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Home My WebLink AboutC-4138 - Central Library Air Conditioning RehabilitationCITE' OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC August 27, 2009 Mr. William F. Klenske BK Air Conditioning & Heating 18414 Benbow Street Covina, CA 91722 Subject: Central Library Air Conditioning Rehabilitation (C-4138) Dear Mr. Klenske: On July 14, 2009, the City Council of Newport Beach accepted the work for 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 July 23, 2009, Reference No. 2009000396512. The Surety for the contract is Western Surety Company and the bond number is 70676973. Enclosed is the Labor & Materials Payment Bond. Sincerely, ,f6p Leilani 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 EXECUTED IN FOUR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY AIR CONDITIONII_vG REHABILITATION CONTRACT NO.4138 BOND NO, 70676973 LABOR AND MATERIALS PAYVtF_l ti T DCi if WHEREAS, the City Council of the City of Newport Beach, State of Calitomia, by motion adopted, has awarded to B K Air Conditioning & Heating, hereinafter designated as the "Principal," a contract for construction of CENTRAL LIBRARY AIR CONDITIONING REHABILITATION, Contract No. 4138 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 EMU inrorporatt.-d harem by This reference. WHEREAS, Principal has executed or is cuoW to nxaCure fonts m].. No. 4138 and the terns thereof require the furnishing of a bond, providin; that if I`dnciunl or any of Principal's subcontractors, shall fail to pay for any materials, provimns, 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 sarrse to the extent hereinafter set forth: NOW, 'THEREFORE, We the undersiryned Principal, and; WgS.-..-.--_TERN SURETY OCMPANY du y authorized to transeci buss Under—Fro laws of 1haStata of G'atifornia, n:; Surety. (reff—ed to herein as "Surety) are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Thirty -Five Thousand, Three Hundred Ninety.One Dollars and 80f1CU f$t35,39i.n0} hvIluf money of the United States of America, said sum being equal to 100"l, a` he estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment vvelf and truly to be made, we bind ourselves, our heirs, executors and administrators, scccessors, or assigns, jointly and severalty, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH: that if the frryaoarl of 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, of 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 sante, in an amount not exceeding the sum specified in this Bond, and also, in case suit ;s brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of tho State of Carrforra�1. 28 The Band shalt inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 or the Caiiiorr,O Civil Co(PI so as to dive a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance will) the provisions of Sections 3247 et. seq. of the Civil Corle of the Stat:: of (>Jifornia. 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 Mse 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 ConUnal or to the work a)r to the sl.>ecificati(n,. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shalt not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duly exoruted by the above named Principal and Surety, an 1110 9th day of, ... ....... March....ZL109. ............ B K i Condition -Ing & eating (Principal) Authorized SignaturelTitle / hl�f.`t1Yd7b IG QIY Name of Surety 101 S. Phillips Ave. Sioux Falls, SD 57104-67_03 Address of Surety 800-331-6053 Telephone AuLrr.,'AgeM Slg t fun; Sea. Prirt Nance and Title NOTARY ACKNOWLEDGMENTS OF CoN rRACTO AND SUR TY MUST BF ATTACHED _ m 29 ACKNOWLEDGMENT .......•...............................i...H.........sl ii.f ei i .................... State of California County of __�� 1 t_t e SS. On _1 l 6 rI b fore Public, personally appeared �J' � k: u Notary proved to me on the basis of satisfactory evidence to, he the: person�*v;hose name(e.) isha�e subscribed to the within instrument and acknowledged to me that hers rf'7ftr r execLrted the same in his/118r#f7Eir authorized capacity(f54 and that by hrsittulttirtr signatures(.} on the instrument the persoili(ALor the entity upon behalf of ,which (he personkq acted, executed the instrument. I certify under PENALTY OF PERJURY Linder the Ilws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature MICHAEL ROSEN • COMM. # 1741692 NOTARY PUBLIC - - CALIFORNIA LOS ANGELES COUNTY My Comm. E:;piras May 23, 2011 .......................................... Y...i.... .•.. i....... i..... ........ OPTIONAL 1NF(i;76dAT1f;h1 Date of Document Type or Title of Document Number of Pages in Document Document in .'i Foreign Language typo of SabOaclory Evidence: Personally Known with Paper Identification Paper Identification _._. Crr-dtblc W iries s(es) Capacity of Shiner: Trustee Power of Attorney _ CEO ICFO /COO President / Vire-President/ Secretary / Treasurer Other Other Informaliom 34 .,-- Thumbpritit of Signer nP :"aa;�.t:pfinl a� q•.ayrint, is ava•,;:i�le. ACKNOWLEDGMETVT State of California County of � ss. On _ Public, appeared proved to me on t e Subscribed to the l same in his/her/their instrument the persor instrument. before me, Notary — – ....