202-2 CONCRETE BLOCK 9 202 -2.1 Masonry Units 10 202 -2.2.1 Mortar 10 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.1 General 10 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 11 • • 303-4 MASONRY CONSTRUCTION 11 303 -4.1.2 Construction 11 ARCHITECT'S BUILDING TECHNICAL SPECIFICATIONS APPENDIX Geotechnical Report by Leighton Consulting, Inc. Last saved by mlocey03/28/2008 6:51 PM f- users\pbw\sbmvd�cmt acts\l stersVnasters for contact set up\n=er specs index.doc • SPIOF12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MARINERS PARK RESTROOM CONSTRUCTION CONTRACT NO 3992 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5212 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; (5) California Building Code and other applicable Governing Codes. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517 -0970. The following Special Provisions supplement or modify the Standar Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of obtaining no -cost building permits, constructing a new restroom building, all necessary utilities, and surrounding hard - scape, landscaping, constructing 2 -in water service, relocating a fire hydrant, and all other related work as required by the Contract Documents.' 0 • SP 2 OF 12 'SECTION 3-- CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4--- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. ►�;�t�i73)ri SECTION 5--- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover 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. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' 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 construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the 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 schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within sixty (60) consecutive working days, excluding the Plant Establishment and Maintenance Period, after the date on the Notice to Proceed. The City intends to have a pre - construction meeting during the week of June 9 and issue the Notice to Proceed by June 20th, 2008. The Contractor shall be allowed to work on weekends and start preparation work after the pre - construction meeting, pending prior approval by the Engineer. The Contractor shall ensure the availability 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." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 40', SP 4 OF 12 the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24"' (Christmas Eve), December 25' (Christmas), and December 31St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mori ft is a holiday. If January 1St July 4th, November 11th, December 240, December 25 or December 31St falls on a Saturday, the Friday before is a holiday." 6 -7.3 Contract Time Accounting. Weekend work will not be counted against the work days allotted for this project. 6 -7.4 Working Hours. Normal working hours are limited to 8:00 AM to 5:00 PM, Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 PM to 6:30 PM on weekdays or 8:00 AM to 6 PM on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. The Contractor shall not be charged the established $123.90 per hours off -hour inspection fee as long as meaning progress is achieved, as determined by the Engineer. 6-8. COMPLETION, ACCEPTANCE AND WARRANTY. Add to this section: "Upon the completion of the work, thoroughly clean interior of the Project area, including fixtures, equipment, walls, floors, and hardware. Remove dust, dirt, paint, and other finishes and stains. Thoroughly clean accumulated debris from sills, ledges, horizontal projections, steps, rails, and other surfaces. Clean and polish natural metals. 1. Utilize sweeping compound to minimize dust. 2. Remove grease, mastic, adhesives, fingerprints, labels, and other foreign materials from sight - exposed interior and exterior surfaces." 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per 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. SP5OF12 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, school, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 EARLY COMPLETION INCENTIVE. Add to this Section: "The Contractor will be eligible for an early completion incentive of $1,000 per each working day (Monday - Fridays) when the restroom construction work is completed before August 29, 2008. A maximum $15,000 total early completion incentive could be granted for this Project. The term 'Restroom Construction" includes all building punch -list items." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7-5 PERMITS Replace this section with "This project is 'permit - ready' (Plan Check #2557 - 2007). The Contractor shall obtain building permit from the City of Newport Beach Building Department. City of Newport Beach building permit and inspection fees will be waived." 7-8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from entering into any catch basin, or overflow onto nearby roadways or gutters. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at hftp://www.city.newport-beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. 11 L SP 6 OF 12 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP shall be approved by the Engineer prior to any work. The City of Newport Beach 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 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to the park near the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to those whose access will be impacted by construction operation. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may be stored in the Mariners Park's parking lot along Dover Drive between Irvine Avenue and Mariners Drive. If a different site is desired, 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, at any site, 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 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "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, and 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. • 0 SP 7 OF 12 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 7 -10 -7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction and staging area. The written notices will be prepared by the City, but shall be distributed by the Contractor. 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. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Building Contractor "B" License. Either the Contractor or its Sub - contractor shall possess a General Engineering "A" License for the work of the fire hydrant relocation. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS -BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, 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 bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 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. SECTION 9-- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid 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 • • SP8OF12 separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No.1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan, construction schedule, traffic control, temporary fencing, and all other related work as required by the Contract Documents. Item No. 2 Restroom Building: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for constructing the restroom building as detailed in the Contract Documents, in accordance with the manufacturers' specifications, these Special Provisions, and the Building Department technical and inspection requirements. This item also includes, but is not limited to, surveying, perimeter PCC walk and ramp, plumbing, electrical, mechanical, restroom accessories, and all other work items as required to complete a fully functional restroom building, approved by the City building inspectors. Item No. 3 Install 24nch Copper Water Line: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for the installation of 2 -inch water behind the relocated Water meter, and a back flow prevention device including the PCC pad as detailed in the Contract Documents, in accordance with the manufacturers' specifications and these Special Provisions. This item also includes, but is not limited to, excavation, sub -grade preparation, backfill, compaction, landscape restoration, and all other work items as required to complete the work in place. Item No. 4 Relocate Fire Hydrant and Construct 2 -inch Water Service: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for relocation of the Fire Hydrant, installation of 2 -inch water service and the removal of the existing 1 -inch water service detailed in the Contract Documents, in accordance with the manufacturers' specifications and these Special Provisions. This item also includes, but is not limited to, excavation, sub -grade preparation, backfill, compaction, reconstructing PCC curb, sidewalk, striping, and AC pavement to match existing structural section, and all other work items as required to complete the work in place. A general Engineering Contractor "A" License is required for this work. Item No. 5 Install 6 -in VCP Sewer: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for the installation of 6 -inch sewer as detailed in the Contract Documents, in accordance with the manufacturers' specifications and these Special Provisions. This item also includes, but is not limited to, excavation, sub -grade preparation, backfill, compaction, sewer cleanouts, landscape restoration, and all other work items as required to complete the work in place. Item No. 6 Relocate Tree: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for the tree relocation as shown 0 0 SP9OF12 in the Contract Documents. The new location shall be in the park and determined by the City. This item also includes, but is not limited to, backfill, compaction, landscape restoration, and all other work items as required to complete the work in place. Item No. 7 Irrigation and Planting: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for the construction of planting and irrigation system as detailed in the Contract Documents, in accordance with the manufacturers' specifications and these Special Provisions. This item also includes, but is not limited to, excavation, sub -grade preparation, backfll, compaction, landscape restoration, and all other work items as required to complete the work in place. Item No. 8 90-day Plant Establishment and Maintenance Period: Work under this item shall include the maintenance of all plantings, weeding, irrigation, fertilization, replacement of dying plantings for a period of 90 consecutive calendar days, and all other work necessary for the plant establishment and maintenance complete and in place. Item No. 9 As -built Plans: Work under this item shall include all necessary actions to provide "as- built" construction drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 202 -2 CONCRETE BLOCK. • • SP 10 OF 12 202 -2.1 Masonry Units. Add to this section: "Provide concrete masonry units as required for random ashlar layout, consisting of approximately 30% 8 "H x 16 "L units, 20% 4 "H x 16 "L units, 20% 4 "H x 16 "L units, 20% 8 "H x 8 "L units, 20% 4 "H x 8 "L units, thickness as shown on plans. Concrete masonry units shall be splitface on all exterior walls in compliance with ASTM C90, Grade N, Type I, modular and match the existing park restroom buildings located at Bonita Sports Park. Split face on exterior walls. Refer to the plans for colors ". 202 -2.2.1 Mortar. Change this section to read: "Type S Mortar: 1 part Portland cement, 4 parts sand, 114 minimum to 1/2 maximum part hydrated Type S lime. Provide minimum ultimate compressive strength of 1,500 psi. Mortar shall be color matched to block and pre - blended for consistency." PART 3 CONSTRUCTION METHODS SECTION 300 -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.1 General (delete the first sentence and replace with the following) "This section shall govern the preparation of natural, filled or excavated building pads and pavement area material prior to placement of sub -base or base material, pavement, sidewalks or other such facilities as called for the plans and Specifications. All grading and site preparation shall conform to the Geotechnical report that is located in the appendix. Prior to construction, the site should be cleared of topsoil, vegetation, trash, and debris, which should be disposed of offske. Efforts should be made to locate any existing or abandoned utility lines in the area. Those lines should be removed or rerouted if they interfere with the proposed construction, and the resulting cavities should be properly backfilled and compacted. To reduce the potential for adverse differential settlement of the proposed improvements, the existing fill shall be removed and re- compacted within the improvement area. The depth of removal is anticipated to be 2 to 3 feet. Local areas may require deeper excavations to remove the fill and unsuitable soil. The over - excavation and re- compaction should extend laterally to a minimum of 3 feet beyond the improvement area, wherever possible. Protect adjacent existing trees. Exposed sub -grade soil surfaces, including all excavation or removal bottoms, should be observed by the geotechnical consultant's representative prior to placement of fill or other improvements to verify that suitable soil is exposed. Sub -grade surfaces suitable for fill placement or other improvements should be scarified to a depth of 6 inches, moisture - conditioned to 2 to 3 percent above optimum - moisture content and compacted • • SP 11 OF 12 to a minimum of 90 percent of the ASTM Test Method D1557 laboratory maximum density. The onsite soil, free of topsoil, vegetation, organic material, cobbles, boulders, rubble or rock 6 inches or larger, is suitable to be used as compacted fill. Import soil should be evaluated and tested by the geotechnical consultant before importing. All fill soil should be placed in thin, loose lifts, moisture - conditioned, as necessary, to 2 to 3 percent above optimum moisture content, and compacted to minimum of 90 percent as determined by ASTM Test Method D1557. Aggregate base should be compacted to a minimum of 95 percent relative compaction" 300 -1.3 Removal and Disposal of Materials Add to this Section: "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 provided upon request or be found on the City's website at: http: //vww. city. newport- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1% inch" of the last sentence with the words 'two (2) inches ". 3004.5 Solid Waste Diversion. 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 on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 3034 MASONRY CONSTRUCTION 303 -4.1.2 Construction. Add the following: Lay masonry in straight courses in random ashlar pattern. Faces of masonry units shall be all in one plane. Make horizontal and vertical mortar joints 3/8" thick. Carry courses up at same level at wall intersections and comers, or slope back. No toothed joints permitted. Cut units with masonry saw. Clean concrete surfaces receiving first course of masonry by removing entire surface of concrete, exposing clean aggregate. Tops of walls not covered shall be filled with grout, coped and trowelled smooth. Lay masonry surface dry. SP 12 OF 12 The Contractor shall fully comply with the following ARCHITECT'S TECHNICAL SPECIFICATIONS which augment, but are not referenced to, sections of the Standard Specifications for Public Works Construction. F:\UsersWBWlSharedlContracts\F! 07-08\Madners Park Restroan C- 39921SPECS C3992.doc Last saved by Man, 03/2812008 6:45 PM 0 0 TABLE OF CONTENTS BUILDING TECHNICAL SPECIFICATIONS Pages DIVISION 01— GENERAL REQUIREMENTS REFER TO THE SPECIAL PROVISIONS DIVISION 02 — SITEWORK REFER TO THE SPECIAL PROVISIONS DIVISION 03 — CONCRETE REFER TO THE SPECIAL PROVISIONS DIVISION 04 — MASONRY REFER TO THE SPECIAL PROVISIONS DIVISION 05 - METALS 05500 MISCELLANEOUS METAL FABRICATIONS DIVISION 06 - CARPENTRY 06100 ROUGH CARPENTRY 3 06200 FINISH CARPENTRY 2 DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07192 LAMINATED VAPOR BARRIER 1 07322 CONCRETE TILE ROOFING 2 07600 SHEET METAL 2 07900 CAULKS AND SEALANTS 2 DIVISION 08 - DOORS AND WINDOWS 08100 STEEL DOORS AND FRAMES 2 08710 FINISH HARDWARE 5 DIVISION 09 - FINISHES 09310 CERAMIC TILE 3 09815 ANTI GRAFFITI COATINGS 3 09870 SANDBLASTED FINISHES 1 09900 PAINTING 6 09965 ANTI GRAFFITI COATING 3 DIVISION 10 - SPECIALTIES 10160 SOLID PHENOLIC TOILET DOORS 2 10410 SIGNAGE 1 10601 MESH PARTITIONS 2 10800 TOILET AND BATH ACCESSORIES 2 10999 MISCELLANEOUS SPECIALTIES & EQUIPMENT 2 Mariners Park Reshv m INDEX-1 0 0 DIVISION 11, 12,13, & 14 ARE NOT USED DIVISION 15 - MECHANICAL 15400 PLUMBING DIVISION 16 - ELECTRICAL 16010 ELECTRICAL FAW010110wi GEO TEC REPORT 11 m Mainers ParkRestmom INDEX-2 0 0 SECTION 05500 - MISCELLANEOUS METAL FABRICATIONS PAR171- GENERAL 1.01 DESCRIPTION A. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. B. Related Work Specified Elsewhere: Structural steel, mesh panels, finish painting, and substrates to which fabrications are to be attached or embedded. C. Description of System: Provide miscellaneous metal fabrications such as angles, plates, chain link fence partition, gates and espalier grid. 1.02 QUALITY ASSURANCE A. Codes and Standards: Provide materials complying with the following standards and industry recommendations: ASTM A36, A47, A48, A53, A108, A283, A296, A306, A312, A314, A366, A475, A512, A525, A526, A554, A569, B108, B209,13221, SSPC, NAAMM, and AA. B. Refer to Sections 206 -6 & 304 of the standard specifications for public works construction. 1.03 SUBMITTALS A. Submit fabrication shop drawings on all items to be provided. Where other than mill finishes are specified, provide samples of required finish which will be reviewed for color, texture, style, and finish. PART 2- PRODUCTS 2.01 MISCELLANEOUS METAL ITEMS: Manufacture or fabricate items of sizes, shapes and dimension required. Furnish steel washers. Hot dip galvanize all metal work after fabrication unless otherwise indicated. All projections, barbs, and icicles shall be removed after galvanizing. A. Fabricate miscellaneous units to sizes, shapes and profiles shown or, if not shown, of required dimensions to receive adjacent other work to be retained by framing. Except as otherwise shown, fabricate from structural steel shapes and plates and steel bars, of welded construction using mitered joints for field connection. Cut, drill and tap units to receive hardware and similar items. B. Equip units with integrally welded anchor straps for casting into poured concrete wherever required. Furnish inserts if units must be installed after concrete is placed. Except as otherwise shown, space anchors 24 "o.c. and provide minimum anchor units of 1 -1 /4" x 1/4" X 8" steel straps. PART 3 - EXECUTION 3.01 Fabrication: A. Verify actual field dimensions prior to any fabrication. B. Fabricate items with joints neatly fitted and properly secured. Mariners Park Restroom SECTION 05500 - MISCELLANEOUS METAL FABRICATIONS -1 • • C. Fit and shop assemble in largest practical sections for delivery to site. D. Grind exposed welds smooth and flush with adjacent finished surfaces. E. Exposed mechanical fastenings: flush countersunk screws or trim back bolts, consistent with design of structure, except where specifically noted otherwise. F. Make exposed joints flush butt type hair -line joints where mechanically fastened. G. Steel Pipe: Fabricate standard weight Schedule 40 pipe to dimensions and details shown, with smooth bends and welded joints ground smooth and flush. All radius shall be made with a mandrel or be preformed, assuring a smooth transition without any deformations. Where details are not shown, use 1 -1 / 4" I.D. steel pipe. H. Supply components required for proper anchorage of metal fabrications. Fabricate anchorage and related components of same material and finish as metal fabrication, unless otherwise specified or shown. I. Thoroughly clean surfaces of rust, scale, grease and foreign matter prior to prime painting and galvanizing. J. Hot dip galvanize all miscellaneous metal fabrications exposed to view, (interior and exterior) and prime paint all other items. Do not shop prime surfaces in direct contact with concrete or other cementitious materials, or requiring field welding. Shop prime in two coats. Provide aluminum G60 galvanized coating where galvanizing is required. 1. ASTM A123 for galvanizing rolled, pressed and forged steel shapes, plates, bars and strip 1/ 8" thick and heavier. 2. ASTM A386 for galvanizing assembled steel products. Do galvanizing after fabrication with work assembled in as large sections as can be handled. 3. ASTM A153 for galvanizing iron and steel hardware. 4. Hot dip galvanize all exterior ferrous metal work after fabrication. K. Shop Painting: Shop paint miscellaneous metal work, except members or portions of members to be embedded in concrete or masonry, surfaces and edges to be field welded, and galvanized surfaces, unless otherwise specified. 1. Remove scale, rust and other deleterious materials before applying shop coat. Clean off heavy rust and loose mill scale in accordance with SSPC SP -3 "Power Tool Cleaning ". 2. Remove oil, grease and similar contaminants in accordance with SSPC SP -1 "Solvent Cleaning ". 3. Immediately after surface preparation, brush or spray on primer in accordance with manufacturer's instructions, and at a rate to provide uniform dry film thickness of 2.0 mils for each coat. Use painting methods which will result in full coverage of joints, corners, edges and exposed surfaces. 4. Apply one shop coat to fabricated metal items, except apply 2 coats of paint to surfaces inaccessible after assembly or erection. Change color of second coat to distinguish it from the fast. 3.02 Obtain approval of Engineer prior to site cutting or making adjustments which are not part of intended work or are not shown on shop drawings. Mariners Park Restroom SECTION 05500 - MISCELLANEOUS METAL FABRICATIONS - 2 0 0 3.03 Install items square and level, accurately fitted and free from distortion and defects. 