-............... ------- ------------ ---- ............................._, ,who basis of satisfactory evidence in. be the pr;rson(s> whose name(s) is/are hin Instrument and acknowledged to me that he/sho!they executed the uthorired capacity(ies), and that by hisr outhcir signatures(s) on the (s or the entity upon behalf of which: the person(s) acted, executed the I certify under PENALTY foregoing paragraph is true WITNESS my hand and official Signature — --- under the liars of the State of California that the I..Y!•l.YY V ...V .Y l V Y•• l Y Y Y Y Y Y V. V I Y Y. V.. Y i ii OPTIONAL Dale of Document Type or Title of Document Number of PC,grs in Document Document in a Foreign Language Type of 3ali,,Juclory Evidence: Personally Known with Paper Identification Paper Identification _,.., Credible Wlbless(es) Capacity of Sl9rior: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Informo 34 ,qua:1 utn��•„•ll�O nnV 1Y V 3.1l.Y•\IYY.YYI -- Thumbprirt of Signer ••.f CFvrA. ri�ni? it no :tio;jrt:Nfirll tr :-M Print is avCiL'9e. Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. __ 70676973 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint _.—_—B,�.rp its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: William F. Klenske dba B K Air Conditioning & Heating Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile" All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of August 13 2009 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, andAfifgp,orate seal to be affixed this 9th day of March 2009 WES R 4 SURE Y COMPANY SZ, r� • :<., :'�*maPaul T. Bruflat enior Vice President c' �OUT1itdTA l IF+ jelLiiAHA ss On this 9th day of March , in the year 2009 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. D. +M144M14M1VR K4M14M1M1M14M1M144� ; D. ELL r NOTARY PUBLIC r (SEr i AL SOUTH DAKOTA SEAQ i — Notary Public - South Dakota �44M144444M1M1M14M144444M14M144� My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 9th day of March 2009 W E S R SURE Y COMPANY Paul T. BruflaYgonnior Vice President Form F5306-9-2006 Recorded -in Official Records, Orange County Q erk-Recorder RECORDING REQUESTED BY AND 116- NO FEE WHEN RECORDED RETURN TO: I 2 �,, 2 Y�2 :: 6512 a3:90pm 97123199 City Clerks a .0.00 0.00 0.00, 0.00 0.00 0.00 0.00 0.00 City of Newport Beach OFFICE OF. TH15 C .;:.04-.... Newport Beach, CA 92663 CffY OF Nfi�IPO,r T BEACH "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 B K Air Conditioning & Heating, of Corina, California, as Contractor, entered into a Contract on March 10, 2009. Said Contract set forth certain improvements, as follows: Central Library Air Conditioning Rehabilitation (C-4138} Work on said Contract was completed, and was found to be acceptable on July 14, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. By irw�- Public Warks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �r at Newport Beach, California. BY City Clerk- �Z/pOR Nr RECORDING REQUESTED BYANDRECENfib 't WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 1019 AUG -3 AM' t I ' OFFICE OF THE CM MAK CITY OF NE14'P0RT BEACH "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 B K Air Conditioning & Heating, of Covina, California, as Contractor, entered into a Contract on March 10, 2009. Said Contract set forth certain improvements, as follows: Central Library Air Conditioning Rehabilitation (C-4138) Work on said Contract was completed, and was found to be acceptable on July 14. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. BY /lid rwt- Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. I' IIn, Executed on V� I� �u/ at Newport Beach, California. BY 0 City Clerk IG IC �J CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 July 14, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 644-3312 or tsandefur@city.newport-beach.ca.us SUBJECT: CENTRAL LIBRARY AIR CONDITIONING REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4138 RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On March 10, 2009 the City Council authorized the award of the Central Library Air Conditioning Rehabilitation project to BK Air Conditioning and Heating. The contract provided for the removal of the existing air-conditioning chiller system and the installation of a new chiller system. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $135,391.00 Actual amount of bid items constructed: $135,391.00 Total amount of change order: $4,716.10 Final contract cost: $140,107.10 The change orders were for the following: Change Description Order Amount 1 1 Sales Tax Adjustment $866.10- 2 Additional hot taps for emergency cooling $3,850.00 Total Project Change Orders $4,716.10 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC July 15, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: Dover Drive Street Improvement Project (C-3652) Oceanfront Alley Water Main Replacement (C-4007) 08-09 Traffic Signal Upgrades (C-4102) Central Library Air Conditioning Rehabilitation (C-4138) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, �40,-� �, Leilani I. Brown, M C City Clerk Enclosures 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 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 B K Air Conditioning & Heating, of Covina, California, as Contractor, entered into a Contract on March 10, 2009. Said Contract set forth certain improvements, as follows: Central Library Air Conditioning Rehabilitation (C-4138) Work on said Contract was completed, and was found to be acceptable on July 14. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. BY I r4or- Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY �' City Clerk CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 26'h day of February, 2009, at which time such bids shall be opened and read for CENTRAL LIBRARY AIR CONDITIONING REHABILITATION Contract No. 4138 $175,000 Engineer's Estimate roh6TT-G. Badum is Works Director Prospective bidders may obtain one set of bid documents for $5.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "C-20" For further information, cal! Tom Sandefur, P.E. Project Manager at (949) 644- 3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http:U,.vww.c tv.newport-beach ca.us CLICK: e-onlineservices/e-bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY AIR CONDITIONING REHABILITATION CONTRACT NO. 4138 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................7 NON -COLLUSION AFFIDAVIT.....................................................................................11 DESIGNATION OF 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 LABOR AND MATERIALS BOND.................................................................................26 FAITHFUL PERFORMANCE BOND.............................................................................28 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................SP-1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY AIR CONDITIONING REHABILITATION CONTRACT NO. 4138 INSTRUCTIONS TO BIDDERS 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 ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price' may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 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. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. 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. 6t55gg (f -"7v Contractor's License No. & Classification a, -, Cn%Gl11,, J, fG 3 T/�J6 Bidder Authorized Signature/Title Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY AIR CONDITIONING REHABILITATION CONTRACT NO. 4138 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 Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CENTRAL LIBRARY AIR CONDITIONING REHABILITATION, Contract No. 4138 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. VOID AFTER 90 DAYS I1-}s,I2l0 2025457221 I 1 u, 25 2055 id �FOOPMrEN THOUSAND DOLLPR5" {Y5' PURCHASER: //� ---- --- ' M PIR CONDITIONING AND H ATIM tUTHORi/EDsrcxnruRl Cashier's Check ';oiD MR xtU00.e0 I'atable at Bank Of America, A.A. iR O 51GAA TTIRES RFQUIRFD COR AMOLN1 ti OA B,li Sa+0,000 u' 202545722L11' I:L2L0003581: L3940 -a507611' THL 6mGNAL DOC ME\T HAS`REFLEC I ]V@N II I IZV ARK ON I HE BACK" ',' I HI ORIGII3nL DOQ(UUNZM' 11�i1��L`'��:��L �`>�K ON IIII BACK . - - _.........F,.......,...o.y I Ue duacnaUJ Bankof America r IS'sntiiB:ml;ot 16, ira \,V� anPla�lciscu,<atiolJi i ' 1RA,Ei`1f>3 F1 {14Eilvi ,' �, J Q'QCJ co r'JV SN - 2025457LI TSR PO n.a n. nv a*attsRr*e+*a!I+*,t-itnrTe,++*T,�strtzx•snrk�.rtaxseaiEa�t�frtcext FED I'a) 10 the Order Ol yxwr-TTY nF NEWPORT BEACH**+. _ I1-}s,I2l0 2025457221 I 1 u, 25 2055 id �FOOPMrEN THOUSAND DOLLPR5" {Y5' PURCHASER: //� ---- --- ' M PIR CONDITIONING AND H ATIM tUTHORi/EDsrcxnruRl Cashier's Check ';oiD MR xtU00.e0 I'atable at Bank Of America, A.A. iR O 51GAA TTIRES RFQUIRFD COR AMOLN1 ti OA B,li Sa+0,000 u' 202545722L11' I:L2L0003581: L3940 -a507611' THL 6mGNAL DOC ME\T HAS`REFLEC I ]V@N II I IZV ARK ON I HE BACK" ',' I HI ORIGII3nL DOQ(UUNZM' 11�i1��L`'��:��L �`>�K ON IIII BACK . - - _.........F,.......,...o.y I Ue duacnaUJ ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I State of California County of On Public, personally appeared ss. before me, , Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ............................................................................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other 9 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ............................................................................... State of California County of On Public, personally appeared ss. before me, Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ............................................................................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President/ Vice -President/ Secretary/ Treasurer Other: Other Information: 7 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY AIR CONDITIONING REHABILITATION CONTRACT NO. 4138 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 Contractors 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 Name: MAC. k Pv f (.