3.04 Make provisions for erection stresses by temporary bracing. Keep work in alignment. 3.05 Replace items damaged during installation. 3.06 Perform field welding in accordance with AWS D1.1. 3.07 After installation, touch -up field welds and scratched and damaged paint, or mated surfaces. Use primer consistent with shop finish. 3.08 Supply and assist with setting all items requiring to be cast into concrete, or embedded in masonry, complete with necessary setting templates. 3.09 Install the chain link partition full height floor to the ceiling. END OF SECTION Mariners Park Restroom SECTION 05500 - MISCELLANEOUS METAL FABRICATIONS - 3 0 • SECTION 06100 - ROUGH CARPENTRY PART 1- GENERAL 1.01 DESCRIPTION A. All work and materials shall conform to the provisions of the "Standard Specifications for Public Works Construction ", latest edition (Green book) shall apply, except as modified herein. A. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. B. Related Work Specified Elsewhere: Finish hardware, millwork and other finish carpentry. C. Description of System: Roof Framing systems, plywood, miscellaneous blocking and rough hardware, and miscellaneous metal connections. 1.02 QUALITY ASSURANCE A. Provide lumber with visible grade stamp of an approved agency certified by NFPA. Ensure glue laminated members are certified by AITC. B. Reference Standards: 1. PS 20 - American Softwood Lumber Standard. 2. NFPA - National Forest Products Association, National Design Specifications for Stress Grade Lumber and Its Fastening. 3. West Coast Lumber Inspection Bureau (WCLIB), Number 16 - Standard Grading and Dressing Rules for West Coast Lumber. C. Requirements of Regulatory Agencies: Comply with UBC, Chapter 25. D. Decay and Termite Protection: Foundation plates and sills on concrete or adjacent to masonry. Treated wood shall comply with American Wood Preserver's Association Specification P5-65 and C1-65. Treat with chromated zinc chloride or "Wolman Salts ". Apply 0.35 lb. of preservative per cubic foot of wood. Coat lumber surfaces cut after treatment by dipping or brushing with preservative identical to original type used. 1.03 PRODUCT DELIVERY, STORAGE AND HANDLING A. Deliver and store materials at job site in a safe area, out of traffic and shored up off ground surface. B. Identify framing lumber by grades and store grades separately from each other. C. Protect products with adequate waterproofing. D. Exercise care in off - loading lumber to prevent damages, splitting and breaking. Mariners Park Restroorn SECTION 06100 — ROUGH CARPENTRY - 1 0 0 1.01 SEASONING A. Deliver materials at earliest date possible to allow maximum drying time on site. B. Pile and strip lumber at site to allow free circulation of air with pile protected from sun and moisture. C. Air - season all lumber for as long as possible (60 days preferable) near jobsite before covering with finish materials. PART 2 — PRODUCTS 2.01 LUMBER A. Refer to plans for wood grades and species - otherwise - Blocking, Backing, and Furring: standard grade, Douglas fir. B. Water -borne Preservating: Copperized chromated zinc chloride TT- W- 00562, or Wolman CCASalts, TT -W -500 and TT-W -535. C. Plywood Siding — T -1115 / 8" DF APA 303.oc (clear) with grooves at 4" centers. 2.02 ACCESSORY MATERIALS A. Nails, Spikes, and Staples: Common, except as otherwise indicated, hot dipped galvanized. B. Steel hardware and stock framing connectors: ASTM A36 steel, galvanized. Tobin Steel, Simpson, KC Metals, or other approved manufacturer. C. Lag Bolts: FS FF -B -561. Machine Bolts: ASTM A307, hot dip galvanized. D. Wood Preservation: Wolmanizing treatment at least two weeks prior to delivery to site. PART 3 — EXECUTION 3.01 SELECTION OF LUMBER A. Carefully select all members. B. Cut out and discard defects which will render a piece unable to serve its intended function. Lumber may be rejected by Engineer, whether or not it has been installed, for excessive warp, twist, bow, crook, mildew, fungus, or mold, as well as for improper cutting and fitting. 3.02 PLYWOOD PLACEMENT A. Place all plywood with face grain perpendicular to supports and continuously over at least two supports, except where otherwise detailed. B. Center joints accurately over support unless otherwise shown on drawings. C. Protect plywood from moisture and construction damage until succeeding component or materials are installed to cover plywood. Failure to do so will require the Contractor to install an additional layer of 1/ 2" underlayment at his own cost. Mariners Park Restroom SECTION 06100 — ROUGH CARPENTRY - 2 0 0 3.03 FASTENING A. Use only common wire nails or spikes of dimensions required. B. For conditions not covered on drawings, provide penetration into piece receiving point not less than 1/ 2 length of nail or spike, provided that 16d nails may be used to connect two pieces of two inch thickness. C. For bolts, drill holes 1/32 inch larger in diameter than bolts being used. Drill straight and true from one side only. D. Bolt threads shall not bear on wood. Use washers under head and nut where both bear on wood. Use washers under all nuts. E. For lag screws, and wood screws, pre -bore holes same diameter as root of threads; enlarge holes for shank diameter for length of shank. F. Screw, do not drive, all lag screws and wood screws. END OF SECTION Mariners Park Restroom SECTION 06100 — ROUGH CARPENTRY - 3 0 0 SECTION 06200 - FINISH CARPENTRY PART1- GENERAL 1.01 DESCRIPTION A. All work and materials shall conform to the provisions of the "Standard Specifications for Public Works Construction", latest edition (Green book) shall apply, except as modified herein. A. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. B. Related Work Specified Elsewhere: Finish hardware, rough carpentry, and miscellaneous specialties. C. Description of System: Installation of finish hardware, miscellaneous specialties, and wood trim as required. PART 2— PRODUCTS 2.01 FINISH LUMBER A. PS 20; graded in accordance with NFPA Grading Rules; as scheduled with a maximum moisture content of 10 percent for interior work, 18 percent for exterior work. PART 3 — EXECUTION 3.01 SELECTION OF LUMBER A. Refer to plans for wood grades, type and species. Carefully select all members. Select members so that defects will not interfere with proper nailing or making proper connections, and not impair achievement of proper finished appearances where to be exposed. 3.02 GENERAL FABRICATION A. Manufacture, mill, fabricate, assemble and finish all millwork by skilled mechanics, using approved standard methods of manufacture and workmanship. B. Ensure that moldings and trims are true to detail, clean and sharply defined. Kerf or back out flat members to prevent warping. C. Conceal means of fastening where other than glue joinery is employed. Use fine casing nails, carefully set without hammer marks. D. Countersink without impact, counterbore and carefully plug with wood of same kind and color as surrounding surfaces in exposed locations. E. Scribe all interior wood finish and other millwork neatly and accurately in place, maintaining flush width end members where possible. Apply all trim in full lengths without piecing. Bevel joints at 45 degrees to face of mold. Miter all exterior angles and cope interior angles. Mariners Park Restroom SECTION 06200 — FINISH CARPENTRY -1 3.03 INSTALLATION OF MISCELLANEOUS SPECIALTIES AND FINISH HARDWARE A. Installer must examine conditions under which all items to be installed. Notify contractor in writing of conditions detrimental to the proper and timely completion of the work Do not proceed until unsatisfactory conditions have been corrected. B. Install in strict accordance with manufacturer's printed instructions. Install true, plumb, and level, securely and rigidly anchored to substrate with tamper -proof concealed stainless steel fasteners. C. Protect adjacent or adjoining finished surfaces and work from damage during installation of work in this section. END OF SECTION Mariners Park Restroom SECTION 06200 — FINISH CARPENTRY -2 0 0 SECTION 07192 - LAMINATED VAPOR BARRIER PART 1- GENERAL 1.01 DESCRIPTION A. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. A. Work Included in this Section: Provide vapor barrier membrane systems on grade. 1.02GUARANTEE A. Provide two year unconditional written guarantee against defects of materials and workmanship which allows water or moisture into areas of the structure which were to be protected by this membrane. Pay for costs of repairing or replacing the defective membrane, as well as all costs of exposing and recovering membrane, and consequential damages to persons and property resultant of defective materials or workmanship. PART 2 - PRODUCTS 2.01 ON -GRADE A. Provide two ply cross laminated high density polyethylene Rufco #400, as manufactured by Raven Industries (800) 227 - 2836,15 mil "Soco-Shield —VB -15 coextruded polyolefin film. As distributed by Camp Sales 760 - 941 -2453 or equal. PART 3 - EXECUTION 3.01 Install over 2" clean sand bed - overlap 6' and seal with caulking or pressure sensitive tape as recommended by manufacturer. Protect during construction. END OF SECTION Mariners Park Restroom SECTION 07192 — LAMINATED VAPOR BARRIER -1 0 0 SECTION 07322 - CONCRETE TILE ROOFING PART1- GENERAL 1.01 DESCRIPTION A. All work and materials shall conform to the provisions of the "Standard Specifications for Public Works Construction", latest edition (Green book) shall apply, except as modified herein. B. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. C. Description of System: Furnish and install all roofing, roof flashing necessary to complete the project. 1.02 QUALITY ASSURANCE A. Materials specified herein are minimum; manufacturer's specifications for lesser quantities, qualities or change in roofing assemblies will not be accepted. 1.03 PROTECTION A. Protect roofing materials from damage by elements, moisture, or foreign matter during storage and installation. Remove unsuitable stored from job. 1.04 SUBMITTAL A. Provide 6 copies of manufacturers current descriptive literature and 6 samples of brown roof the as selected from manufacturer's color chart. B. Provide a minimum of 20 tiles and 5 ridge caps to the Engineer upon the completion of the project 1.05 GUARANTEE A. Two-year written guaranteed watertight roofing is required. PART 2 - PRODUCTS 2.01 UNDERLAYMENT FELT A. No. 30 asphalt saturated base felt; ASTM D2626, Type I; UBC Std. 32 -1. 2.02 WOOD NAILERS A. Pressure treated Douglas Fir. 2.03 PLASTIC CEMENT A. Asphalt, FS- SS -C153, Type I. Mariners Park Restroom SECTION 07322 — CONCRETE ROOFING -1 0 0 2.04 FASTENERS A. Hot -dip galvanized domestic nails, (electroplated nails not acceptable). Length to suit requirements. 2.05 ROOFING TILE A. Cement tile; Monier — Lifetile "Slate" #7973 to match the existing park restroom buildings. Rake and hip tile shall match field tile color and texture. 300 lb. minimum breaking test. Color to be selected from manufacturer's standard colors. 2.06 CEMENT MORTAR A. Color to match tile, comply with material requirements of Special Provisions 2.07 FLASHING A. Sheet Metal: Fabricate Valley, cricket, edge flashing and all other roof related sheet metal items from minimum 16 oz. Copper, unless noted otherwise. PART 3 - EXECUTION 3.01 UNDERLAYMENT A. Lay horizontally with 3" side laps and 6" end laps. Seal laps with asphalt plastic cement. Nail sufficiently to hold in place. 3.02 WOOD NATLERS A. Install wood nailers at hips and rakes prior to placing underlayment. Anchor with galvanized nails. Take precaution to avoid nails penetrating through the exposed decking. 3.03 ROOF TILE PLACEMENT A. Place tile in spaced rows with approximately 14 -inch exposure and nail each tile with galvanized nails into roof sheathing. Nails to penetrate into sheathing not less than one inch. 3.04 MORTAR A. Mortar -in tiles butting into walls. Each the shall be set in generous bed of mortar. Wet tile prior to setting into mortar or applying mortar thereto. 3.05 CUTTING TILE A. Make all cuts neat with saws. Do not break tile, leaving uneven edges. 3.06 CLEAN -UP A. Remove broken or cut tile from premises, leaving roof and work areas neat and clean. END OF SECTION Mariners Park Restroorn SECTION 07322 — CONCRETE ROOFING - 2 SECTION 07600 - SHEET METAL PART1- GENERAL 1.01 DESCRIPTION A. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. B. Related Work Specified Elsewhere: 1. Roofing and roof related flashing. C. Description of System: Provide all non roof- related flashings, munterflashings, access doors. 1.02 QUALITY ASSURANCE A. Perform all sheet metal work, including fabrications, in strict accordance with Sheet Metal and Air Conditioning Contractors National Association (SMACNA) Engineerural Manual. 1.03 SUBMITTALS A. Submit copies of standard details covering all sheet metal conditions and fabrications to be necessary on. the project. Where standard details do not exist, prepare and deliver such details to the Engineer. 1.04 GUARANTEE A. Protect products and accessories against damage. B. Flashing system, including framing, caulking, windows, shall operate as a harmonious assembly providing a water -tight installation. Ensure the watertightness of the completed installation under a five year guarantee. PART 2 - PRODUCTS 2.01 MATERIALS A. Prefabricated Items: Where prefabricated sheet metal items are available and are exactly as required for the installation, they may be used. These items are to be manufactured by Construction Specialties, KC Metals, Fry or other approved. B. Access Doors and Vents: Provide galvanized units appropriate for the installation conditions, prime painted, manufactured by hiyco, or other approved. C. Fasteners and Clips: Provide as required and appropriate for the materials being fastened. Where fasteners and clips may be exposed to outside weather conditions, provide stainless steel type. Mariners Park Restroom SECTION 07600 — SHEET METAL - I 0 0 PART 3 - EXECUTION 3.01 INSTALLATION: Install all materials in accordance with good trade practices and in accordance with the SMACNA Engineers Manual. Accurately form all sheet metal to the dimensions and shapes required. Finish with true, straight sharp lines and angles. Cope at intersections to a precise fit and securely solder, braze or weld according to the best practices for the material. Solder joints slowly, with full flowing solder and make neat, as thin as consistent for the joints so formed. Reinforce as required. Hem all exposed edges of metal work 1/2 ". 3.02 Sheet Metal Features and related work are not necessarily individually described. The descriptions of sheet metal work following usually includes the most important parts and those requiring detail. Provide other work as indicated or necessary. 3.03 INSTALLATION / APPLICATION /PERFORMANCE A. Flash around all exterior openings in the building where other waterproofing methods are insufficient. 3.04 DRIPS: Provide at door heads, top of window walls, and elsewhere as shown or required. Provide miscellaneous flashings as shown and required to complete entire project. 3.05 Conceal fastenings as much as possible. Build in expansion and contraction joints where necessary. Seal laps in Hydroseal, or other approved. 3.06 Immediately following installation of sheet metal work, touch -up areas where primer has been removed during installation operations and where soldering has occurred. END OF SECTION Mariners Park Restroom SECTION 07600 — SHEET METAL - 2 0 0 SECTION 07900 - CAULKS AND SEALANTS PART I- GENERAL 1.01 DESCRIPTION A. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. B. Related Work Specified Elsewhere: Glass and glazing, and sealants used in conjunction with concrete flatwork. C. Description of System: Furnish and install caulking as indicated and specified, complete. Principal item of work is caulking of openings and joints indicated, as well as expansion joints in ceramic tile, specified and required to make entire building weather and watertight. This section contains general specifications for caulldng throughout the project. 1.02 QUALITY ASSURANCE A. Provide an installation in strict compliance with Title 24 requirements. B. Install ceramic file expansion joints in accordance with TCA Handbook - EJ171. 1.03 PRODUCT DELIVERY, STORAGE AND HANDLING A. Deliver sealant and caulking compound in unopened factory- labeled containers, labels bearing statement of conformance to standards specified for each material. 1.04 GUARANTEE A. Furnish a written guarantee for a period of five years from date of final acceptance covering exterior sealant work for watertightness of the system. PART 2- PRODUCTS 2.01 MATERIALS A. Provide acrylic or terpolymer acrylic base, chemical curing, self- leveling type, urethane at ceramic tile (with a hardness of 35 or greater) non- sagging, uniform, homogeneous and free from lumps, capable of being continuously immersed in water, withstand movement up to 12.5 percent of joint width, and satisfactorily gunnable at 70 degrees F., non - staining and non- bleeding, in colors matching adjacent surfaces or as selected by the Engineer. No extra cost to City will be allowed for special colors selected ASTMC 920. B. Acceptable products are Mono manufactured by Tremco, and One Part Acrylic Sealant manufactured by DAP, and Geoseal Products. C. Where required, provide acoustical sealants manufactured by USG or other approved; highly resilient, permanently flexible, and shrink and stain resistant. Mariners Park Restroom SECTION 07900 - CAULKS AND SEALANTS -1 0 0 D. Back -up strip shall be a flexible and compressible type of closed -cell foam polyethylene, butyl rubber, or open cell and closed cell polyurethane, rounded at surface to contact sealant. PART 3 - EXECUTION 3.01 Verify colors with Engineer, apply and install sealant where shown on drawings, apply and install sealant materials wherever expansion and contraction occurs between materials and products which could lead to infiltration of moisture, water, light, or air blown particles into building; and within building where changes of materials in same or different planes could allow moisture, water, air, or light to penetrate. 3.02 Provide acoustical sealants on, around and between building construction members such as framing, panel boxes, cutouts for penetrations of other materials or equipment, etc., where walls and floors are designed to be sound attenuated or acoustically treated. 3.03 Minimum State Standards include fully caulking or weatherstripping the building envelope at the following openings: Doors and windows (including skylights) between conditioned and unconditioned spaces; exterior joints around windows and door frames; between wall sill plates and floors, and between exterior wall panels; penetrations in walls, ceilings, and floors for plumbing, electricity, and gas lines; openings in attic floors; all other openings in the building envelope. 3.04 Apply compounds strictly in accordance with manufacturer's instructions and supervision. Caulk joints before adjacent surfaces are waterproofed or painted. Apply caulking compounds to a clean, dry surface free from grease, oil, wax or other foreign matter tending to destroy or impair adhesion. Clean and prime in accordance with compound manufacturer's instructions. Carefully protect adjoining surfaces from staining. Immediately remove any material on surfaces not to receive caulking and restore the finish as required. 3.05 Protect all work from damage until dry. END OF SECTION Mariners Park Restroom SECTION 07900 - CAULKS AND SEALANTS - 2 0 0 SECTION 08100 - STEEL DOORS AND FRAMES PART1- GENERAL 1.01 DESCRIPTION A. All work and materials shall conform to the provisions of the "Standard Specifications for Public Works Construction ", latest edition (Green book) shall apply, except as modified herein. B. The general provisions of the contract, including general conditions and general requirements, apply to the work specified in this section. C. Description of System: Furnish materials and perform labor required to execute this work as indicated on the drawings, as specified, and as necessary to complete the contract, including, but not limited to, these major items: 1. Furnish stock hollow metal doors and frames manufactured by a single firm specializing in the production of this type of work. 1.02 QUALITY ASSURANCE A. Follow Steel Door Institute (SDI) recommendations for materials and installation procedures. Manufactured units must be labeled and certified according to Section 2,5304, Table 2 -53S, Standards for Doors and Windows of Title 24. 