� 66,E2A1 Mecha.Jir,a��`ST 11 ?T��N& Total Bid Address: C.o�+Tr'ActbJ �G+� 1 31 2 1 13A t Jr1 e�Doru true. ` Gk,.iD,cA. 4 r'7 /o ' Phone: 9 O ct - 7 Z/— 550 G State License Number: 3 2 20 3 7 Name: SIP i=LCC,.-rr, CAL Co,, 1.J6 L Address`CGT('!C'4 '-l(v3� Via cA LPu,,�7A Yo2bA 6i JdA, CA 9Z88(a I 3 Phone: 7/4 -&C15- 9l(C1 State License Number: (o 333 6 Name: �rt�F22c> T�SuLano Si --r `J CJ LR -710 -- Address.00"rtre*crorJ"j ( bl? 6 Jro. Lewt5 5-r A,VAhe)MICA• gaSG� l Phone: State License Number: y ?j % 3 1 ' Bidder Authorized Signature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 4138 F:-, 11 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 Approximate Construction Dates: From T Agency Name Contact Person E Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person 14 Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person T Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 r No. 4 Project Name/Number Project Description FATIlM Approximate Construction Dates: From Agency Name Contact Person i Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number /V/a Project Description Approximate Construction Dates: From Agency Name Contact Person T Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 BK AIR CONDITIONING & HEATING LICENSE # 815549 REFERENCES (PRIVATE): 1) FIRM: Metropolitan News ADDRESS: 210 S. Spring Street CITY, STATE: Los Angeles, CA 90012 CONTACT: Vaughn Babician PHONE: 213-216-9437 PROJECT: Retrofit of Air Conditioning System COMPLETION DATE: 1-15-09 APPROXIMATE COST: $60,000.00 2) FIRM: McKee Construction ADDRESS: 7759 Alde Court CITY, State: Highland, CA 92346 CONTACT: Wayne McKee PHONE: 951-212-5524 PROJECT: Multiple System Installation COMPLETION DATE: 4-3-08 APPROXIMATE COST: $ 42,000.00 18414 BENBOW STREET, COVINA, CA 91722 PHONE: 626-824-3180/626-536-9335 FAX: 626-859-4555 EMAIL: KCHERNANDEZ2@VERIZON.NET BK AIR CONDITIONNG & HEATING LICENSE # 815549 3) FIRM: ADDRESS: CITY, STATE: CONTACT: PHONE: PROJECT: COMPLETION DATE: CONTRACT NO. g DeSisto Construction 4154 N. Norse Way Long Beach, CA 90808 J. David DeSisto 562-425-1050 Fire / Life Salley (Fire -Smoke Damper) and Duct Installation 12-21-06 APPROXIMATE COST: $15,000.00 4) FIRM: Bayview Hospital ADDRESS: 330 Moss Street CITY, STATE: CONTACT: PHONE: PROJECT: COMPLETION DATE APPROXIMATE COST: San Diego, CA 91910 Alex Garcia 619-946-0614 Multiple System Retrofit 2006, 2007 and 2008 $68,000.00 If more references are required, we would be happy to submit. 18414 BENBOW STREET, COVINA, CA 91722 PHONE: 626-824-3180 / 626-536-9335 FAX: 626-859-4555 EMAIL: KCHERNANDEZ2@VERIZON.NET No. 6 Project Name/Number NIA SEE .47 h-qE--� Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. IJP At rLOnll.�i'f70n� l IJ i> � `7 1'T//IJ6 ��/`/�.: .7`�Ji� Bidder Authorized Signature/Title IR William F. Klenske BK AIR CONDITIOINING & HEATING 18414 BENBOW STREET COVINA, CA 91722 Position: Owner / Project Manager Qualifications: Over 35 years of diverse experience in the HVAC industry Experience Title: Owner Organization: BK Air Conditioning & Heating Location: Covina, California Date: December 5, 2002 — Present Annual Sales: 200K + Responsibilities ♦ Service and Start up - New Construction, T.I. and Retrofit ♦ Sheet metal detail, layout and installation ♦ Project management — Sub Contractors ♦ Provide all aspects of administrative requirements Experience Title: Senior Service Technician / Supervisor Organization: Kamor Air Conditioning Location: San Gabriel, California Date: 1974 —2002 Annual Sales: 1 Million + Responsibilities ♦ Service and Start up - New Construction, T.I. and Retrofit ♦ Sheet metal detail, layout and installation ♦ Project management — Sub Contractors ♦ Provide all aspects of administrative requirements Title: Organization: Location: Date: Annual Sales: Installation Supervisor The Trane Company City of Industry, California 1973 and 1974 Unknown Responsibilities: ♦ Air Conditioning System Installer ♦ Service and Start - Up CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY AIR CONDITIONING REHABILITATION CONTRACT NO. 4138 NON -COLLUSION AFFIDAVIT State of California ) L i ss. County of �n5 bein first duly sworn, deposes and says that he or she is 7` o of j�f}<zra,4i07-10 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 foregoingistrue and correct. 16j /-F1Ct�OnlObilDnI/,)63 E477,✓t77 Bidder Authorized Signiture/Ti(tle Subscribed and sworn to(oraffirmed) before me on thia�T day of f C o • .2009 by r. �I r15 e , personally known to me or proved to me on the basis of satisfactory evidence to be the person* who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public [S MICHAEL ROSEN My Commission Expires} COMM. # 1741692 NOTgRY PUBLIC - CALIFORNIA 9 LOS ANGELES COUNTY My Comm. Gxplrec May 2�, 2011 sII�J�dYk4.WM'tJ'F.R�.,!1NhM1AR'1M 13 Bidders na CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 4138 DESIGNATION OF SURETIES I I� � 1�- )I�/A)I 3 tt�TlNI� 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): 3333 rEC_ura,icC s Ca JCouf a 0, (14. q) /V 01 1a ^' 366 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 11 CONTRACT NO. 4138 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name g 11r ' Record Last Five (5) Full Years Current Year of Record of contracts Amount of Contracts (in of No. of lost Workday Cases No. Of I� workday cases involving permanent transfer to another job or termination of Current Record Record Year of for for Record 2008 2007 2009 G Record Record Record for for for 2006 2005 2004 155568 ��l3,oS6 a3/,?jl ��9, 6 a 0 6 C) 0 Total The information required for -these is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder l r Qi✓�s�rt Business Address: t$�jj�/�gei,,6 !�P 77 e-4 Business Tel. No.: %� 7a�o2 State Contractor's License No. and , / --- Classification: Title [j �� AJ C( The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 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 orjoint 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, joint 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. ill CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY AIR CONDITIONING REHABILITATION CONTRACT NO. 4138 ACKNOWLEDGEMENT OF ADDENDA Bidders name Co jot The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 17 'I3A FF'V, Ll11:B1: AIR(-a.IDITIONItIG (655) 339-7686 V �, ._x:515955493312 w vF.,o CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 4138 INFORMATION REQUIRED OF BIDDER er es under fol odwingeinformation is truelt and y Of correct: under the laws of the State of California that the Name of individual Contractor, Company or Corporation: F Business Address: /8 / , -' � Telephone and Fax u6ac� 2 mber: �� CG�6 9/7 2 California State Contractor's License No, and Class: S� (REQUIRED AT TIME OF AWARD) —94, Original Date Issued; 4a ��2, Expiration Date:_ List the name and title/position of the O who inspected for your firm fhe site of ao/ the work proposed in these contract documents: The following are the names, titles, firm members, partners, addresses, and phone numbers of all individuals, Principal interest in this proposal ventures, and company or corporate officers having a Name Title Address Telephone Corporation organized under the laws of the Slate of 18 '9 09:43A FROM: Bl RIR-,HDITIOHING (F26) 339-7E8E r ---i;G � � r, 1949544__1„ F'.2 FiP 11/6 1Td, -,s i/nv225 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: 11-114 Provide the names, addresses and telephone numbers of the parties; /X//%4 Briefly summarize the parties' claims and defenses; /v 4 Have you ever had a contract terminated by the owner/agency? If so, explain. /L///f % Have you ever failed to complete a project? If so, explain. /✓11-, 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 labo compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes No Are any claims or actions unresolved or outstanding? Yes No 19 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. C I 1/ ONcio/�—iontl'J& 3 idder ALV t I I t� m -�' 1911J6 X C— (Print name of Owner or President of Corporation/Company) Authorized Signature/Title 0,,)OAof W'VE2 Title �? -d 9 Date Notary Public, who proved to me on the basis of satisfactory evidence to be the person((Xwhose name( is/Me subscribed to the within instrument and acknowledged to me that he/stae%they executed the same in his/heNttrt?tr authorized capacity➢ &), and that by his/hir•/�signature(s), on the instrument the person(Ss,1, or the entity upon behalf of which the persorted, 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. v v` (SEAL) Notary Public in and for said State My Commission Expires: sia,l_L_ Rol MICHAEL ROSEN COMM. # 1741692 NOTARYPUBLIC- CALIFORNIA 3 LOS gNOELES COUNTYOUNTy .. My Gomm, €xplyda May 23, 2011 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY AIR CONDITIONING REHABILITATION CONTRACT NO. 4138 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 Kev 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. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY AIR CONDITIONING REHABILITATION CONTRACT NO. 4138 CONTRACT THIS AGREEMENT, entered into this 1 •tiay of �6 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and William F. Klenske doing business as, B K Air Conditioning & Heating, a Sole Proprietorship, 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 removing the existing Central Library air-conditioning chiller unit and replacing it with a new chiller unit, including disconnecting the existing water and electrical lines feeding the unit, removing and disposing of the existing unit, purchasing and installing a new chiller unit including any foundation modifications, modifying the electrical, plumbing, and water lines as necessary for the new unit, and testing and starting the new unit." 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4138, 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. 22 r 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 One Hundred Thirty -Five Thousand, Three Hundred Ninety -One Dollars and 00/100 ($135,391.00). 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). 