1.03 MANUFACTURERS: Manufacturers offering products to comply with the requirements for stock hollow metal frames include the following: A. AMWELD B. REPUBLIC STEEL CORP. C. STEELCRAFT MFG. CO. 1.04 SUBMITTALS: A. Manufacturer's Data: For information only, submit two (2) copies of manufacturers specifications for fabrication and shop painting, and installation instructions. Indicate by transmittal form that one copy of instructions has been distributed to the installer. B. Shop Drawings: Submit in accordance with General Conditions. Submit six (6) copies for review and approval. Show fabrication, erection of hollow metal work and location in building. Include installation requirements of finish hardware including reinforcements. Show details of joints and connections. Show anchorages and accessory items. PART 2 - PRODUCTS 2.01 MATERIALS A. Hot-rolled Steel Sheets and Strip: Commercial quality carbon steel, pickled and oiled, complying with ASTM A -568 and ASTM A -569. B. Cold -rolled Steel Sheets: Commercial quality carbon steel, Type E, matte finish, complying with ASTM A -366 and ASTM A -568. C. Louvers, Inserts, Bolts and Fasteners: Provide manufacturer's standard units. Mariners Park Restroom SECTION 08100 — STEEL DOORS & FRAMES -1 0 • D Fabrication, General: Fabricate hollow metal units to be rigid, neat in appearance and free from defects, accurately formed to the required sizes and profiles. Dress all welded joints on exposed surfaces flush and smooth to be invisible when prime painted. Use of metallic filler to conceal manufacturing defects is not acceptable. E. Finish Hardware Preparation. Prepare hollow metal units at manufacturer's plant to receive mortise and concealed finish hardware, including cut outs, reinforcing, drilling and tapping. Comply with applicable requirements of ANS A115 "Specifications for Door and Frame Preparation ". Prepare for other mortised and concealed finish hardware to the templates of the manufacturer of each finish hardware item required in the work. F. G -60 galvanize doors and frames after fabrication and apply powder coat "Interpon D2000" - Redwood 2.02 STOCK HOLLOW METAL FRAMES: Provide 16 gage stock hollow metal frames for doors and other openings, as shown on drawings. Conceal all fastenings. Countersink exposed screws using Phillips flat -head screws. Fire rated where required. A. Rubber Door Silencers: Drill stops to receive 2 silencers on strike jambs of single -swing frames and 4 silencers on heads of double - swing frames. Install plastic plugs to keep holes clear during construction. 2.03 HOLLOW METAL DOORS: Sixteen (16) gauge - comply with SDI -100 for materials, quality and construction details. Unit welded construction. Mortise and reinforce doors for hardware. Provide 9 gauge reinforcing for butts, 12 gauge for locksets and all surface applied hardware. Drill and tap in accordance with templates furnished by Finish Hardware Supplier. PART 3 — EXECUTION 3.01 DELIVERY: Furnish all hollow metal units as shown and scheduled on the drawings. Installation of hollow metal frames in masonry is work of Section 04220 — Masonry. 3.02 In general, install doors and frames in accordance with SDI 100 and 105 respectively. 3.03 Install frames plumb, rigid and in true alignment, and fastened so as to retain their position and clearance during construction of partitions and walls. Ensure dimensional tolerance and stability of frames for proper installation and operation of hardware and doors. 3.04 Following installation, provide protection of frames until frames are to be finish painted. Touch -up shop applied primer on doors and frames following installation and just prior to finish painting. END OF SECTION Mariners Park Restroom SECTION 08100 — STEEL DOORS & FRAMES - 2 • s SECTION 08710 - FINISH HARDWARE PART1- GENERAL 1.01 A. All work and materials shall conform to the provisions of the "Standard Specifications for Public Works Construction ", latest edition (Green book) shall apply, except as modified herein. B. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. C. Related Work Specified Elsewhere: Installation of finish hardware, toilet compartment hardware, toilet room accessories, signs of all kinds, rough hardware. D. Description of System: All finish hardware for the building shall be furnished complete except as otherwise specified. 1.02 GENERAL REQUIREMENTS A. All items of hardware required to complete this work shall be furnished. Items of hardware not definitely specified shall be provided of a type and quality suitable to the service required and comparable to other hardware specified. B. All hardware shall comply with applicable fire and building codes. 1.03 CONTRACTOR'S QUALIFICATIONS A. Finish hardware contractor shall be a duly recognized. distributor or dealer of the make of hardware bid upon. B. Contractor shall provide a qualified member of the American Society of Hardware Consultants (AHC) or other qualified employee acceptable to the City, and available for consultation and service by the City and the General Contractor as required. 1.04 SUBMITTALS A. Hardware Schedule: Submit six copies of the complete hardware schedule and 'catalog cuts' for approval within 30 days after award of contract. Clearly indicate any deviations from the schedule specified. Approval of hardware schedule shall not be construed as certifying its completeness but only that it has been checked for manufacture and finish. Within 30 calendar days after approval of hardware schedule, arrange a meeting with the Ca to establish keying system. The City will prepare a master keying chart per "Newport Beach Harbor Lock ". Changes shall not be made in the hardware schedule or keying chart after their approval without written consent. B. Samples: Submit samples of hardware to the City and Engineer for approval as requested. Tag all items and indicate manufacturer's name, finish, catalog number, and intended location in the building. Samples will be held by the City until the completion of finish hardware installation. Mariners Park Restroom SECTION 08710 — FINISH HARDWARE - 1 0 0 C. Templates: Furnish all templates to standards in accordance with approved hardware schedule as required to prepare doors and frames to receive finish hardware. Furnish templates in accordance with door and frame manufacturer's production schedules in order not to delay the progress of the job. 1.05 WARRANTY A. Provide written guarantee from hardware supplier as follows: 1. Closers: Ten years 2. Hinges: Life of the Building 3. Other Hardware: Two years PART 2- PRODUCTS 2.01 DOOR BUTTS A. Furnish 1 -1 / 2 pair each leaf to 7 foot 6 inches high. Add 1 / 2 pair each leaf over 7 foot 6 inches for each 2-1/2 feet. All outswinging doors to have butts with nonremoveable pins with set screw in barrel. (NRP) 2.02 DOOR MUTES A. Furnish three at each single door and two at each pair of doors. 2.03 LOCKSETS A. Locksets shall be by SCHLAGE, 6 pin completely assembled from box to door. All outswinging exterior doors shall have extended escutcheons extending 1/2 inch over the door frame. Escutcheons shall be cast and knobs of heavy forged bronze, reinforced of .080 thickness. Locks shall have box strikes and they shall be of sufficient length and have curved lips to protect trim and jambs. All component parts of locks shall be of one manufacture. 2.04 DESIGN AND FINISH A. Design shall be as shown in schedule. Finish shall be as shown in schedule throughout unless specified elsewhere. 2.05 WEATHER STRIPPING A. Shall be provided at all doors. 2.06 FASTENERS A. Conceal all fasteners where manufacturer provides that option with the product. Where exposed fasteners are used, provide phillips head type, with flat head for countersinking. PART 3 - EXECUTION 3.01 PACKING AND MARKING A. All hardware shall have the required screws, bolts, and fastenings necessary for its installation packed in the same package with the hardware including instruction. Each package shall be legibly marked Mariners Park Restroom SECTION 08710 — FINISH HARDWARE - 2 0 and adequately labeled indicating the part of the work for which it is intended. Each marking shall correspond to the number shown on the approved hardware schedule. Provide door designations and all other identifying information as required. B. Deliver hardware, as an obligation under this Section, to the General Contractor at the job site or to the plant or business address of the subcontractor responsible for installation of hardware. C. Deliver hardware when and as required for preparation of doors and frames to receive hardware or for installation in such quantities and at such times as to maintain normal job progress and prevent delay of the work. 3.02 KEYING A. Hardware Supplier is responsible for initiating and conducting meeting(s) with the City to determine Key System requirements. For estimate use Master Kay charges. Furnish written approval of the keying system from the City. Furnish construction key system in accordance with lock manufacturer's standard. Stamp keys "Do Not Duplicate ". 1. Key system shall be Schlage 6 pin. B. Furnish factory -keyed locks and cylinders; factory to maintain permanent records of the key system. C. Permanent keys shall be delivered only to City's representative. Contact Charles Coakley, Facilities Supervisor at (949)644 -3067 for keying requirements. 3.03 POST CONSTRUCTION A. After installation, provide City with call-back service for one year. B. Regardless of City requests under guarantee, return to site after six months and re- adjust hardware for smooth and correct operation. C. Contact City's Representative to schedule re- adjustment work. 3.04 SCHEDULE OF FINISH HARDWARE A. The following is a schedule of hardware to be furnished for this work. Refer to the drawings for which hardware set is used on each door. The material listed shall conform throughout to the requirements of the foregoing specifications: MANUFACTURERS: ABBR NAME PHONE FAX 0337 GLY Glynn Johnson Corp (800)525-0336(800)525 - LCN LCN Closers (815)875- 3311(815)875 -3222 SCH Schlage Lock Co (415)467 - 1100(415)468 -3423 STA Stanley Hardware (203)225 - 5111(203)827 -5729 TRI Trimco (213)262 - 4191(213)264 -7214 ULT Altra Industries (213)260 - 7330(213)260 -4840 Mariners Park Restroom SECTION 08710 — FINISH HARDWARE - 3 0 0 9i.i .i ANSI US DESCRIPTION BASE METAL 600 USP Primed For Paint Steel 613 US10BDark Oxidized Satin Bronze, Oil RubbedBronze 690 US20 Dark Bronze Painted IEA Astragal WS054SP x T.B.x2" C. HARDWARE SET 01: 2EA Holder PAH -60 3EA Hinge CBK 1%04-1/2 x 4 -1 / 2 NRP SEC STUD 613 STA 1EA Storeroom Lockset L9480P- HB LVR 06A INSIDE MTG BRKT XL11 -465 613 SCH 1EA Flush Pull 1111A 613 TRI 1EA Lock Protector LP12 613 GLP 1EA Holder PAH -60 690 LCN 21EA Door Stop F9080X 613 BBW 1 EA Sweep 345DNB PEMKO (Mount so that no portion of Stop is greater than 4" away from wall) HARDWARE SET 02: 6EA Hinge CBK 1960 4-1/2 x 4-1/2 NRP SEC STUD 613 STA 1SET Manual Flush Bolt FB6 613 GLY 1EA Dust Proof Strike DP2 613 GLY 1EA Storeroom Lockset L9480P- HB LVR 06A INSIDE MTG BRKT XL11 -465 613 SCH 1EA Flush Pull 1111A 613 TRI IEA Astragal WS054SP x T.B.x2" 600 ULT 2EA Holder PAH -60 690 LCN 2 EA Door Stop F9080X 613 BBW 1 EA Sweep 345DNB (Mount so that no of Stop is PEMKO than 4" from portion greater away wall) Unequal Leaf Pair T -0" / 2'-8" 3.05 EQUALS A. The following are approved manufacturers for this work which comprise the base bid: ITEM MANUFACTURER HINGES (M) MCKINNEY LOCKSETS (No Equal) DOOR HOLDERS (G) GLYNN JOHNSON WEATHERSTRIPPING (P) PEMKO DOOR STOPS (B) BBW MISC FLAT GOODS (B) BBW AUTO FLUSH BOLTS (D) DCI The Contractors shall base his bid on items exactly as specified. Requests for substitutions shall be submitted in accordance with the General Conditions of the specification. END OF SECTION Mariners Park Restroom SECTION 08710 — FINISH HARDWARE - 4 0 0 SECTION 09310 - CERAMIC TILE PART I - GENERAL 1.01 DESCR1IYnON A. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. B. Related Work Specified Elsewhere: Substrates. C. Description of System: Provide tiles, including trims, mortars, and grouting required for installation. D. Work supplied by others to be installed under the section: Ceramic Tile Murals by RTK Studios. Water blasted signs — Section 10410. 1.02 QUALITY ASSURANCE A. Codes and Standards: Perform work and provide materials in accordance with recommendations of TCA and ANSI. B. Conditions: Provide sufficient light and heat (except where impractical such as outdoors) and ventilate in areas where work is being performed. Take precautionary measures to ensure that excessive temperature changes do not occur. Do not start work until the substrate is satisfactory. 1.03 PRODUCT DELIVER, STORAGE AND HANDLING A. Deliver manufactured materials in original sealed containers with manufacturer's name, brand and grade seals affixed or sealed within. Keep materials dry until used. Order RTK Murals within 10 days of contract award. No time extensions will be allowed for not ordering the tile in a prompt manner early in the job. The "Catalina Galleon Mural has been reserved for this project for $420 @ RTK Studios B. Furnish tile to water blaster for signs. 1.04 SUBMITTALS A. Provide manufacturer's standard samples for selection of type, style, finish and color of units, including samples of grout available. B. Certification: Suppliers shall furnish certification attesting that materials meet specification requirements. C. Furnish documentation that all final floor finishes meet the minimum static coefficient of friction of 0.6 - ASTM C1028. PART 2- PRODUCTS 2.01 MATERIAIS A. Glazed Tiles: Provide glazed, standard quality, ceramic bodied, dry pressed, dense, modified square edged tiles with lugs on all sides for proper spacing. Provide units and colors as scheduled. B. Mortar and Grout: Provide mortar and grout materials manufactured by Upco, L & M Surco, or other approved, in colors selected. Mariners Park Restroom SECTION 09310 - CERAMIC TILE -1 • 0 C. Leveling Coat Provide a latex cement leveling coat where necessary to achieve required degree of evenness. D. Provide full line of trims, coves, caps and bullnoses. E. Ceramic Murals as scheduled — RTK Studios, 206 Canada, Ojai 93023 (805) 640 -9360. F. Membrane (between slab and setting bed) Custom Trowel and Seal. G. Elastomeric Joint Caulk: Where indicated on the drawings, and elsewhere as required provide: 1. All joints between floors and walls and at joints between tile and dissimilar materials. a. Custom Building Products Polyblend® Ceramic Tile Caulk. PART 3 - EXECUTION 3.01 WALL TILE: Install Latex — Portland cement mortar in accordance with ANSI A108.5 and TCA - W202. At 8x8 tile locations, float block wall surface with skim mat of Latex - Portland cement mortar prior to tile installation, to provide a flat, uniform substrate. 3.02 FLOOR TILE: Install in cement mortar with epoxy grout in accordance with ANSI A108.6 and TCA - F132. 3.03 Ensure cleanliness of substrates prior to installing materials, all work shall be true, within a tolerance of 1 / 8" in 10'. 3.04 Place materials in accordance with patterns shown on drawings or required by City. Carefully plan material layouts for largest possible cut pieces, equal at opposite sides of areas being covered. Ensure that patterns are uninterrupted unless required. 3.05 Neatly cut around fixtures, penetrations and drains. Accurately form corners, bases, intersections, caps and returns. Cut all members required to be cut with power cutting tools. No other method will be accepted. 3.06 Ensure that joints are uniform, watertight and align in all directions, including with joints of same of similar materials in other planes. Align joints vertically and horizontally. No staggered joints will be permitted. Fill joints full with grout, wipe excess grout from tile faces, and leave all joints finished at uniform depth. 3.07 Sound materials after setting. Replace and remove hollow sounding units. 3.08 Build in expansion and contraction joints as work progresses, keeping mortar and grouts out. Submit suggested locations of expansion joints. Do not exceed 16 feet in any direction without such joints. 3.09 Allow sufficient time for mortar to cure (minimum 48 hours) prior to grouting. 3.10 Do not use broken, damaged units. Mariners Park Restroom SECTION 09310 - CERAMIC TILE - 2 3.11 Install units in accordance with the methods shown in TCA Handbook for Ceramic Tile Installation. 3.12 PROTECTION: All installed materials shall be protected from damage until building is accepted. Any damaged, defective, or discolored tile shall be replaced at no cost to the City. 3.13 Provide extra tile equal to 1% of installed tiles of each type and color boxed in manufacturer's original containers, as per General Requirements. Mariners Park Restroom SECTION 09310 - CERAMIC TILE - 3 0 0 SECTION 09815 — ANTI- GRAFFITI COATINGS PART1- GENERAL 1.01 DESCRIPTION A. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. B. Related Work Specified Elsewhere: Painting. C. Description of System: Furnish all labor, materials, equipment, and services necessary to provide all Anti- Graffiti Glazed Coatings, complete in place, as shown and specified for the interior and exterior of the building. 1.02 SUBMITTAL - SAMPLE REQUIREMENTS A. Submit Manufacturer's Application Instructions, standard color selections, test reports, and samples for approval by the Engineer. B. Colors: As scheduled. Submit samples in triplicate, on 2 inch by 31 / 2 inch hardboard, of the material specified, in colors selected. Mark each sample clearly, to indicate manufacturer's name and product identification. 1.03 PRODUCT HANDLING A. Delivery and Storage of Materials: Deliver all materials in their original packages with seals unbroken, with manufacturer's name and product identification clearly legible on each package. Store to preclude entry of moisture or damage from any source. 1.04 ENVIRONMENTAL CONDITIONS A. Field Conditions: Verify actual field conditions. Inspect related work and adjacent surfaces. Report all conditions which prevent proper execution of this work, to the Construction Manager. B. Do not apply coatings in damp or rainy weather. Do not apply coating at temperatures below 40 degrees Fahrenheit, or above 110 degrees Fahrenheit. 1.05 WARRANTEE A. Provide a two year written warrantee against defects in materials and workmanship. Warrantee shall begin on date of final acceptance of the project. PART 2 - PRODUCTS 2.01 MANUFACTURER A. Vitrocem as manufactured by Bithell, Inc., 1004 East Edna Place, Covina, California 91724. Telephone: (626) 331 -2292, FAX (626) 338-4588. Mariners Park Restrroom SECTION 09815 — ANTI GRAFFITIGLAZED COATINGS -1 • i B. Materials meeting these requirements produced by manufacturers other than those named, may be substituted provided prior Engineerural approval is obtained in writing ten (10) days prior to bid date. No substitutions will be allowed without prior approval. The decision of the Engineer shall be final. 1. Coating System: Anti Graffiti Glazed Coating — Exterior Masonry. 2.02 MATERIALS A. Polyester Filler - Clear. C. Polyester Enamel — Clear or pigmented. D. Polyester Polyurethane Glazed Coating PART 3 - EXECUTION 3.01 SURFACE PREPARATION A. Ascertain that surfaces to be mated are in proper condition to receive hi- build glazed coatings. Report all unsatisfactory surfaces to Construction Manager in writing. B. Mask to protect uncoated adjacent surfaces. C. Repair minor surface damage. D. Check for moisture, or excessive alkali. Correct as required. 3.02 MATERIAL PREPARATION A. Vitrocem Polyester Coatings require the addition of catalyst just prior to use. Atmospheric conditions affect the curing. Follow manufacturer's printed directions regarding catalyst concentrations at varying temperatures. 3.03 APPLICATION A. Apply coatings to surfaces in accordance with Manufacturer's instructions. 1. Exterior Masonry a. Apply the first coat of Vitrocem Clear Polyester by spray or roller. Rate will vary depending on surface porosity, completely fill all surface voids. b. After the first coat has cured, apply a second coat of Vitrocem Clear polyester by spray or roller. f. C. Apply a third coat of clear vtrocem polyester polyurethane. Final surface appearance shall be free of surface voids and vinholes. 4. Metal Connections Espailer Grid and Gate a. Apply the first coat of Vitrocem Primer by spray and at an approximate rate of 400 square feet per gallon, if necessary, use primer on raw metal or where existing primer is incompatible with Polyester Enamel. a. Apply a coat of Vitrocem Polyester Enamel by spray. SECTION 09815 - HI-BUILD THERMOSETTING POLYESTER & ANTI GRAFFITI GLAZED COATINGS - 2 0 b. Apply a second coat of Vitrocem Polyester Enamel by spray. C. Apply a coat of Vitrocem Clear Glaze by spray. 3.04 CLEANING A. As the work proceeds and upon completion, promptly remove coating material where spilled, splashed or splattered. B. During progress of work, keep premises free from any unnecessary accumulation of tools, equipment, surplus material and debris. C. Upon completion of work, leave premises neat and clean, to the satisfaction of Engineer/ Engineer. END OF SECTION SECTION 09815 - HI-BUILD THERMOSETTING POLYESTER & ANTI GRAFFITI GLAZED COATINGS - 3 SECTION 09870 - SANDBLASTED FINISHES PARTI- GENERAL 1.01 DESCRIPTION A. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. B. Description of System: Perform sandblasting on wood beams, trim and sheathing except pretextured re -sawn wood and cementitious surfaces. 1.02 QUALITY ASSURANCE A. Provide test sample areas where designated by Engineer, where exact textures may be selected on materials in- place. 1.03 PROTECTION A. Provide all protection needed to mask materials in -place which could be harmed by these operations. Remove protection upon completion of work. As may be required by project conditions, perform sandblasting operations during premium time hours at no additional expense to City. Consult with Engineer to determine if this will be necessary. All sandblasting is to be completed prior to any painting of surfaces. PART 2 — PRODUCTS — NOT APPLICABLE PART 3- EXECUTION 3.01 Where possible, perform sandblasting in a single and continuous operation to accomplish consistency of texture and pattern. 3.02 Apply a dry blast process using a fine grained sand with enough air pressure to moderately texture the Douglas fir wood and other surfaces as required. Apply a heavy texture blast to cementitious surfaces, exposing subsurface aggregate. Where a wet process is practical, or where a confined area would preclude a dry process, use a wet blast. On masonry surfaces, exercise caution to prevent necessity of re- pointing grout. 3.03 Upon completion of these operations, clean and vacuum surfaces blasted, as well as all those affected areas around sandblasted surfaces. END OF SECTION Mariners Park Resumm SECTION 09870 - SANDBLASTED FINISHES -1 0 0 SECTION 09900 - PAINTING PART 1- GENERAL 1.01 DESCRIPTION A. All work and materials shall conform to the provisions of the "Standard Specifications for Public Works Construction ", latest edition (Green book) shall apply, except as modified herein. B. General Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. C. Related Work Specified Elsewhere: Shop primed products and materials, special coatings for metal doors and masonry damp proofing sealers and anti- graffiti coatings. D. Description of System: Prepare surfaces and finish as scheduled. 1.02 CODES AND STANDARDS A. Conform to California Air Resources Board (CARB) Rules, especially 1113. B. Conform to the best standards of practice as per Premium Quality in the Painting and Decorating Contractors of America (PDCA) Specification Manual 1986 (206- 941 - 8823). 1.03 SUBMITTALS A. Prepare 8-1/ 2 inch by 11 inch samples of finishes when requested by Engineer. When possible, apply finishes on identical type materials to which they will be applied on job. B. Identify each sample as to finish formula, color name and sheen name and gloss units. C. Colors shall match the existing Park buildings (Olympic 911). D. Materials Last: Submit complete lists of materials proposed for use, giving manufacturers name, catalog number and catalog cut of each item when applicable. E. Manufacturer's Instructions: Submit the manufacturer's current recommended methods of installation, including relevant limitations, safety and environmental cautions, application rates, and composition analysis. 1.04 MOCK -UP A. Before proceeding with paint application, finish one complete surface of each color scheme required, clearly indicating selected colors, finish texture, materials and workmanship. If approved, sample area will serve as a minimum standard for work throughout. Mariners Park Restroom SECTION 09900 — PAINTING - 1 1.05 MAINTENANCE MATERIALS A. Leave on premises where directed, not less than one full gallon of each color, of each type of paint, in new unopened container. Each container shall be in original manufacturers can with identification label. 1.06 DELIVERY, STORAGE AND HANDLING A. Deliver paint materials in sealed original labeled containers bearing manufacturer's name, type of paint, brand name, solids content, color designation and instructions for mixing and/or reducing. B. Provide adequate storage facilities. Store paint materials at minimum ambient temperatures of 45 degrees F, in well ventilated area. 1.07 ENVIRONMENTAL CONDITIONS A. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture contents of surfaces are below following minimums: gypsum board -12 percent, cementitious materials -12 percent. B. Ensure surface temperatures or surrounding temperatures are above 50 degrees F. before applying finishes. C. Provide adequate continuous ventilation and sufficient heating facilities to maintain temperatures above 50 degrees F. for 24 hours before, during, and 48 hours after application of finishes. D. During painting, provide minimum of 25 foot candles of lighting on surfaces to be painted. 1.08 PROTECTION A. Adequately protect other surfaces from paint and damages. Repair damages as a result of inadequate or unsuitable protection. B. Furnish sufficient drop cloths, shields and protective equipment to prevent spray or droppings from fouling surfaces not being painted and in particular, surfaces within storage and preparation areas. C. Place cotton waste cloths and materials which may constitute a fire hazard in closed metal containers and remove daily from site. D. Remove or cause to have removed, electrical plates, fittings, fastenings, escutcheons, and hardware prior to painting operations. These items are to be carefully stored, cleaned and replaced on completion of work in each area. Do not use solvents or other harsh cleansers on surfaces which could be damaged by such use of materials. PART 2 - PRODUCTS 2.01 MANUFACTURERS A. Provide paints and coatings manufactured by one of the following companies. Only one company's products may be used throughout the project, except as noted: 1. Stains: Cuprinol, Okon, Olympic, or SuperDeck Mariners Park Restroom SECTION 09900 - PAINTING - 2 9 0 2. Paint for metal galvanized wood connections: Tnemec Series 66 Epoxoline, two-component catalyzed epoxy coating (3 mils) B. Best quality grade of specified types as regularly manufactured by recognized manufacturers. Materials not bearing manufacturer's identification as standard best grade product of regular line are not acceptable. 2.02 PAINT MATERIALS A. Accessories: Provide linseed oil, shellac, polyurethane, turpentine and other materials not specifically specified but required to achieve finishes. B. Paints and Coatings: Provide ready -mixed type except field catalyzed coatings; pigments fully ground maintaining soft paste consistency, capable of being readily and uniformly dispersed to complete homogeneous mixtures. C. Provide coatings with good flowing and brushing properties and capable of drying or curing free of streaks and sags. D. Finishes shall be durable and washable. Surfaces shall stand up under washing as required to remove pencil marks, ink, ordinary soil, etc. without showing discoloration, loss of gloss, staining or other damage. PART 3 - EXECUTION 3.01 INSPECTION A. Thoroughly examine surfaces scheduled to be painted prior to commencement of work. Verify required lighting temporary heat and ventilation requirements. Report in writing of conditions potentially detrimental to proper application. Do not commence until satisfied that defects and deficiencies in surfaces have been rectified. 3.02 PREPARATION OF SURFACES A. Thoroughly clean all surfaces to be painted with hydro-deaning process to remove chalk, dirt and other deleterious materials where such cleaning methods are practical. Spot prime before application of finish coats. B. Remove dirt, grease and oil from canvas and cotton covered insulated materials such as pipes and ducts. C. On surfaces to be cleaned which cannot be hydro- cleaned, where possible, wash with solution of TSP and thoroughly rinse. D. Remove grease, rust, scale, dirt and dust from steel and iron surfaces. Where heavy coatings of scale are evident, remove by wire brushing, sandblasting or other method necessary, practical and in accordance with Steel Structures Painting Council. E. Clean unprimed steel surfaces by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring welded joints, bolts Mariners Park Restroom SECTION 09900 — PAINTING - 3 0 9 and nuts are similarly cleaned. Prime surfaces to indicate defects, if any. Paint after defects have been remedied. F. with sealer. Fill nail holes and cracks after primer has dried and sand between mats. Back prime interior and exterior woodwork 3.03 APPLICATIONS A. Apply each mat at proper consistency, according to manufacturer's directions. B. Each coat of paint is to be slightly darker than preceding mat unless otherwise directed, or finish is clear. C.' Sand lightly between coats to achieve required finish. D. Do not apply finishes on surfaces that are not sufficiently dry. E. Allow each coat to dry before following coats are applied. 3.04 LOUVERS, MECHANICAL AND ELECTRICAL EQUII'MENT . A. Refer to mechanical and electrical sections of these specifications, as well as drawings, with respect to painting and finishing requirements, color coding, identification banding of equipment, ducting, piping and conduit. B. Remove grilles, covers and access panels for mechanical and electrical systems from location and paint separately. C. Finish paint primed equipment to colors selected. D. Prime and paint insulated and bare pipes, conduits, boxes, fire sprinkler heads and escutcheons, insulated and bare ducts, hangers, brackets, collars and supports, except where items are plated or covered with a pre - finished coating, or are not exposed to view. E. Replace identification markings on mechanical and electrical equipment when painted over or spattered. F. Paint interior surfaces of air ducts, convector and baseboard heating cabinets that are visible through grilles and louvers with one coat of flat black paint, to limit of sight line. Paint dampers exposed immediately behind louvers, grilles, convector and baseboard cabinets to match face panels, as applicable. G. Paint both sides and edges of plywood backboards for electrical equipment before installing backboards and mounting equipment on them. H. Color code equipment, piping, conduit, and exposed ductwork of mechanical and electrical work. Color banding and identification shall include flow arrows, naming, numbering, stenciling, etc. 3.05 CLEANING A. As work progresses and upon completion, promptly remove paint where spilled, splashed, smeared and splattered. B. During progress of work, keep premises free from unnecessary accumulation of tools, equipment, surplus materials and debris. Mariners Park Restroom SECTION 09900 — PAINTING - 4 0 0 C. Upon completion of work, leave premises neat and clean, to satisfaction of City. 3.06 PAINTING AND FINISHING SYSTEMS LIST: Note: Coverage rates or dry film thicknesses shall conform to manufacturer's recommendations. A. Stained Wood - 2 heavy coats exterior wood stain (semitransparent or solid body as scheduled). B. Galvanized Metal -1 coat zinc compatible rust inhibitive epoxy primer, 2 coats gloss epoxy. END OF SECTION Mariners Park Restroom SECTION 09900 — PAINTING - 5 9 • SECTION 10160 - SOLID PHENOLIC TOILET DOORS PART1- GENERAL 1.01 DESCRIPTION A. General Conditions: The general provisions of the contract, including conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. B. Related Work Specified Elsewhere: Toilet accessories, blocking, masonry. C. Description of System: Provide toilet partition doors, fasteners, and hardware. 1.02 QUALITY ASSURANCE A. Codes and Standards: In addition to conforming with all pertinent codes and regulations, including State Handicapped Code - Chapter 54, Part 2, Title 24, and the American Disabilities Act - ADA, fabricate and install the toilet partition doors in strict accordance with the published recommendations of the manufacturer of the products selected. B. Codes and Standards: Provide materials in accordance with FS L-P -508 for plastic laminate, and ASTM A167 for stainless steel. C. Qualifications of Installers: For this portion of the work, use only installers who are thoroughly trained and skilled in the installation of the type of toilet partition doors selected. 1.03 SUBMITTALS A. At least thirty (30) calendar days after award of contract submit five (5) sets of shop drawings to the Engineer for approval. Show all details of construction and anchorage, swings of doors, and methods and locations of attachment to other construction. When approved by Engineer shall function as the basis for acceptance or rejection of actual methods -of- installation being used. B. Color: Submit manufacturer's standard samples with initial shop drawing submittal, or furnish as scheduled. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Product Handling: Use all means necessary to protect toilet partition doors before, during and after installation and to protect the installed work of other trades. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the City. 1.05 JOB CONDITIONS A. Cooperate as necessary with all other trades to ensure proper and adequate provision for the installation of items described in this Section. B. Verify all dimensions shown on drawings by taking field measurements. Mariners Park Restroom SECTION 10160 - SOLID PHENOLIC TOILET DOORS -1 0 PART 2 - PRODUCTS 0 2.01 MANUFACTURERS: Provide a system of products manufactured by Bobrick, or other approved. This specification is based upon Bobrick Duraline 1080 Series toilet compartments and institutional hardware. All materials shall meet or exceed their product. 2.02 MATERIALS A. 1080 Series doors 3/4" (19mm) thick, 58" (147cm) high, up to 36" (91cm) wide. All stiles 34" (19mm) thick. Edges shall be black. B. Hardware: Hinge shall be 16 gauge (1.6mm) continuous stainless steel piano hinge, 2" (51mm) wide with l/ 8" (3.2mm) diameter pin and extend full height of door. Door latch shall be 14 gauge (2.Omm) and slide on nylon track attached to door with concealed screws. Door keeper shall be it gauge (3.2mm) and cover top and bottom of latch when door is in closed /locked position. Door shall be furnished with two 11 gauge (3.2mm) PVC coated door stops to prevent door from being kicked out of compartment. All door hardware shall be through bolted with stainless steel, one -way machine screws inside and outside of compartment. Threaded metal inserts shall be factory installed for mounting door hardware. Stainless steel U- channels for panel to stile and panel to floor and wall mounting and optional angle brackets for panel to wall mounting shall be 18 gauge stainless steel (1.3mm) and extend full height of panel. Stainless steel one -way sheet metal screws furnished for installation of mounting brackets. All connections shall be installed so as to withstand 1100 lbs. pressure. PART 3 - EXECUTION 3.01 INSTALLATION A. Install all toilet partition doors rigid, straight, plumb, level square in strict accordance with the approved shop drawings manufacturer's published recommendations. B. Take site dimensions, and ensure that plumbing fixtures are correctly spaced. Ensure blocking and wall reinforcing are correctly installed. C. Leave no more than 1/2 inch, nor less than 1/4 inch between walls and panels, and wall and end pilasters. D. All drilling, cutting and fitting to room finish shall be concealed in the finished work. E. Clearance at vertical edges of doors shall be uniform from top to bottom and shall not exceed 3/16 inch. Doors shall be free of warp and bind. F. Adjust hardware and leave in perfect working order. G. Adjust doors for proper swing, and proper positive latching when closed. H. Repair or replace materials damaged prior to City acceptance. 3.02 COLOR: See Schedule. END OF SECTION Mariners Park Restroom SECTION 10160 - SOLID PHENOLIC TOILET DOORS - 2 0 • SECTION 10410 - SIGNAGE PART1- GENERAL 1.01 DESCRIPTION A. SCOPE OF WORK: 1. The general provisions of the contract, including general conditions and general requirements, apply to the work specified in this section. 2. Furnish materials and perform labor required to execute this work as indicated on the drawings, as specified, and as necessary to complete the furnishing of signage items specified below. B. Related work specified elsewhere: Installation — Masonry 04220, Ceramic Tile 09310. 1.02 SUBMITTALS: Submit shop drawings and catalog cuts for all items to be furnished. Manufacturer's standard drawings and installation information will be acceptable where it is complete enough to determine its acceptability. Also submit samples of materials where - options of color, pattern or texture exist. 1.03 QUALITY ASSURANCE: All sign work shall be performed by a person with a minimum of five (5) years experience with similar work. PART 2 - PRODUCTS 2.01 HANDICAP SYMBOLS: Signs to be precast Quickcrete as detailed (909 -737- 6240). Provide Braille indications on signs. Tape is not considered an acceptable Braille indicator. 2.02 6" HIGH BUILDING ADDRESS: Helvetica visible from the street per Fire Marshall Requirements — Fire Code 901.4.4, etched into ceramic tile by'Intertile' or equal. 2.03 ENTRY SIGN: Wall mounted exterior panel signs to be "ASI compass" with manufacturer's standard injection molded mounting clips or approved equal. Refer to plans for the text wording. END OF SECTION Mariners Park Restroom SECTION 10410 - SIGNAGE -1 0 9 SECTION 10601 - MESH PARTITIONS PART1- GENERAL 1.01 DESCRIPTION A. Scope of Work: 1. The general provisions of the contract, including general conditions and general requirements, apply to the work specified in this section. 2. Furnish materials and perform labor required to execute this work as indicated on the drawings, as specified, and as necessary, to complete the contract, including, but not limited to, these major items: a. All mesh panels. B. Related Work Specified Elsewhere: 1. Finish hardware. 2. Chain link fence/ partition 1.02 QUALITY ASSURANCE A. Reference Standards: 1. Standard Specifications for Public Works Construction. 1.03 SUBMITTALS A. At least thirty (30) calendar days after award of contract submit five (5) sets of shop drawings to the Engineer for approval. Show all details of construction and anchorage, and methods and locations of attachment to other construction. When approved by Engineer shall function as the basis for acceptance or rejection of actual methods -of- installation being used. B. Color: As scheduled on plans. 1.04 JOB CONDITIONS A. Cooperate as necessary with all other trades to ensure proper and adequate provision for the installation of items described in this Section. B. Verify all dimensions shown on drawings by taking field measurements. PART 2 - PRODUCTS 2.01 MATERIALS: All materials shall be Colorbond 11, Chainguard or equal. Framing System - KING WERE PARTITIONS (213 - 256 - 4848), TOBIN STEEL (714 -541- 2268), ATLAS (213 - 581 - 7340), CALIFORNIA WIRE (714 -371- 7730), McNICHOLS (800- 237- 3820), SECURE -GUARD (303 - 927 -4080) or approved equal. A. MESH: Black polyester 1" super security 10 gauge, securely clinched to frames. B. POSTS, RAILS: 1-1/4" x518" cold rolled "C" channel with 1 /4" bolt holes at 14" O.C., black polyester galvanized steel. C. FUSION BONDED COATING: Black polyester. Profile Plastic Coatings (213 - 227 - 8777), MPC (213 - 583 -4727) or equal. Mariners Park Reshwm SECTION 10601 - MESH PARTITIONS -1 • D. FITTINGS, REINFORCING BARS, and other appurtenances shall be aluminum alloy, galvanized pressed steel, malleable or cast steel as specified, epoxy- phenolic pruned and coated with matching polyester. Painted fittings are not acceptable. Provide 1" channel around edge of all fixed panels. PART 3 - EXECUTION 3.01 INSTALLATION A. All work shall be constructed in conformance with the best standards and practices of the trade using skilled mechanics. Form and fabricate items of work as indicated and required to meet installation conditions. Make provisions to connect with/ or receive the work of other trades. B. Field check units for fitting prior to coating. END OF SECTION Mariners Park Restroom SECTION 10601 - MESH PARTITIONS - 2 0 SECTION 10800 - TOILET AND BATH ACCESSORIES PART 1- GENERAL 1.01 DESCRIPTION A. Scope of work: 1. The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. B. Related Work Specified Elsewhere: 1. Toilet partitions. 2. Finish carpentry. 3. Manufactured pre -cut opening for equipment is governed by Toilet Partition Section and requirements of this Section shall be furnished to the Toilet Partition manufactured prior to fabrication of partitions. C. Description of System: Toilet accessories, attachment devices, and required rough -in frames. 1.02 QUALITY ASSURANCE A. Codes and Standards: ASTM A167- Stainless and Heat - Resisting Chromium - Nickel Steel Plate, Sheet and Strip. B. In addition to conforming with all pertinent codes and regulations, including State Handicapped Code - Chapter 4, Part 2, Title 24 and American Disabilities Act - ADA, fabricate and install the toilet accessories in strict accordance with the published recommendations of the manufacturer of the products selected. 1.03 SUBMITTALS A. At least thirty (30) calendar days after award of contract submit six (6) sets of shop drawings to the Engineer for review. 1.04 PRODUCT DELIVERY, STORAGE AND PROTECTION A. Delivery: Do not deliver accessories to project until areas to receive them are properly finished. Each unit shall be individually packaged, complete with necessary fasteners and accessories. Deliver materials in manufacturer's original, unopened protective packaging, clearly marked with manufacturer's name, brand name and catalog part number. B. Storage: Materials shall be stored in an enclosure providing protection from damage and exposure to the elements. C. Handling: Damaged or deteriorated materials shall be removed and replaced at no cost to the City. D. Protection: Protect adjacent or adjoining finished surfaces and work from damage during installation of work of this section. 1.05 GUARANTEE A. All accessories shall be guaranteed in writing for two years in accordance with the Special Provisions. Mariners Park Restroom SECTION 10800 - TOILET AND BATH ACCESSORIES -1 0 PART 2- PRODUCTS 0 2.01 SCHEDULE OF ACCESSORIES A. Refer to the schedule for a list of accessories required for this project. The numbers listed correspond to catalog numbers of units manufactured by Bobrick and Fastaire. Units manufactured by other companies such as Charles Parker, Accessory Specialties, Tubular Specialties, or others may be accepted, if they are of comparable quality as approved by the Engineer. All units shall be products of a single manufacturer. Refer to the Standard Specifications for Public Works Construction, Section 2 -53A and 3-1.1 for substitutions. PART 3- EXECUTION 3.01 INSTALLATION A. Installer must examine conditions under which all items to be installed. Notify the contractor in writing of conditions detrimental to the proper and timely completion of the work Do not proceed until unsatisfactory conditions have been corrected. B. Install in strict accordance with the manufacturer's printed instructions. Install true, plumb, and level, securely and rigidly anchored to substrate with tamper -proof concealed stainless steel fasteners. C. Protect adjacent or adjoining finished surfaces and work from damage during installation of work of this section. END OF SECTION Mariners Park Restroom SECTION 10800 - TOILET AND BATH ACCESSORIES - 2 • 0 SECTION 10999 - MISCELLANEOUS SPECIALTIES & EQUIPMENT PART1- GENERAL 1.01 DFSCRIPTlON A. Scope of work: 1. The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. B. Related Work Specified Elsewhere: 1. Finish carpentry, installation, toilet and bath accessories. C. Description of System: Furnish miscellaneous accessories, attachment devices, and required rough -in frames. 