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 CONTRACTOR City of Newport Beach Public Works Department BK Air Conditioning & Heating 3300 Newport Boulevard 18414 Benbow Street Newport Beach, CA 92663 Covina, CA 91722 Attention: Tom Sandefur 626-339-2299 (949)644-3312 626-339-7686 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Certificates of Insurance. Contractor shall provide original 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 contract. City reserves the right to require complete, certified copies of all required insurance Policies, at any time. 23 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. 2. Si nature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. 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. 4. Coverage Reguirement� a. Workers' Compensation Coverage. Contractor 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, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 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 Contractor for City. b. General Liability Coverage. Contractor 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. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor 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. 5. 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 24 r volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. 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 elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 25 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. 7. 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 amount provided that the Work damaged is built in accordance with the plans and specifications. 8. 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. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. 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 G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. M H. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. ATTEST: APPROVED AS TO FORM: J B K AIR CONDITIONING & HEATING (Corporate fficer) Title: Print Name:a)JLZzaet ECEtJS�'E (Financial Officer) Title: Print Name: Please note: Corporations must complete and sign both placeS above even if each office is held by the same individual 27 EXECUTED IN FOUR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 4ENTRAL LIBRARY AIR CONQ lP.WL4r HR (&17�TlUN CONTRACT NO. 4138 BOND NO, 70676973 FAITHFUL PERFORMANCE BOND The premium charges on this Bond Is $ 4.062 _00 being at the rate of $ lhousand of thr Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to B K Air Conditioning & Heating, hereinafter designated as the "Principal", a contract for construction of CENTRAL LIBRARY AIR CONDITIONING REHABILITATION, Contract No. 4138 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 ora incorporated Viorein by this I afore ice, WHEREAS, Principal has executed or is aty..urt .o execute Contract No. 4138 and the terms thereof require the furnishing of a Bond for the railhfu: perforrnancc at In,-, Contract; NOW, THEREFORE, we, the Principal, and M_ WSJ' t� Vff ,SPAM duty authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are heli and firmly bound unto the City of Newport Beach, in the sure of One Hundred Thirty -Five Thousand, ThrSr, Huncired Ninety -One Dollars and 001100 ($135,391,00) lawful money of the united Siates of Arvoica, :.aid sunt being equal to 100% of the eslimated amount of the Contract, to be ;:;ofd to Ilii: Cily of Nawport Beach, its successors, and asailins; for which payment well and holy to Ix ,nada. we bind ourselves, our heirs, executors and administrators, successors, oj assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION M SUCH, that it she Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or wit the work, covenants, condiUnw=s, and s^,rPements '•n the Contract Documents and any alteration (hereof made as six rei!r pro,�td+d on its part. '.o 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 thus Bond: otherwise this obligation shall become null and void. 32 As a part of the obligation secured tionoby, sand it adCition io IN, fact; amount specified in this Performance: Bond, there shall be Included cr.,sts and reasonable expenses and fees, inctuding reasonable attorneys fees, incurred by the Cil)r, only in tho r•H:•nt the Cily is required to bring an action in law or equity against Surety to enforc:s the ohtislations of ;his Rond. Surety, for value received, stipulates and agrees tha€ 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 vvay affect its obligations on this Bond, and it does hereby waive notice of any such change extension of time; alteration,•, or additions of the Cnrdracl or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Protect by the City. In the event that the Principal executed thio bond as on individual. it is agreed that the death of any such Principal shall riot exonerate the Surety from its obli 3ationa under this Bond. IN WITNESS WHEREOF, this instrument has been duly execuled by the Pringipal and Surety above named, on the _9th_,._ day of _ March _ __• pgfpg_ All /0 B K Air Conditioning & I Inating (Principal) Aulhori:ced Signatur ci "I'itle WESTERN SURETY COMPANY Name of Surety 101 S. Phillips Ave. Sioux—Falls, SD 57104=6703__ Address of Surety 800-331-6053 7elF�phonr_ Au`ihuriz I Agertt yna Lure s. Arps, Asst sec. Print Name and Title NOTARY ACKNOWLEDGMENTS OF ICONTRAi, OR AND SURETY MUST BE ATTACHED 33 ......................... Stale at California jCounty of OnG[.c Public, personally ACKNOWLEDGMENT .Y. YN S Y N.Y....Y l y . . . i.