1.03 SUBMITTALS A. At least thirty (30) calendar days after award of contract, submit five (5) sets of shop drawings to the Engineer for review. 1.04 PRODUCT DELIVERY, STORAGE AND PROTECTION A. Delivery: Do not deliver accessories to project until areas to packaged, complete with necessary fasteners and accessories. Deliver materials in manufacturer's original, unopened name and catalog part number. B. Storage: Materials shall be stored in an enclosure providing protection from damage and exposure to the elements. C. Handling: Damaged or deteriorated materials shall be removed and replaced at no cost to the City. D. Protection: Protect adjacent or adjoining finished surfaces and work from damage during installation of the work of this section. 1.05 GUARANTEE A. All accessories shall be guaranteed for two years in accordance with the Special Provisions. PART 2- PRODUCTS 2.01 SCHEDULE OF SPECIALTIES & EQUIPMENT A. Refer to the Schedule for a list of specialties & equipment required for this project. The numbers listed correspond to catalog numbers of units manufactured by a specific manufacturer. Units manufactured by other companies may be accepted, if they are of comparable quality as approved by the Engineer. All units shall be products of a single manufacturer. Refer to Section 4.04 Division I - Special Provisions for substitutions. Mariners Park RR SECTION 10999 - MISCELLANEOUS SPECIALTIES & EQUIPMENT - I PART 3 - EXECUTION 3.01 INSTALLATION A. Installer must examine conditions under which all items to be installed. Notify Contractor in writing of conditions detrimental to the proper and timely completion of the work Do not proceed until unsatisfactory conditions have been corrected. B. Install in strict accordance with the manufacturer's printed instructions. Install true, plumb, and level, securely and rigidly anchored to substrate with tamper -proof concealed stainless steel fasteners. C. Protect adjacent or adjoining finished surfaces and work from damage during installation of work of this Section. END OF SECTION Mariners Park RR SECTION 10999 - MISCELLANEOUS SPECIALTIES & EQUIPMENT - 2 SECTION 15400 - PLUMBING PART1- GENERAL 1.01 SCOPE OF WORK Furnish all material, equipment and perform all labor required to execute this work as indicated on the drawings, specified herein and as necessary to complete the work of this section, including but not limited to, the following items: A. Study work (and related drawings and specifications) of all other crafts whose work abuts, adjoins or is in any manner affected by work of this Section. Consult with other trades and with them expedite and coordinate materials and labor to avoid omissions and delays. B. Soil, waste and vent piping and connection to sewer, as indicated on drawings. C. Soil, waste and vent branches and final connections to all plumbing fixtures as indicated on drawings. D. Cold water systems consisting of piping, valves, water hammer arrestors, controls, all accessories with final connection to water service. E. All permits and permit fees. F. Provide isolation for all water lines and for all movable equipment to prevent noise transmission. G. Plumbingg fixtures, trim, stops, supplies, traps, etc. H. Roof flaings and flashing at water proofed membrane slabs and floors. I. Sleeves, hangers, and shock arrestors. J. Excavation, backfill and compaction for work of this section. K. Start -up and instruction period. L. Temporary piping and valves to supply wafter during construction for all Contractors, at all locations required to prosecute the Work. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Cutting and patching of the building structure, as specified elsewhere. B. Formed concrete work C. Finish painting, unless specified herein. 1.03 GENERAL REQUIl 1N1ENlS A. Survey of site: Before submitting proposals for this work, each bidder shall be familiar with plans and specifications, shall have examined the premises and understand the conditions under which he will be obligated to operate in performing his part of the contract. No allowance shall be made subsequently in this connection, in behalf of the Contractor for any error through negligence on his part. Mariners Park Restroom SECTION 15400- PLUMBING -1 i 0 B. Accessibility: The Contractor shall fully inform himself regarding any and all peculiarities and limitations of the spaces available for the installation of all work and materials furnished and installed under this Section. The Contractor shall exercise due and particular caution to determine that all parts of the work are made quickly and easily accessible. Although the location of the equipment may be shown on the drawings in certain positions, the Contractor shall be guided by the Engineerural details and conditions at the job, correlating his work with that of the other trades and Sections of the specifications. C. Explanation and precedence of drawings: 1. For purposes of clearness and legibility, drawings are essentially diagrammatic and although size and location of equipment is drawn to scale wherever possible, Contractor shall make use of all data in all the Contract documents, and shall verify this information at building. 2. The drawings indicate required size and points of termination and suggest proper routes to conform to structure, avoid obstructions and preserve clearances. However, it is not the intention of drawings to indicate all necessary offsets, and it shall be the responsibility of this Section to install items in such a manner as to conform to structure, avoid obstructions, preserve headroom and keep openings and passageways clear without further instructions or cost. 3. Notes on drawings: Where notes occur on the drawings regarding materials or installation, they shall supersede the specifications where at variance and shall have the special material or fixtures installed as required by the note; otherwise, all material shall be in conformance to these specifications. D. Discrepancies: Contractor shall refer to Section of the General Provisions. Any discrepancies found by the Contractor after signing of the Contract between the specifications and the drawings or between drawings, or any contradictory sizes or plate numbers describing the manufacturer's items, shall be brought to the attention of the Engineer and the Engineer shall determine the proper items to be used, with no additional cost to the City. E. Ordinances, codes and permits: 1. Ordinances: The work shall be in accordance with the governing State and Local Ordinances, Codes and Regulations, all of which are hereby made a part of these specifications. However, when these specifications and /or drawings call for or describe materials, workmanship or construction of a better quality, higher standard, or larger size that is required by the above mentioned rules and regulations, the provisions of these specifications and /or drawings shall take precedence over the requirements of the said rules and regulations. The Contractor shall furnish, without any extra charge, any additional material or labor, or both, required for compliance with these rules and regulations, although not mentioned in these specifications nor indicated on the drawings. Mariners Park Reshvom SECTION 15400 - PLUMBING - 2 F. G. H. I. 0 • 2. Permits: The Contractor shall secure and pay for all permits, inspections and certificates of any inspection of any government body having jurisdiction over all or any part of the work included under this Section, and /or such inspections, etc., required by these specifications. 3. Certificate: At completion of the work, deliver to the City, a certificate of acceptance issued by the local authorities approving the complete plumbing installations. Erection: The Contractor shall furnish the services of an experienced superintendent; who shall be constantly in charge of the erection of the work, together with all necessary journeymen, helpers, and laborers required to properly unload, erect, connect, adjust, start and operate and test the work involved. Preliminary Operation: Should the City demand that any portion of the systems or equipment be operated previous to the final completion and acceptance of the work, the Contractor shall consent. Such operation shall be under direct supervision of the Contractor but the expense thereof shall be paid on account of the contract sum. Such preliminary operation, or payment thereof, shall not be construed as acceptance of any of the work. Hoisting: The Contractor shall do all hoisting of his own materials and equipment, or apply any charges they may be made for the use of any hoists of other tradesmen that may be used for this purpose. Opening; cuttings, patching, repairing: 1. The Contractor shall cooperate with the work to be done under separate sections in providing information as to openings required in rough walls, slabs and footings. 2. Holes in concrete: Sleeves shall be furnished, accurately located and installed in forms before pouring of concrete. The Contractor shall pay all additional costs of cutting of holes as the result of the incorrect location of sleeves. 3. Ascertain that all chases, shafts, and openings are properly located; otherwise the Contractor shall cut all new openings required at his own expense, and shall be held respponsible for any damage done to other work by unnecessary and /or careless cutting, drilling. No cutting, notching or boring will be allowed that may impair strength of building construction; no holes, except for small screws, shall be drilled in beams or other structural members, without obtaining prior consent of the Engineer. Execute all work with competent workman skilled in the material involved. Patching materials and workmanship shall accurately match original work 4. Cutting and patching in finish area: Refer to respective paragraph in the General Conditions. Excavation: All excavating, trench work and backfilling required for the installation of the work shall be performed in accordance with the applicable portions of the Excavating, Filling and Grading section of the specifications. Mariners ParkReshoom SECTION 154011- PLUMBING - 3 0 0 K. Quality: Equipment and materials used shall be new, except as specifically approved by the Engineer for each separate item, and in perfect condition when installed and shall be furnished in ample quantities at the proper time. Except as otherwise specified, materials used in the construction of systems included in this Section shall be of American manufacture and shall be in accordance with standard specifications of the American Society for Testing Materials. All Articles provided for the same general purpose or use shall be of the same make except as otherwise specified. Capacities, sizes and dimensions are minimum unless otherwise noted. L. Clean-Up: 1. During the process of the work, the premises shall be kept reasonable free of all debris, and waste materials resulting from the work under this Section. All such debris and rubbish shall be removed from the site. 2. Upon completion and before final acceptance of the work, all debris, rubbish, leftover materials, tools, and equipment shall be removed from the site. 3. Machinery, apparatus, fixtures and equipment: Thoroughly cleaned of cement, plaster, and other materials, grease and oil spots removed with cleaning solvent; surfaces carefully wiped; cracks and corners scraped clean. 4. Exposed piping: Same as machinery and apparatus. Entire installation left in a clean, neat and usable condition. M. Rough -In: Rough -in connections shall be provided for equipment furnished by the City or under other divisions or contracts, in accordance with roughing -in drawings furnished including future equipment as noted on the drawings. 1. Wherever installations penetrate the roof, outer walls or membrane floor of any kind, all base flashings shall be furnished and installed under this Section. 2. Furnish and install on each pipe passing through roof, a Semen No. 1100 -4, four pound seamless lead flashing assembly with 8" skirt. Pipes through waterproofed floors and/or walls shall be installed as approved by the City or as detailed on the drawings. N. Substitutions: (The substitution section of the specifications shall supersede the substitution section of the "General Conditions"). Certain units of equipment and materials are specified by name of manufacturer and in most cases a choice is given. The Contractor shall base his bid on these products. If desired, the Contractor may submit a request for substitution after contract is awarded. Such requests shall be made in . writing accompanied by complete technical data, giving sizes, capacities, details of construction, and all other pertinent information. 1. The City's interpretation of any alternate product being approved equal shall be final. No articles or materials of any kind shall be substituted for those specified unless written permission to, make such substitution is granted by the City. Mariners Park Reshv m SECTION 15400- PLUMBING - 4 0 0 2. In all cases where substitutions are proposed, the Contractor shall bear the cost of evaluation on the basis of 2 -1 / 2 times technical salaries of personnel involved. 3. Any and all costs or changes arising from the consideration of alternate materials or equipment shall be paid for by the Contractor. He shall also be responsible for fitting any such alternates into spaces available and paying the costs of any chances or revisions required in the work of any other trade. O. Warrantee: 1. Furnish a written warrantee to the effect that all material and work furnished under this Section is guaranteed for one 0) year to be free from defects and faulty workmanship, and that any defective material or work shall be promptly repaired or replaced without additional cost to the City. Guarantees for equipment having more than one 0) year shall be passed on to the City. 2. The City reserves the right to make temporary repairs as necessary to keep equipment in operating condition without voiding responsibilities during the guarantee period. P. Protection of equipment: Be responsible for any damage to any of the work of this Section until final acceptance. Cover all openings, apparatus, equipment and appliances both before and after being set in place to prevent misuse or disfigurement of the apparatus, equipment or appliances. Q. Tests, general: Tests shall comply with all necessary codes, rules and regulations, as noted herein before. Supply all instruments, labor, and tools required by the tests. Any defective material or equipment shall be repaired, adjusted or replaced by new materials or equipment and be tested before acceptance. This contractor shall notify the Inspector and City at least seven (7) days in advance of when he proposes to test all or any part of the various piping systems. TEST SCHEDULE Gauge Pressure at Gauge Pressure System Tested Start of the Test after 4 hours Test wi Waste and Fill with water to top vent piping of highest vent or drain, allow to stand three (3) hours without drop in water level. Water piping 1501bs. 150 lbs. Water R. Adjusting: All valves and equipment shall be tested and adjusted so that each fixture receives the proper amount of water; likewise, all faucets, bibs, etc., shall be properly regulated to the approval of the City so that the entire system is left in a first -class condition ready for acceptance by the City. Mariners Pads Reshv m SECTION 15400 - PLUMBIIJG - 5 • 0 S. Damage by leaks: Attention.is specially called to the fact that the Contractor shall be responsible for damage to any part of the premises caused by leaks or breaks in the pipe or fixtures or equipment installed under this Section, for a period of one p) year from the date of acceptance of the work by the City. T. Intent of contract: It is the intent of these drawings and specifications to provide complete working installation. Although the drawings describe methods and materials to be used, they are not necessarily complete in every detail, but rather shall be considered only as m;n;mum requirements. The Contractor for the particular specialty shall take full responsibility for proper operation of all parts of his installation, shall furnish any necessary refinements or additions to the specified items or methods required to insure such proper operation. 1.04 SERVICE CONNECITONS A. Waste: Connect to sewer as indicated on plans. Determine exact location of points of connections and be responsible for proper location of waste line from building for most direct and suitable connections. Pay for all permits, inspections and connection fees. B. Water: Connect to service; arrange for and pay all charges for installation of water lines. PART 2 - PRODUCTS AND EXECUTION 2.01 Materials and Workmanship A. Piping materials 1. List of systems: a. Soil, waste and vent b. Domestic cold water c. Indirect drains 2. Pipe and fittings: Hereinafter specified shall be of the type indicated for the service as called out in the Pipe Schedule Table and shall conform to 'Table A Plumbing Material Standards" 1988 edition of the Uniform Plumbing Code. 3. Pipe Schedule SERVICE SIZE PIPE Soil Waste 2" and Std. Wt. C.I. Vent Larger Hubless 1 -1/2" & Galy. Steel Smaller Schedule 40 Water 2" and Type "L" Wrought Copper Smaller Hard Copper FITTINGS Std. Wt. C.I. Hubless C.I. Drainage Above Grade LOCATIONS Above. & Below Grade Above Grade Mariners Park Restroom SECTION 15400- PLUMBING - 6 r 0 2-1/T'& Type "M" Cast Brass Above Grade Larger Hard Copper All Sizes Type "K" Wrought - Silver Below Grade Hard Copper Copper - Brazed (Wrapped) B. Unions - locations and type: 1. On inlet and outlet of all apparatus or equipment having screwed and /or soldered connections, 2" and smaller. 2. On outlet of all screwed valves 2" and smaller. 3. Steel and wrought iron pipe: Malleable iron railroad type; 250 P.S.I. brass to iron seat, ground joints. 4. Copper tubing: Ground joint, cast bronze, Mueller type C -107 or Nibco No. 633. C. Nipples: 1. Nipples shall conform to requirements of U.S. Department of Commerce Commercial Standard CS-5 "Pipe Nipples; Brass, Copper, Steel and Wrought Iron". Use nipples from packages which bear manufacturer's label or tag reading: "Guaranteed Pipe Nipples Conforming to CS -5 Made from New Pipe" or other words to this effect. 2. Make nipples of same material and weight as pipe whereon used. 3. Do not use close nipples. D. Hangers, supports and isolation: 1. Horizontal pipes: Hangers and supports shall be hung from adequate solid rods, the lengths of which shall be adjustable. a. Types of hangers and supports shall be as specified below as manufactured by Super -Strut, Inc., or equal. b. Hanger schedule: HANGERSCHEDULE Mariners Park Restroom SECTION 15400 -PLUMBING - 7 ROD IdANG rR OTHER SERVICE PIPE SIZE SIZE SPACING NO. LOCATIONS 1/2" 3/8" 5' -0" 727 Valves Copper 3/4" & 1" 3/8" 6'- 0" 727 Fittings Water Tube 1 -1/4" thru 2" 3/8" 8'- 0" 727 and Changes in Direction Schedule 40 1/Z'& 3/4" 3/8-1 6'- 0" 710 Valves Steel 1"&1-1/2" 3/9' 8'- 0" 710 Fittings 1- 1/2" &2" 3/8" 10 -0" 710 and Changes in Direction Soil Waste 2" 3/8" 5' - 0" 710 Fittings 3" 1/2" 5' - 0" 710 and Changes 4" 5/8" 6-0" 710 in Direction Mariners Park Restroom SECTION 15400 -PLUMBING - 7 • • 2. Protection shields and isolators: a. All piping which is not isolated from contact with the building by its insulation shall be installed with a manufactured type isolator. Horizontal piping in stud walls may be isolated with hair felt pads securely wired in place. b. Isolators shall be Semen Triscolators, Series No. 100 for I.P.S. piping and Series No. 500 for copper tubing as manufactured by the Stoneman Engineering and Mfg. Co. 3. Fixture Supports: All fixtures shall be hung, supported or set with 1/4" bolts or screws of sufficient length to securely fasten the fixture to the backing, wall or closet ring. All hardware to be stainless steel. 4. Water hammer arrestors to be installed at each fixture. 2.02 Pipe Installations A. All piping shall be installed to clear beams, etc., even if plans do not indicate same. This Contractor shall constantly check with other work to prevent any interference with this installation. Should structural difficulties prevent the running of pipes or the setting of equipment at the points indicated by drawings, the necessary deviations therefrom as determined by the Engineer will be allowed, but must be made without any additional cost to the City. B. Properly install all sewers, drains and piping, after excavation or cutting for same has been done so as to keep the openings for this piping open as short a time as possible. No piping, however, shall be permanently closed up, furred in, or covered before the examination of same by the Engineer. C. All exposed polished or enamel connections from fixtures shall be put on with special care showing no tool marks or threads as fittings. D. All horizontal sanitary drain piping shall be run on a uniform grade of not less than 1/4" per foot unless otherwise noted or required. All vent piping shall be graded so as to free itself quickly of any water or condensation. E. All water piping shall be run generally level free of traps or unnecessary bends. This piping shall be so graded and valved to provide for the complete drainage and control of the system. No piping shall be installed to cause an unusual noise from the flow of its contents under normal conditions. F. All piping shall be carried in chases where provided through the openings in floors, and in furred spaces: otherwise, exposed as directed. Under no conditions shall any piping be run in the floor fill except as shown or as directed. G. All piping shall have reducing fittings used for reducers or increasers where any change in the pipe size occurs. Bushings will not be allowed to be used, except with special permission. H. Each piece of pipe and each fitting shall be carefully inspected on the inside and outside to see that there is no defective workmanship of the pipe or obstructions in the pipes and fittings. Mariners Park Restroom SECTION 15400 - PLUMBING - 8 0 • I. Cast iron hubless joints. Shall be installed in accordance with manufacturer's recommendations. J. Screwed steel pipe joints: Pipe shall be properly reamed and threads cut straight and true. Apply Crane Thread Lubricant or Grinnell Fig., 1698 not more than two (2) threads shall remain exposed. K. Copper tubing with soldered joints: Tubing shall be properly cut and thoroughly cleaned on the inside and outside to a bright finish slightly longer than the depth of the fitting. Application of solder shall be in accordance with the manufacturer's recommendation and solder shall have a melting point in excess of 440 °F. L. Welded joints: 1. Welds shall be made with electric arc using suitable coated rods. 2. Joints shall be properly beveled and cleaned before welding. 3. All joints shall be made by a qualified welder. 4. All welding shall be done in accordance with American Welding Society Standard and governing codes. M. Dielectric connection: 1. Location: For connection between dissimilar metals, in the piping systems, to control corrosion caused by galvanic or electrolytic action. 2. Type: Union for sizes 2" and smaller and flanges for sizes 2 -1/4" and larger. 3. Manufacture: Epco. 2.03 , Plumbing Fixture and Equipment A. Furnish and install, complete, all plumbing fixtures and trim and fittings in quantity and location as shown on the drawings and in accordance with the requirements of these specifications. B. All trimmings, such as P -traps and fixture fittings and stops and wafter supply pipes, escutcheons, etc., shall be brass, chrome plated. C. All fixtures shall be firmly anchored and free from undue vibrations. D. At sinks, lavatori es and where required, the cold water faucet shall be centered. E. Refer to the plans for the Fixture Schedule. 1. Cleanouts: a. Provide and install deanouts where indicated on drawings and at all bends, angles, upper terminals and not over100 ft. apart. All shall be accessible, if not, they shall be extended to the floor above or outside the building in manner acceptable to City. b. All cleanouts shall have C.I. body and bronze plug. All flush with floor deanouts shall have adjustable watertight covers. When water - proofing membrane is used the deanout body shall have internal anchoring flange and heavy damping collar. Equals by Josam or Zurn are acceptable. Mariners Park Restroom SECTION 154M- PLUMBING - 9 • • 2. Valves: a. All piping systems shall have valves at points shown:n on the drawings and as required for complete isolation of all equipment, arranged so as to give complete and regulating control of piping systems throughout the - building. All valves shall be installed with best of workmanship, with neat appearance and grouping, so that all parts are easily accessible for maintenance. b. Figure numbers listed are given as standard for type and construction. Valves for similar service shall be of one manufacture. C. Trim shall be as recommended by the manufacturer for the service on which valve is to be installed. d. Valve schedule: VALVE SCI iEDULE TYPE CRANE KENNEDY NIBCO /SCOTT STOCIQdAM WALWORTH Gate 1320 427 -SJ S-113 B- 112 4-SJ Globe 1310 89 -sJ S -211 -Y B -14 95 -SJ Check 1342 440-SJ 5 -413 -Y B -310 406-SJ Ball S-580 2.04 Grouting Behind Fixtures A. Grout behind all wall-hung plumbing fixtures with hard, white durable plaster material eliminating all voids and cracks and providing sufficient plane bearing surface for mounting. 2.05 Pipe Wrapping A. All buried water piping inside and outside the building shall be wrapped. Wrapping shall consist of 0) one layer of 3M No. 51 Smtchrap applied over "Scotchrap" Pipe Primer. Contractor shall apply "Scotchrap" Insulation Putty at all fittings and joints. Pipe wrapping shall extend a minimum of (1) one foot above grade. The Primer, Putty and Wrapping shall be done in accordance with data published by 3M. After completion of all wrapping, the Contractor shall check the pipe wrapping, for holidays. The minimum voltage used for checking the holidays shall be 200 times the mil thickness of the wrapping used. All test results shall be delivered to the Mechanical Engineer for review prior to backfilling. All trenches shall have a minimum of 6" clean washed sand on the trench bottom and shall be backfilled with clean washed sand to a minimum of 12" above the piping. 2.06 Sterilization of Water Lines A. Sterilize each unit of water supply and distribution system with chlorine before acceptance for operation. Mariners ParkRestroom SECTION 154M - PLUMBING -10 4W 40� B. Materials: 1. Liquid chlorine conforming to U.S. Army Specification #4-1. 2. Hypochlonte conforming to Federal Specification C- B- 441 -A, and amendment 2, Grade D. 3. Minimum dosage of chlorine to be 50 parts per million. C. Procedure to be followed: 1. Allow contact period of not less than eight hours, then flush system with clean water until residual content is not greater than 0.2 parts per million. 2. Flush the entire system including hose bibbs, fixture outlets, dead ends, and other points where dead water tends to collect. 3. Open and close all valves several times during contact period. Provide isolation valves as required. END OF SECTION Mariners Park Restroom SECTION 15400- PLUMBING -11 41W 41W Permits and Inspections: The Contractor shall obtain and pay for all permits and inspections required for the work by all legally constituted authorities having jurisdiction. Certificates of all such permits and inspections shall be delivered to the City's representative. Examination of Drawings and Site: Each bidder shall carefully study all drawings and specifications pertaining to the work. If any of the work as laid out, indicated or specified, is contrary to, or conflicts with any local, city, state, or national ordinancesor regulations, the same shall be reported to the City before submitting his bid, who will then issue instructions as to procedure. Each bidder shall carefully examine the project site, and compare the drawings with the existing conditions. By the act of submitting a bid, each biddershall be deemed to have made allowancestherefore in preparing his bid. Verification of Dimensions: Before proceeding with any work, the Contractor shall carefully check and verify all locations, dimensions, sizes, etc. and shall assume full responsibilityfor the fitting-in of his equipmentand materials to other parts of the equipment and to structures. Where apparatus and equipment have been indicated on the drawings, dimensions have been taken from typical equipment of the indicated type. The Contractor shall carefully check the drawings to see that the equipment he contemplates installing will fit into thespaces provided and not conflict with proposed uses or activities. E. Locations: The locationof all conduit, wiring, apparatus and equipmentindicatedon the drawings is approximate only, and shall be adjusted to meet site conditions and not be in conflict with proposed site improvements, and to meet Engineerural and structural conditions required, and as approved by the Engineer. Prior to rough -in, minor adjustments to outlet locations may be made without additionalcompensation. Fieldverify all roughin dimensions prior to conduit installation. All conduits except for the chase shall be consealed All conduit, wiring, apparatus and equipmentshall be installed in a manner and in locations avoiding all obstructions, preserving headroom, and keeping openings and passagewaysclear. Changes shall be made in locations of conduit, wiring, equipment, and materials which may be necessary in order to accomplish this. The drawings are essentially diagrammatic to the extent that many offsets, bends, special fittings and exact locations are not indicated. Carefully study the drawings and premises in order to determine the best methods, exact locations, routing, building obstructions, etc., and install all apparatus and equipment in the available locations. F. Record Drawings: Mariners Park Restroom 16010 — Electrical - 3 • • The Contractor shall keep at the job site an accurate dimensioned record of the "as- built" locations of all buried conduits and ducts. At the completion of the project, such "as- built" drawings shall be transmitted to the Engineer. G. Submittal Data: Shop drawings, material lists, and plates and brochures, as required by the specifications, shall be prepared and submitted to the Engineer for review in accordance with the requirements of Division 1. No work indicated on any shop drawing shall be started until such drawings have been reviewed and approved. Submit complete brochures giving names of manufacturers and catalog numbers, trade names, the technical data, and requested information for each item to be furnished. Submit shop drawings and detail description of items that are not manufactured and must be specifically fabricated, including wiring diagrams. Submittals are required on every item to be furnished. Submittals shall be bound in sets, between covers, and each set shall be identical. Each item in submittals shall be identified as to fixture type, panel identification, specification section, etc. The Contractor shall review all shop drawings and submittals, prior to submittal, for compliance with the specification. The submittal package shall be stamped and signed by the Contractor indicating his prior review, and certification of compliance with the specification. H. Descriptive Names: Reference to specific manufacturers and catalog numbers is intended to establish the required standard. Substitutions may be approved, if they are determined by the Engineer to be equal to those specified in quality, performance and appearance. The Contractor shall be responsible for any changes in cost caused by the substitution which affects other parts of his own work, or the work of other trades. Requests for substitutions shall be accompanied by literature which completely describes the proposed substitution, and clearly indicates all variances from that specified, and the net cost to be credited to the City is such substitutions are allowed. I. Value Engineering: 4 Mariners Park Restroom 16010 — Electrical - 4 Cost reduction proposals initiated and developed by the Contractor causing any changes in the drawings, designs, cations,or work of other trades, shall be presented for consideratLonwithin ecifi seven (7) working days of award of contract. Cost reduction proposals shall contain the following minimum information for each item proposed: A description of the difference between the existing contract requirements and the proposed change, and the comparative advantages and disadvantages of each; An itemization of the requirements of the contract which must be changed is the proposal is adopted; An estimate of the reduction in performance costs, if any, that will result from the adoption of the proposal taking into account the costs of implementation by the Contractor (including the amount attributable to subcontractors and Engineers for design changes, change orders, and evaluation of proposal); A prediction of any effects the proposed change would have on other costs to the City, such as costs of maintenance and operation; A statement of the time by which a change order adopting the proposal must be issued so as to obtain the maximum cost reduction during the remainder of this contract, noting any effect on the contract delivery schedule. J. Materials and Workmanship: All material, appliances, and equipment shall be new and of the best grade of the respective land, free from all defects and of the make, brand and quality specified. Materials for similar use shall be of the same type and manufacture. The current or newest productionmodel of equipment as determinedby the manufacturer's most recent published literature shall be furnished even though an obsolete model may be specified and stocked. Each major component of equipment shall have the manufacturer's name, address, and catalog number on a plate securely affixed in a conspicuous place. No items of material shall be installed for any purpose, or in any manner not recommended by the manufacturer. 5 Mariners Park Restroom 16010 — Electrical - 5 0 0 K Openings, Cutting and Patching: The Contractor shall cooperate with all trades in providing information for openings required in the structure for construction of his work- The Contractor shall, at a time in advance of the work, verify the openings as shown on the Engineerural and Structural drawings. If the work of this division requires such, he shall furnish new instructions as to his requirements for these openings, subject to approval by the Engineer. Drilling, cutting and patching required by the Contractor's work shall be the responsibility of the Contractor. L Excavation and Backfill: The Contractor shall do all excavation and backfill required to install his work, both inside and outside. All excavation and backfill shall be in accordance with the earthwork sections of the specification. Excavationshall be of proper depth and width to install the required conduits, ducts, or structures. M. Building Footing Clearances: Under no oxcumstances shall conduit or ducts be run through footings. They shall cross below footings or through sleeves above footings. Those running parallel to footings shall be installed with minimum clearances required by the governing codes. N. Cleaning: All exteriorsurfaces of exposed equipmentandmaterials shall be thoroughly cleaned of all dirt, cement, plaster and other debris. All finished surfaces of equipment furnished under this section found to be damaged, shall be refinished without additional cost to the satisfaction of the City. O. Protection of Finish: The Contractor shall provide means for and shall fully protect all finished parts of the materials and equipment against damage from whatever cause during the progress of the work, and until final completion. All materials and equipment in storage, and during construction shall be covered in such a manner that no finished surface will be damaged or marred, and all moving parts shall be kept clean and dry. P. Cleanup: Mariners Park Restroom 16010 — Electrical - 6 • s All work areas shall be policed daily. Upon completionof work and at other times during the progress of the work, the Contractor shall remove all surplus materials, rubbish, and debris resulting from the work, and shall leave the entire involved portions of the site, insofar as the work of this section if concernedin a neat, clean, and acceptablecondition as approved by the City. Q. Guarantee: Should any trouble develop in the eleclricalinstallationwithin one year from date of acceptance of the building, due to faulty or inferior material, or workmanship, the trouble shall be corrected by the Contractor without expense to the City. R. Telephone Service: The Contractor shall provide for the utilities connections as shown on the drawings, and as required by the serving utilities. The Contractor shall contact the utility companies and arrange for the new service, and verify all service requirements. All charges made by the utility companies for the installation of the services shall be paid for by the Contractor. S. Seismic Requirements: Brace electrical systems and equipment to withstand lateral and vertical forces that result from earthquake. Anchor all equipment, switchboards, transformers, panelboards and similar items by securely bolting them in place to the building structure. Brace free standing gear to wall or ceiling per manufacturer's recommendation. Provide vibration isolators with seismic snubbers under transformers. Provide bolts, anchors and bracing to withstand acceleration of 0.5 g. Provide two ten gauge steel support wires on diagonal corners of recessed fluorescent fixtures tied to building structure. Allow 1/4" slack in wire. Provide retainer clips on sides of recessed fluorescent fixturesand attach clips securely to main T -bar runners. Provide approved swivel hangers for pendant mounted fixture suspension. T. Temporary Service: The Contractor shall make all arrangements for, and install the necessary provisions for temporary electrical construction power, sized as required. Mariners Park Restroom 16010 — Electrical - 7 • • U. Flashing: Wherever conduits extend through roof, furnish and install galvanized steel flashings consisting of a #24 gauge roof jack and a flashing collar soldered or brazed to conduit and covering top of roof jack. Roof jack shall extend not less than 6" out on roof and up conduit at least 8 ". Coordinate installation of flashing with roofing installation to permit flanges to be installed between roofing plies. II. MATERIALS A. Partelboards - General: Furnish and install panelboards as indicated on the drawings. Panelboards shall be surface or flush mounted as indicated, and of the voltage rating indicated on the drawings, or in the panel schedules. Panelboards shall be dead front, safety type equipped with thermal magnetic, molded case circuit breakers of interrupting capacity, trip ratings and of the number of poles indicated. Panelboards, as a complete unit, shall have a rating equal to, or greater than, the integrated equipment rating as shown on the drawings. Panelboards shall be enclosed in a steel cabinet. The rigidity and gauge of steel shall be as specified in UL Standard 50 for cabinets. The size of wirin gutters shall be in accordance with UL Standard 67. Cabinets equipped with doors shall have a spring latch and tumbler lock on door of trim. Doors over 48" long shallbe equipped with three pointlatchand vaultlock. Alllocks on project shall be keyed the same. Fronts shall be code gauge steel. Steel shall be full finished with rust inhibiting primer, and baked enamel finish. Panelboard bus structure, copper, rn inlugs, and main breaker, if specified, shall have current ratings as specified on the drawings, or on the schedules. Ratings shall be as determined by heat rise in accordance with UL Standard 67, and not in accordance with bus dimensions. Bus connections shall be sequential. The panelboard interior assembly shall be dead front with the panelboard front removed. It shall be possible to change branch circuit load connections without personnel exposure to any line side bussing, or line terminals. Main lugs, or main circuit breaker, and the end of the bus structure shall be completely barriered. Circuit breakers shall be equipped with individually insulated, braced and protected connectors. The front faces of all circuit breakers shall be flush Mariners Park Restroom 16010 — Electrical - 8 0 0 with each other. Tripped indication shall be clearly shown by the breaker handle taking a position between On and Off. Provisions for additional breakers shall be such that no additional connectors will be required to add breakers. Circuit breakers shall be thermal magnetic type, with inverse time - current characteristics. Multiple pole circuitbreakers shall be common trip with a single operating handle. Handle ties will not be permitted. Neutral busses shall be at opposite end of panel from main. Panelboards indicated shall be furnished with isolated ground bus, or equipment ground bus. Panelboards shall be Square D. B. Panelboards - Lighting and Receptacle: General requirements for lighting and receptacle panelboards shall be as specified above, 'Panelboards, - General' The panelboard door trim shall be furnished with semi-concealed hinges and lock. All panels shall be keyed alike. A 1/32" clearlucite coveredEngineery shallbe providedon the inside of each panelboard door. The Engineery shall be neatly typewritten designating each circuit used. All circuit breakers serving discharge lighting shall be furnished with a lock off device. Permanent type numbers shall be furnished and installed adjacent to the circuit breakers. Numbers shall be either metal or plastic. Stick on types, or tape will not be permitted. Engraved laminated bakelite nameplates shall be furnished identifying the panelboard, panelboard voltage, source or panelboard power, with circuit designation. Provide nameplate schedule for approval. C. Wiring Devices: Wiring devices shall be Hubbell, Sierra, Leviton or Arrow equal to device listed, ivory colored except as noted on plan. D. Receptacles: All receptacles except those equipped with a U.L. approved self- grounding device shall be installed with a bonding jumper for ground between the Mariners Park Restroom 16010 — Electrical - 9 E. F. • 0 grounded outlet box and the receptacle ground terminal. Grounding through the receptacle mounting straps is not acceptable unless receptacles are equipped with U.L. approved self - grounding straps. Duplex convenience receptacles shall be grounding type ,125 volt, 20 ampere and shall have two current carrying contacts and one grounding contact which is internally connected to the frame, with U.L. approved self- groundingstraps. Outlet shall accommodate standardparallel blade cap, shall be side wired only, and shall be one of the following: Manufacturer: Type: Arrow -Hart or Leviton #5252 -51 Bryant or Hubbell #5252 -1 General Electric #GE4060 -2 P & S #5262 -1 Sierra #1400 -SG Slater #5262 -AG-1V Weatherproof convenience outlet shall consist of a duplex grounding type receptacle as specified hereinbefore mounted in a 4" box with single ring of type as required and spring door type cover. Cover shall be one of the following: Manufacturer: Type: Cover for Exposed Box: Arrow -Hart #4500 #4500 -FS or #451 General Electric #GE9226 -5 -- Hubbell #5210 #5211 Leviton #4943 #4942 Slater #3780 #M03780 -FS Circuit Switches: Circuit switches shall be ivory, totally enclosed, bakelite, or composition base, toggle type rated 20 ampere, 277 volts, A.C. for full capacity of contactor for fluorescent lamp loads. Provide single -pole, 2 pole, 3 way, 4 way, momentary contact, weatherproof, lock