\...'S i.. N NY eNa /y P.. Y. Y.....,.... ss. me, Notary proveIe vn the—b—asis .._of ..s atI.s_.fa... c't.0"r- y..e..v...i.d..e-nc e t.-. - ....._...,_:Whoc rr vVI-lose narpe ( j ism subscribed to the within instrument and acknowledged to me that hers same in his/hef/t authorized capacity tom, and that b �"�' executed the instrument the personf4 or the entity up capacity behalf of Which the per�sn Ir signatures( On the instrument, acted, executed the I certify under PENALTY OF PERJURY under the fatva Of the, State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 .SignaTLIfB -- _—........... MICHAEL ROSN r COMM. # 17416192 NOTARY PU13LIC - CALIFORNIA E LOS AN9@Lga COVN1Y My comm, Cxplraa Ma Y 23, 2011 ,5%,n ............................. •. ^ ^•.. Pw YN.c Y.YP lY.wex w. Y.. e.w.... a w.. N..., OPTIONAL. INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _-- Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other 30 Thumbprirt of Signer U r:v thumbprin! 0. Gngerprinj IS avaaable. AC KNOIlU1i..t=faGMENT .....................n.....................,,:.,........,..,<........,............. State of California County of On _ Public, ss. before me, appeared Notary .-._..._..........................-------. ........ who proved to me o the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed t i the ithin instrument and acknowledged to me that heishe.they executed the same in his/her/the authorized capacity(ies), and that by hisiberltheir signatures(s) on the Instrument the person ), or the entity upon behalf of v.4iit7h the acted, executed the instrurnent. I certify under PENALTY t- PERJURY under the tares of the Stela of California that the foregoing paragraph is true ar correct. WITNESS my hand and official Signature ......n ................................. OPTIONAL Date Of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer Trustee Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Other Information: 31 rsaa: r .s.x.. a..... n..n e. s.n..............: ------- I'F-wri rprinr n- Signer I i Cl:et:K G � if nn tr•�.rrfon ;;r ii�:gerR'inl .a PN31E).tJiP„ Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70676973 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint B. Arp its true and lawful attorneys) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: William F. Klenske dba B K Air Conditioning & Heating Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of August 13 2009 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, arjd ,y,gfljporate seal to be affixed this 9th day of _.. March-_ , 2009 WES R SUREAY COMPANY W Paul T. BruflatAenior Vice President STi ,9,0 .SQUT su,6TA CO88 a j"JLiivAHA ss On this 9th day of March-, in the year __20.0.9._, before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s id corporation. jM14b44444gM1M1gM104444g44M1M1bj `+ D. KRELL '+ NOARY PUBLIC+ SE L Si otar Public - South Dakotat�OUTB DAKOTASEAL j44g4M1bgg4M144q4q44b44M1bb j My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 9th day of March 2009 _. WIE: S R SURE Y COMPANY Paul T. Bruflat enior Vice President Form F5306-9-2006 ACORDR CERTIFICA(I c OF LIABILITY INSURAP{..E A EIMM DNYY 03/26/2009) PRODUCER (909)484-2456 FAX (909)484-2491 Cumbre Insurance Services Li c# 0708981 3333 Concours Suite 5100 Ontario, CA 91764 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED BK Air Conditioning & Heating DBA: William F. Kenske DBA: 18414 Benbow Street Covina, CA 91722 INSURERA'. Golden Eagle Insurance Corp. 10836 INSURER B. INSURER C: INSURER D: INSURER E: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MISS ITR ADD NEIRDATE TYPE OF IN POLICY NUMBER POLICY EFFECTIVE IMMIDONY1 POLICY EXPIRATION DATE fbwnnpiYYi LIMITS GENERAL LIABILITY GL8622781 03/25/2009 03/25/2010 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 100,000 PRE ,dFa CLAIMS MADE[fl OCCUR MED EXP (Any one person) S 5,000 A X PERSONAL B ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO S 2,000,000 POLICY PRO LOC JEGT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S HIRED AUTOS BODILY INJURY S NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Peraccident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO AUTO ONLY. AGO S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR 1-1 CLAIMS MADE AGGREGATE S S S DEDUCTIBLE S RETENTION 8 WORKERS COMPENSATION AND WCSTATU- OTB - JOEY LIMIT EMPLOYERS' LIABILITY E . EACH ACCIDENT S ANY PROPRIETORIPARTNEMEXECUTIVE E. L. DISEASE - EA EMPLOYEE S OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEIjICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS The City of Newport Beach, its officers, officials, employees