or other type switches as indicated. Weatherproof switches shall be as specified above complete with weatherproof cover. Plates: Plates shall be supplied for every local switch, receptacle, telephone outlet, etc. All plates shall be furnished with engraved or etched designationsunder any one of the following conditions: 10 Mariners Park Restroom 16010 — Electrical - 10 0 Three gang or larger gang switches. Lock switches. Pilot switches. Switches in locations from which the equipment or circuits controlled cannot be readily seen. Manual motor starting switches. Where so indicated on the drawings. As required on all control circuit switches, such as heater controls, etc. Where receptacles are other than standard duplex receptacles, to indicate voltage and phase. All plates shall be 0.40" stainless steel plates on all outlets, unless specifically noted otherwise. Plates shall be Sierra Manufacturing Company Type 302 alloy only. G. Conduit and Fittings: Rigid steel conduit, fittings and accessories shall be hot - dipped galvanized or sherardized, with threaded connections. Electric metallic tubing (EMT), couplings, and connectors shall be hot -dip galvanized or sharardized. Couplings and connectors shall be of the compression or drive on type. Flexible conduit shall be galvanized steel, and shall be installed with compression type connectors. Liquid tight flexible conduit shall be galvanized steel with molded UL approved covering, and shall be installed with liquid tight fittings. Plastic conduit shall be polyvinyl chloride (PVC) schedule 40. Fittings shall be solvent welded type. Plastic (PVC) coated conduit shall be hot dipped galvanized or sherardized with polyvinyl coating bonded to the outside surface. The thickness of the vinyl jacket shall be a minimum of 20 mils. All couplings shall have a plastic sleeve extending beyond both ends approximately one pipe diameter. H. Pull Boxes and Cabinets: Pull boxes shall be code gauge, galvanized sheet steel, and shall be installed wherever indicated, as required by Code, and as directed in order to facilitate �t Mariners Park Restroom 16010 — Electrical - 11 0 the pulling in of wires or cables in the conduit. All boxes shall be provided with removable covers secured with machine screws. All boxes exposed to the weather, moisture, or special environments, shall be suitable for the installation. Cabinets shall be furnished with a hinged door with a handle and tumbler lock. Locks shall be keyed alike, and same as panelboards. Telephone and relay control cabinets shall be furnished with mounting backboards, 31T' plywood. Boxes and cabinets shall be independently and securely fastened to the structure, and in concealed work shall be set flush with the finished surfaces of the walls or ceilings. Where boxes and cabinets are identified on the drawings, they shall be furnished with engraved laminated nameplates identifying the enclosure. Submit schedule for approval. Underground pull boxes shall be as indicated in the drawings. I. 600 Volt Wire and Cable: Wire and cable shall be delivered to the site in original and unbroken packages marked and tagged with UL labels; size, kind and insulation of wire; month and year of manufacture, not to exceed eight months prior to date of delivery. Conductors shall be copper, 600 volt insulated, or the following types: Conductors for lighting and power shall be THHN or THWN. Conductors for control wiring shall be THIN. Conductors for use in fixture raceways shall be type RHH or THHN if the fixture temperature does not exceed 90 degrees C, AVA shall be used if the fixture exceeds 90 degrees C. Color code for power and lighting systems shall be as follows: 120/208 volt, 3- phase, 4-wire systems, phase A, black; phase B, red, phase C, blue; neutral, white; ground, green. J. Enclosed Safety Switches: All safety switches, unless otherwise specified or shown on the drawings, shall be 250 volt class. All switches shall be of the visible blade type, heavy 12 Mariners Park Restroom 16010 — Electrical - 12 0 0 duty, horsepower rated. Switch handles shall be capable of being locked in the open or closed position. Safety switches for disconnecting use only shall be of the non - fusible type. Switch size shall be as required by Code, unless shown on the drawings to be of a larger size. Switches shall be suitable for the environment in which they are mounted. Fuses shall be dual element, and current limiting, of the sizes shown on the drawings, as manufactured by "Bussman ". Provide 10 percent but not less than three spare fuses for each size and type fuse specified. Identified switches, and switches for mechanical equipment, shall be furnished with engraved laminated nameplates indicating their use, equipment designation, and feeder source. Submit nameplate schedule for approval. Manufacturer shall be General Electric or Square D. K Lighting Fixtures and Lamps: The Contractor shall furnish and install lighting fixtures indicated in the FDCTURE SCHEDULE on the drawings, complete with all necessary mounting hardware, and lamps indicated. Lamps shall be as manufactured by General Electric, Philips, or Sylvania. Fluorescent lamps shall be "Watt Miser" type, 2850 lumen minimum, unless otherwise noted. All fluorescent ballasts for indoor fixtures shall be CBM, ETL approved, electronic type. Ballasts for exterior use shall be low temperature starting type. All exterior lighting fixtures shall have damp location label. Metal halide lamps and ballasts shall be pulse start, high output with reduced color shift. L. Nameplates: Provide white on black nameplates for each service equipment, panel, terminal cabinet, pull box, disconnect switch and lighting control cabinets to correspond with designationson the drawings. Nameplates shall be secured with screws, bolts, or rivets. Other means of attachment shall not be accepted. "Dymo" type labels will not be accepted. 13 Mariners Park Restroom 16010 — Electrical - 13 IIl. INSTALLATION A. Conduit: Conduits run exposed and subject to mechanical injury shall be rigid heavywall galvanized steel. All underground conduit runs shall be PVC with rigid steel sweep ells and rigid steel risers. All conduit runs made up either in part or entirely with PVC shall contain a green grounding conductor. All stub ups into switchboards and poles shall be rigid steel conduit with ground bushings properly grounded. All stub outs shall be terminated with noncemented approved PVC caps. All underground conduit containing cable shall be sealed with duct at each end. Underground conduits shall be installed 24" minimum depth. A 2" wide yellow plastic warning tape " CAUTIONED - BURIED ELECTRICAL LINES BELOW" shall be installed 12" below finished grade in all trenches. All panelboard feeders shall be rigid heavywall steel, where installed above grade. Flexible conduit shall be installed to all rotating or vibrating equipment. Sealtite conduit shall be used for all exterior equipment. Flexible conduit for motor connections shall have a maximum length of 36 inches. A ground wire shall be installed in all flexible conduit Exposed conduits one inch and smaller shall be secured to the building construction with one hole straps, spaced as required by Code. All concealed or exposed conduit larger than one inch shall be secured in place with T & B, or equal, pipe straps, suspended pipe hangers, or grouped on racks. Rods or pipe supports shall be screwed to wood construction with wood or lag screws, and to concrete with concrete inserts. Exposed conduit shall be uniform and symmetrical, rigidly and securely fastened to the structure. Perforated pipe strap may not be used. Conduits shall not be supported from ducts, pipes of other trades, or from suspended ceiling members, unless specifically approved by the Engineer. 14 Mariners Park Restroom 16010 — Electrical - 14 0 0 Conduit shall not be run closer than 6 inches to any hot water pipe, steam pipe, heater flue, or vent. Factory ells shall be of the same make, quality, and finish as the conduitused, or ells may be formed from conduit using approved factory benders. All conduit ells used on the underground distribution shall have a minimum radius of ten times the conduit size where rising into equipment, or vertical runs, and shall be rigid heavywall steel or plastic coated or wrapped rigid heavy wall steel. Changes of direction in underground or underfloor conduit runs shall be made with long radius sweeps. Connectors and couplings for EMT shall be of the compression or drive on type. Set screw or indenter type will not be allowed. No running threads or split couplings will be permitted. Conduit terminations at outlets, boxes and cabinets shall be provided with locknuts and bushings. Ends of conduit 1 1/4' trade size and larger, and conduits containing #4 AWG size cables, and larger, shall be equipped with insulated bushings. Feeder conduit bushings shall be grounding type. All conduletbodies installed in any location where moisture is apparent, shall be equipped with rubber gaskets. The Contractor shall furnish and install fittings, special devices and material, which may be required for the proper installation of the conduit system. Conduits shall be thoroughly swabbed out. The Contractor shall leave all conduits dry and clean of obstructions. Conduits stubbed up during the course of construction shall be capped with a fitting approved for the purpose. Conduit and metallic raceway systems shall be mechanically and electrically continuous from sources of current to all outlets in a manner to provide a continuous grounding path. Conduits stubbed through concrete floors shall be rigid steel, and shall have a conduit couplingfinished to the floor line. Empty conduitsshall be plugged with a conduit plug at the floor line. Install a 3/16" nylon line, end to end in each spare or empty conduit, with a tag at each end, designating opposite terminus of the conduit, and planned use or designation of conduit. 15 Mariners Park Restroom 16010 — Electrical - 15 0 0 B. Wire and Cable: Unless otherwise noted on the drawings, all wire and cable shall be installed in conduits. All lighting, power and control circuits shall be identified at each terminus, and in each junction or pull box. Lighting and power circuits shall be identified as to panel and circuit. Wire markers shall be Brady, or equal. C. Fixtures: Fixtures shall be properly and securely installed, level, plumb and in line, on outlets, and connected to the wiring, ready for operation. Each fixture shall be completely and properly assembled, with screws and nuts tight, and parts, wire, screws, nuts, washers, lockouts, bushings, etc., furnished and installed by the Contractor to make the fixtures and the installation complete, safe and substantial. Parts, indudingpaint and finish, shall be clean and undamaged, and the entire installation shall be first class materials and workmanship, satisfactory to the Engineer. Recessed fixtures shall be equipped with the proper frames and supports as required by the particular type of ceiling. The units shall be properly sealed to prevent light leaks. Recessed fixtures shall be connected with flexible conduit from adjacent outlet boxes. The conduit shall be of sufficient length so that the unit can be easily removed from the ceiling and disconnected from the circuit. Surface fixtures, weighing not more than 25 pounds, may be supported by the outlet box. Fixtures that weigh more than 25 pounds shall be supported independently of the outlet box. All fixture supports shall have a safety factor of 4. D. Mounting Heights: Unless specified elsewhere, or shown, the following mounting heights shall apply: Panelboards over 29" high: 6'-6" to handle of highest circuit breaker Disconnect switches: 4' -6" to center line E. Grounding: The service ground shall be a footing steel "UFER" ground in accordancewith the NEC paragraph 250- 81(c), or as shown on the drawings. Braze, or thermoweld, a copperdad steel rod to the reinforcing steel. Extend the rod 16 Mariners Park Restroom 16010 — Electrical - 16 to the service switchgear so as to make it permanently available for connecting to the ground conductor. Resistance of the "UFER" ground shall not exceed five (5) ohms. Ground conductor shall be THWN insulated stranded copper conductor installed in conduit. Connect to the ground rod, and extend to the ground bus in each service. A ground conductor shall be used for transformer grounding. The interior cold water piping system shall be bonded to the "LIFER" ground rod, with THWN copper conductor installed in conduit. All equipment, including switchboard, service entrance equipment, conduit system, motors, and other applicable apparatus, shall be grounded, or bonded. Equipment grounding conductors installed in conduit shall be in accordance with the following schedule as a minimum: Circuit Breaker/ Fuse Size Ground Conductor OA to 20A #12 Copper 21A to 60A #10 Copper 61A to 100A #8 Copper 101A to 200A #6 Copper 201A to 400A #3 Copper F. Painting: Factory finish paint: junction and pull boxes, panelboards, switchgear, cabinets, equipment enclosures, lighting fixtures. Field paint: All ferrous material, not having a factory finish, shall be given a prime coat of zinc chromate. Finish coat shall be field painted in accordance with Division 9, as required. All electrical work shall be left in proper, clean dry, smooth condition to receive the painting work- Iv. QUALITY ASSURANCE A. As -Built Drawings: Maintain in good order in the field office a complete set of electrical drawings. All changes to the contract shall be clearly recorded on this set of drawings. Maintain a completely dimensioned record of all buried conduits exterior to the building. Dimensions shall include depth from finished grade or datum, 17 Mariners Park Restroom 16010 — Electrical - 17 and dimensions to two fixed points above grade, for all changes in direction, to define the routing of all buried conduits. Maintain a record of the routing of all major feeder conduits inside of the building. At the end of the project, the Contractor shall turn the drawings over to the Engineer. Each drawing shall be initialed by the Contractor, certifying the correctness of the "As- Built" drawing. B. Tests: Upon completion of the work, and adjustment of all equipment, all systems shall be functionally demonstrated to the City's representative or the Engineer. All systems shall function electrically in the manner required. The Contractor shall furnish all necessary instruments and equipment required for making tests, and shall test all wiring for shorts, open circuits, grounds, etc. 18 Mariners Park Restroom 16010 — Electrical - 18 • APPENDIX Mariners Park Resfroom APPENDIX 4 Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY November 16, 2007 Project No. 602066 -001 To: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Mr. Fong Tse Subject: Geotechnical Recommendations for the Proposed Restroom Building in Mariners Park, City of Newport Beach, California Introduction hi response to your request, Leighton Consulting, Inc. has prepared this report to provide geotechnical recommendations for the proposed restroom building at Mariners Park in the city of Newport Beach, California. This report is prepared based on a site plan provided by you, and our conversation with Ron Yen, the project architect. This report presents our findings, conclusion and design recommendations for the restroom building. Proiect Description The proposed restroom building has a footprint of approximately 40 feet by 40 feet. It will be located near the eastern portion in Mariners Park. The restroom building is anticipated to be a one -story masonry structure with finish grade similar to the existing adjacent grades. We also understand that no retaining structures are planned for this project. The location of the restroom is shown on Figure 1, Site Location Map, 17781 Cowan ■ Irvine, CA 92614 -6009 949.2519836 ■ Fax 949.250.1114 ■ www.leightonconsuMng.com • Geotechnical Exploration and Subsurface Condition • 602066 -001 On November 8, 2007, Leighton Consulting performed a site reconnaissance with a City of Newport Beach representative and excavated 2 hand auger borings at the proposed restroom location. The borings were excavated to approximately 7 feet below current grade. Bulk samples of the near surface soils were collected from the borings for corrosion tests. The subsurface soils within the borings consist of artificial fill over alluvium. The fill extends to approximately 2 to 3 feet below current grade and consists of topsoil and silty sand. The consistency of the fill was loose to medium dense. Alluvium below the fill consists of medium dense sand and silty sand. Groundwater was not encountered within the borings during the exploration. However, we understand from the City's representative that a wet layer may be present at approximately 7.5 to 8 feet below grade based on the City's experience at the adjacent construction. Conclusion Based on the subsurface exploration, we are of the opinion that the project is feasible from a geotechnical standpoint. Recommendations for the proposed improvement are presented below. Site Grading Recommendations Prior to construction, the site should be cleared of topsoil, vegetation, trash, and debris, which should be disposed of offsite. Efforts should be made to locate any existing or abandoned utility lines in the area. Those lines should be removed or rerouted if they interfere with the proposed construction, and the resulting cavities should be properly backfilled and compacted. To reduce the potential for adverse differential settlement of the proposed improvements, we recommend the fill to be removed and recompacted within the improvement area. The depth of removal is anticipated to be 2 to 3 feet. Local areas may require deeper excavations to remove the fill and unsuitable soil. The overexcavation and recompaction should extend laterally to a minimum of 3 feet beyond the improvement area, wherever possible. Exposed subgrade soil surfaces, including all excavation or removal bottoms, should be observed by the geotechnical consultant's representative prior to placement of fill or other improvements to verify that suitable soil is exposed. Subgade surfaces suitable for fill placement or other improvements should be scarified to a depth of 6 inches, moisture - conditioned to 2 to 3 percent LA 2 Leighton 602066 -001 above optimum - moisture content and compacted to a minimum of 90 percent of the ASTM Test Method D1557 laboratory maximum density. The onsite soil, free of topsoil, vegetation, organic material, cobbles, boulders, rubble or rock 6 inches or larger, is suitable to be used as compacted fill. Import soil should be evaluated and tested by the geotechnical consultant before importing. All fill soil should be placed in thin, loose lifts, moisture- conditioned, as necessary, to 2 to 3 percent above optimum moisture content, and compacted to minimum of 90 percent as determined by ASTM Test Method Dl 557. Aggregate base should be compacted to a minimum of 95 percent relative compaction. Foundation Recommendations The proposed restroom may be supported on conventional shallow foundations founded on compacted fill or competent soil. For the design of the conventional shallow foundation, an allowable bearing pressure of 1,500 pounds per square foot (psf) may be used for spread footings. We recommend that the footings have a minimum width of 18 inches. At a minimum, the bottom of the footing should be embedded at least 12 inches below adjacent grade. The recommended bearing pressure values were derived based on a maximum post - construction settlement of '/2 inch or less. Since the settlement depends on the size of the footing and the contact bearing pressure, the estimated settlement should be reviewed by Leighton Consulting when final foundation plans and loads for the proposed improvement become available. Resistance to lateral loads will be provided by a combination of friction between the soil and foundation interface and passive pressure acting against the vertical portion of the footings. For calculating lateral resistance, a passive pressure of 250 psf per foot of depth to a maximum of 2,500 psf and a frictional coefficient of 0.25 may be used. No reduction is necessary when combining both passive and frictional resistance. The above - recommend allowable bearing pressure has incorporated a minimum safety factor of 3. However, no safety factor has been incorporated in the recommended values for frictional and passive resistance. All the above recommended values can be increased by one -third for transient loads such as wind and seismic forces. 49 3 Leighton 0 Slab -On -Grade Recommendations 0 602066 -001 Slabs -on -grade should be placed on properly prepared compacted fill as described above. Prior to concrete placement, the exposed subgrade should be scarified to at least 6 inches, moisture - conditioned to two percentage points above optimum moisture, and then compacted to 90 percent of the ASTM Test Method D1557 laboratory maximum density. The subgrade should not be allowed to dry prior to concrete placement. The structural engineer should design the actual slab thickness and reinforcement based on structural load requirements. In areas where moisture - sensitive floor coverings are planned, a vapor barrier is recommended. The vapor barrier should be sandwiched between two 2- inch -thick layers of clean medium - grained sand. It should be noted that the vapor barrier will retard but not eliminate moisture vapor migration through the slab. `Breathable' floor coverings or special slab sealants should be considered if the vapor migration rates are high. Floor covering manufacturers should be consulted for specific recommendations. Care should be taken to avoid slab curling if slabs are poured in hot weather. Slabs should be designed and constructed as promulgated by the Portland Cement Association. Prior to the slab pour, all utility trenches should be properly backfilled and compacted. For areas that will be subjected to truck traffic, reinforced Portland Cement concrete pavement may be used. The Portland Cement should consist of a minimum 6 inches of reinforced concrete cement over 4 inches of aggregate base. Corrosion Protection Recommendations The results of chemical tests performed on the soils are summarized and discussed below. Test Range of Test General Classification of Hazard Measurements Water- Soluble Sulfate in Soil (percent) 0.0029 Negligible Exposure to Attack on Concrete Water- Soluble Chloride Reinforced Concrete will have a Low in Soil ( pm) 171 Exposure to Chloride from Soil H 7.2 Neutral soil Minimum Resistivity (saturated, ohm -cm) 1,480 Severely Corrosive to Buried Metals 49 -4- Leighton • • 602066 -001 Based on the test results, concrete structures in contact with the onsite soil is expected to have negligible exposure to water - soluble sulfates in the soil. Common Type lI cement may be used for onsite concrete construction and the concrete may be designed for negligible sulfate exposure in accordance with Chapter 19 of the CBC 2001. The soil is considered severely corrosive to ferrous metal. The corrosion information presented in this report should be provided to the underground subcontractors for additional remedial recommendations, if necessary. Pipe Bedding and Utility Backfill Recommendations Any proposed pipes should be placed on properly placed bedding materials. Pipe bedding should extend to a depth in accordance to the pipe manufacturer's specification. The pipe bedding should extend to least 12 inches over the top of the pipeline. The bedding material may consist of compacted free - draining sand, gravel, or crushed rock. If sand is used, the sand should have a sand equivalent of 30 or greater. Trench excavations above the pipe bedding may be backfilled with onsite soils under the observation of the geotechnical consultant. All fill soils should be placed in loose lifts, moisture - conditioned to 2 to 3 percent above optimum - moisture content, and compacted to a minimum of 90 percent relative compaction, as determined by ASTM Test Method D1557. Lift thickness will be dependent on the equipment used as suggested in the latest edition of the Standard Specifications for Public Works Construction (SSPWC). The fill soils should extend to the bottom of the aggregate base for the new pavement, if any. Aggregate base should be moisture - conditioned between optimum and 2 to 3 percent above optimum - moisture and compacted to a minimum of 95 percent relative compaction based on ASTM D1557. All compaction should be performed by mechanical means. Limitations The geotechnical recommendations presented in this letter are based on subsurface conditions as interpreted from limited subsurface explorations and limited laboratory testing. Leighton Consulting should review the project plans and specifications, when available, to comment on the geotechnical aspects. The recommendations should be revised, as necessary, based on future plans and incorporated into the final design plans and specifications. Conclusions and recommendations presented in this report should be reviewed and verified by Leighton 5- Leighton • 602066 -001 Consulting during site construction and revised accordingly, if exposed geotechnical conditions vary from our preliminary findings and interpretations. The recommendations presented in this report are only valid if Leighton Consulting verifies the site conditions during construction. This investigation was performed using the degree of care and skill ordinarily exercised, under similar circumstances, by reputable geotechnical consultants practicing in this or similar localities. The findings, conclusion, and recommendations included in this report are considered preliminary and are subject to verification. We do not make any warranty, either expressed or implied. Closure If you have any questions regarding this report, please do not hesitate to contact this office. We appreciate this opportunity to be of service. N0.67879 Exp. &30-9 EDNNOLUM SWROWS No. 1750 CERTIFIED ENGINEEPoNG GEOLOGIST VMC /ELB/lr Attachments: Figure 1 — Site Location Map Boring Logs Corrosion Test Results Distribution: (2) Addressee Respectfully submitted, LEIGHTON CONSULTING, INC. J Vivian M. Cheng, PE 67879 Project Engineer Edward L. Burrows, PG, CEG 1750 Director of Geology 49 6 Leighton GATECHNICAL BORING LO•HA -1 Date 11 -8 -07 Project Bonita Canyon Sports Park West and Mid Restroom Buildings Drilling Co. N/A Hole Diameter 3.5 Drive Weight NIA Elevation Top of Hole I Location Sheet 1 of 1 Project No. 602066 -001 Type of Rig Hand Auger Drop 0" See Boring Location ° e° �" DESCRIPTION ^.,m tin Lm a e q° 3— cw 3c VU ee >V- we eU. o-o to r Q X_ mo Do- me r+ —fO .~. O W a N my 2' M0 Logged By CDL CL n rn? Sampled By COL 0 Arffcial FIR Afu t with Clay (topsoil), dark brown, moist. loose, fine g�re�tied sand, swangg organic odor. Q 0S'-. SAND with Si14 tight brown, damp to moist with depth, ' Bag -1 SM -S medium dense, fine gramed sand. .. uaterna Alluvium al: ' nd t, mown, moist, significant density increase, fine warned sand. SAND, brown, moist, medium dense, fine grained sand, trace silt. 5 �'3- 0 4': Silty SAND, brown, moist, medium dense, fine grained sand. ': Silty SAND, brown, very moist, predominately fine grained sand with medium ' ed sand resent, Enable refusal. Total depth of boring = 7 feet No groundwater was encountered during excavation. Boring was backtilled with adjacent soils and tamped. 10 15 20 25 30 SAMPLE TYPES: TYPE OF TESTS: S SPLIT SPOON G GRAB SAMPLE S DIRECT SHEAR -200 200 WASH R PoN M G SAMPLE C CORE SAMPLE MD MAXIMUM DENSITY AL ATT TfERBFRG LIMITS B BULK SAMPLE CN CONSOLIDATION El EXPANSION INDEX T TUBE SAMPLE SU SULFATE CONTENT RV R -VALUE 0 0 GEOTECHNICAL BORING LOG HA -2 Date 11 -8-07 Sheet 1 of 1 Project Bonita Canyon Sports Park West and Mid Restroom Buildings Project No. 602066 -001 Drilling Co. NIA Type of Rig Hand Auger Hole Diameter 3.5 Drive Weight NIA Drop 0" Elevation Top of Hole Location See Boring Location Map s r m= V;— DESCRIPTION m c t.. t, °' 2 w ° Ti ° W mLL CLL m-0J r a a x C CL c w t9 a my gV h� Logged By CDL a OL Sampled By CDL 0 Artificial Fill Afu i ty topsoil), dark brown, moist, loose, fine grained sand, trace content of clay. (a3 03: Silty SAND, brown, moist, medium dense, fine grained sand. Bag -1 SMS Ouaternary Alluvium fOal): �u � :Kivu wrur arq ugm Drown, moist, medium dense, fine grained sand. 5 Q 5': Silty SAND, brown, very moist, medium dense, pockets of coarse grained sand within fine grained sand matrix. Silty SAND, bmwq moist, dense (significant density increase), fine ined san friabl 0.5mm void orosi . Total depth of boring = 7 feet. No groundwater was encountered during excavation. Boring was backfilled with adjacent soils and tamped. 10 15 20 25 30 SAMPLE TYPES: TYPE OF TESTS: S SPLIT SPOON G GRAB SAMPLE DS DIRECT SHEAR - 200 200 WASH R RING SAMPLE C CORE SAMPLE MD MAXIMUM DENSITY AL ATTERBERG LIMITS ig B BULK SAMPLE CN CONSOLIDATION El EXPANSION INDEX T TUBESAMPLE SU SULFATE CONTENT RV R -VALUE 4 Leighton 0 0 SOIL RESISTIVITY TEST DOT CA TEST 532 / 643 Project Name: Mariners Restroom Project No.: 602066 -001 Baring No.: HA -1 & HA -2 Sample No.: B -1 Soil Identification: Brown (SM) Tested By : V. Juliano Date: 11/09/07 Data Input By: L. Fruth Date: 11113/07 Depth (ft.) : 0 -5 Moisture Content °h, MC 6.27 Adjusted 200.82 Dry Wt. of Soil + Cant 192.29 Water 56.26 Resistance Soil Specimen Added (ml) Moisture Reading Resistivity No. (Wa) Content (ohm) (ohm -cm) MC 1 100 14.45 300 2024 2 200 22.62 240 1619 3 1 300 30.79 220 1484 4 400 38.97 230 1552 5 Tested By : V. Juliano Date: 11/09/07 Data Input By: L. Fruth Date: 11113/07 Depth (ft.) : 0 -5 Moisture Content °h, MC 6.27 Wet Wt. of Soil + Cont g 200.82 Dry Wt. of Soil + Cant 192.29 Wt. of Container g 56.26 Container No. DOT CA Test 532 / 643 Initial Soil Wt. (g) (Wt) 1300.00 Box Constant 6.746 MC = 1 +Mei 100 x a /Wt +1 -1 x100 Min. Resistivity (ohm -cm) Moisture Content ( %) Sulfate Content (ppm) Chloride Content (ppm) Soll pH pH J Temp. CC) DOT CA Test 532 / 643 DOT CA Test 417 Part 11 DOT CA Test 422 DOT CA Test 532 / 643 1480 31.5 285 171 7.23 21.9 2100 2000 1900 U p 1600 A Y .' 1700 �N d Cr 1600 O 1n 1500 1400 +- 10.0 15.0 20.0 25.0 30.0 35.0 40.0 Moisture Content (%) ( Lasi K4e7) — CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 May 13, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran 949 - 6443340 orftran @city.newport- beach.ca.us SUBJECT: Mariners Park Restroom Construction - Award of Contract No. 3992 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 3992 to Nile Advanced Construction, Inc., for the Total Bid Price of $543,000, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish $54,300 to cover the cost of unforeseen construction work. 4. Establish an amount of $42,500 for supplemental expenses including $15,000 to cover an early completion incentive, $22,500 for geotechnical and material testing services, and $5,000 for building inspection and miscellaneous expenses. 5. Approve a budget amendment transferring $639,800 from unappropriated General Fund balance into Account Number 7015- C5100909. Discussion: At 11:00 a.m. on April 22, 2008, the City Clerk opened and read the following bids: BIDDER Low Nile Advanced Construction, Inc. 2 Hondo Engineering Contractors 3 Delt Builders 4 Tei -Tech Construction, Inc. 5 Hanan Construction Company, Inc. 6 General Consolidated Contractors 7 MJ Contractors, Inc. 8 Horizons Construction Co. International, Inc. 9 Coppertop Enterprises, Inc. 10 Burge Corporation 11 Metro Builders 12 Newman Midland Corp. 13 Omari Construction Co. TOTAL BID AMOUNT $543,000.00 $596,610.00 $602,500.00 $618,926.00 $646,000.00 $647,000.00 $655,000.00 $657,662.00 $679,612.58 $685,000.00 $689,524.00 $695,890.00 $834,260.00 ** Corrected Bid Amount is $695,898 '" Corrected Bid Amount is $721,500 • Mariners Park Restroom Con ruction -Award of Contract No. 3992 May 13, 2008 Page: 2 The low total bid amount is approximately 22 percent below the Engineer's Estimate of $700,000. The low bidder, Nile Advanced Construction, Inc. (Nile), possesses a California State Classification 'B" Contractors License as required by the project specifications. A check of the Contractor's references indicates Nile has satisfactorily completed building projects for other agencies. The project specifications provide sixty consecutive working days for Nile to complete the work. In an effort to minimize construction noise and impacts to Mariners Elementary School while school is in session, contract provisions allow for extended work hours (5:00 pm to 6:00 pm weekdays and 8:00 am to 6:00 pm Saturdays) if special permission from the Engineer is first obtained. The specifications also provide for an early completion incentive of $1,000 for each working day that Nile finishes the project ahead of the August 29, 2008 project completion date. The maximum early completion incentive amount that could be earned is $15,000. If work continues beyond the allowed sixty working days, Nile will be assessed liquidated damages in the amount of $1,000 for each calendar day of late completion. During the Mariners Park Improvement project, the outdated restroom building was removed. Since that time, the park has been served by rented portable sanitary facilities. Funding for constructing this new restroom building was not included in the Fiscal Year 2007 -2008 Capital Improvement Program budget. The new replacement restroom building will have the same floor plan and appearance as those constructed for the Bonita Sports Park. It measures approximately 1,1.00 square feet and is sized for the expected number of visitors at the park. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Implementation Guidelines. This Exemption covers the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. A Notice of Exemption has been filed with the County of Orange and the State Clearinghouse. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared notices will be distributed by the Contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. • Mariners Park Restroom Wtion — Award of Contract No. 3992 May 13. 2008 Page: 3 Geotechnical and Material Testing Services: An estimated $22,500 in geotechnical and material testing services will be needed for this project. These tasks will be performed under an on -call professional services agreement with Leighton Geotechnical. Building Inspection and Miscellaneous Expenses: An estimated $5,000 for building inspection and miscellaneous expenses will be needed for this project. Building Inspection will be provided using on -call inspections services agreement. Architectural construction services will be provided by Ron Yeo for this project per a previously executed contract. Funding Availabilitv: Upon approval of the recommended budget amendment, sufficient funds will be available in the following account for the project: Account Description Account Number Amount Mariners Park Improvements - Restrooms 7015- C5100909 $ 639,800 Total: $ 639,800 Proposed uses are as follows: Vendor Purpose Amount Nile Advanced Construction, Inc. Construction Contract $ 543,000 Nile Advanced Construction, Inc. Construction Contingency $ 54,300 Nile Advance Construction, Inc. Early Completion Incentive $ 15,000 Leighton Geotechnical Materials Testing $ 22,500 Various Building Inspection / Misc. $ 5,000 Expenses Total: $ 639,800 Prepared by: Submitted by: *r T. Tran A ciate Civil Engineer e Badum P li or Director Attachments: Project Location Map Budget Amendment ity of Newport Beac� NO. BA- 08BA -068 WX BUDGET AMENDMENT 2007 -08 AMOUNT: $639,800.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from unappropriated General Fund fund balance for the Mariners Park Restroom ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Signed: Signed: Approval: Administrorve Services Director Manager Amount Debit Credit $639,800.00 $639,800.00 .5-- -Gg Date O to Signed: City Council Approval: City Clerk Date Description Division Number 7015 General Fund Capital - Parks Account Number C5100909 Mariners Park Restrooms Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Approval: Administrorve Services Director Manager Amount Debit Credit $639,800.00 $639,800.00 .5-- -Gg Date O to Signed: City Council Approval: City Clerk Date PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA ARCHITECT, INC. FOR MARINERS PARK RESTROOMS BUILDING (C -3992) THIS AGREEMENT is made and entered into as of this 032A, day of kodEni 6fe, 200 " , by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and RON YEO, FAIA ARCHITECT, INC., a California Corporation whose address is 500 Jasmine Avenue, Corona Del Mar, California, 92625 ( "Consultanf'), and is made with reference to the following: RECITALS A City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to construct a new male /female restrooms building within the Mariners Park site. The new building is based on the re -use of the small restroom facility constructed at Bonita Canyon Sports Park. C. City desires to engage Consultant to prepare Construction Documents (Plans, Specifications, and Construction Cost Estimatess) and bidding and construction technical assistance for the new restrooms building ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be Mr. Ron Yeo. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Theterm of this Agreement shall commence on the aboee written date, and shall terminate on the 3151 day of December, 2008, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in Exhibit A. To the extent possible, the Consultant shall make every effort to submit for Building Department building permit no later than December 31, 2007. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by city. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not - to-exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Thirty -Two Thousand Dollars and no /100 ($32,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of • 0 any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant 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 Agreement term. Consultant has designated Mr. Ron Yeo to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION • • This Agreement will be administered by the Public Works Department. Mr. Fong Tse shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A Provide a geotechnical investigative report for the building site. B. Provide the design of all utilities serving the new restrooms within 5 -feet of the new restrooms building footprint. C. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. D. Provide blueprinting and other services through City's reproduction company for bid documents and progress sets. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. E. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (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, attorney's 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 the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant 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 Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee 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. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. Workers' Compensation Coverage. Where applicable, consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, 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 occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 0 0 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement 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 Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. 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. 0 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement 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. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELNERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement • for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES i • All notices, demands, requests or approvals to be given under the terms of this Agreement 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Fong Tse, Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3321 Fax: 949- 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Ron Yeo, ALA 500 Jasmine Avenue Corona Del Mar, CA 92625 Phone: 949 - 644 -8111 Fax: 949 -644 -0449 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. 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, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS 0 0 Consultant 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, that are applicable at the time of Contract Documents preparation. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement 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. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement 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 Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE • 0 The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPR VED AS TO FORM: �— "`� ity Attomey for the City of Newport Beach CRY OF NEWPORT BEACH, A Municip4l Corporation By: e City Manager for the City of Newport Beach CONSULTANT: (Corporate Title: Principal Print Name: Ron Yeo Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 9 RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX: (949) 644 -0449 MEMO TO: Fong Tse, CE, City of Newport Beach Public Works FROM: Ron Yeo, FAIA Architect, Inc. DATE: November 7, 2007 RE: Fee proposal for Mariners Park Restroom building, Newport Beach PORPOSAL Update and re -use the plans for the small restroom in Bonita Canyon. Assuming that there are no changes to the design.. • New structural calculations • Minor revisions to 9 sheets of drawings • Review of specifications • New plumbing drawings • New electrical drawings • Plan check coordination Total estimated fee for construction document phase - $17,000 This is approximately 3 112% of the construction cost. A new structure design would be double the fee. Assistance during bid and construction hourly not to exceed $15,000 ASSUMPTIONS • All direct expense items — plotting & printing will be billed directly to the City's account or be reimbursed at 1.15 the cost. • The overall site design, utilities and Civil work is to be by others. • City will provide geotec report, cadd drawings of the title sheet and site & utility plans • The City standard agreement on "compliance with all laws" shall be modified to delete "whether now in force or hereinafter enacted" • Available but not included in the fee: Detailed construction cost estimate, Environmental documentation, HVAC design, colored renderings, models, public meetings, revisions to previously approved plans, public meetings, electrical engineering SCHEDULE Every attempt will be made to submit to the building department by the end of the year, but with our current commitments, it may slip into 2008. Please call if you have any questions. • • i RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX: (949) 644 -0449 SCHEDULE OF FEES 2008 Rates are affective through December 31, 2008 and subject to escalation each year thereafter. PRINCIPAL ARCHITECT $ 175.001HR. STRUCTURAL ENGINEERING $ 140.00 /HR. CADD DESIGN, DRAFTING $ 110.00 /HR PROFESSIONAL ADMINISTRATIVE STAFF $ 55.00 1HR. PER DIEM /OUT OF MAINLAND SOUTHERN CALIFORNIA = $1,500 1DAY + EXPENSES (travel, accommodations) REIMBURSABLE EXPENSES x 1.15 1. TRAVEL COSTS ON BEHALF OF THE PROJECT (SITE VISITS, CONFERENCE, ETC.) AT .48 /MILE, AIRFARE, AUTO RENTAL. 2. COMMUNICATIONS AND DELIVERY ON BEHALF OF THE PROJECT. 3. FEES PAID FOR SECURING APPROVALS FROM AUTHORITIES. 4. EXPENSE OF REPRODUCTION, CAD PLOTTING, PICK -UP AND DELIVERY. 5. SPECIALIZED SUBCONSULTANTS. 6. SPECIAL INSURANCE REQUIREMENTS. 7. DETAILED COST ESTIMATES.