and volunteers are named as Additional Insured per attached form CG2010 (07/04) and CG2037 (07/04) Primary Wording & Waiver of Subrogation apply per attached. �''10 Days Notice of cancellation apply in event of non payment of premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL K0h1€X061 N MAIL "30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Newport Beach a lNNAMUP.txA)"Il uau 3300 Newport Boulevard MrXAfMcxMXx*XTXxxW Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE Tammie McCrary/TM ACORD 25 (2001108) OACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) (Additional Insured): Location(s) of Covered Operations: CI I% I'vl(UN)pIRF_ WI I PIIII. l cAci i kkS Uta, I_ i' I II ITa "I I IS FI IZ I I I FIR V1.RL[: U r I IAT TI I IS ISS I L 0 CE S1 IA(1I'I`7t FPS, 1,1('I AI S, P:AII-1. EES.1A1)A 111.1-, I1 1,RS lit:LAJ,,y ASA �<iA_I�i • , rk ;irI'fHa" 6[ I ()ALl IN TuAIti1ADIII]I fill, F\PVToiI x Inst ki,wssoi.F. Jinn M. \\I IRI 1tt.cD n1I Lk :I NS'E." VVNA0)RI BY: f11. CA 42663 A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" casued, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. A person's or organization's status as an additional insured under this endorsement ends when Your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or "property damage" for which the "additional insured(s)" are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations or Work "Bodily injury" or"property damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or "property damage" directly caused by or resulting from the negligence of the "additional insured(s)". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U156-0807 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. POLICY NUMBER: GL8622781 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations City of Newport Beach, its officers, officials, employees All Operations and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: GL8622781 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of Newport Beach, its officers, officials, employees All operations of the Named Insured and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work' at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. be- low applies. If this insurance is primary, our ob- ligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c, below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "yourwork"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner, (c) That is insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to You covering liability for damages arising out of the premises or operations for which You have been added as an additional in- sured by attachment of an endorsement. CG 00 01 10 01 © ISO Properties, Inc., 2000 Page 11 of 16 0 r Paragraph 6. is replaced with the following: 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident, The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000. or b. The amount shown in the Declarations. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a.is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit 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 "occurrence", offense, claim, or "suit". Knowledge of an "occurrence", offense, claim or "suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the "occurrence" or offense 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 "occurrence", offense, claim or "suit". Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception dale of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Item 8. is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. GCCG 602 (09,04) Includes cop)'righled m:nerial of Instvanca Services 011ioes Btc. with its permission Page 3 of6 b. If required by a written "insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under that written "insured contract' for that person or organization and included in the "products -completed operations hazard". Item 10. and Item 11, are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V- DEFINITIONS The following definitions are added or changed., 9. "Insured contract' a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract'. 23 and 24 are added: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. 'Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. GECG 602 (09,04) Includes coP}Tighted material of htsurance Scmces Offices Inc. with its pemtission Page 4 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART P:rel W I DTFIF Name of Additional Insured Person(s) or Organization(s) (Additional Insured): Location(s) of Covered Operations: CITY OF NEWPORT BEACH PUBLIC WORKS DEPT. 3300 NEWPORT BLVD. ATTN: TOM SANDEFUR NEWPORT BEACH, CA 92663 3300 NEWPORT BLVD. NEWPORT BEACH CA 92663 A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" casued, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or "property damage" for which the "additional insured(s)" are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations or Work "Bodily injury" or "property damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or "property damage" directly caused by or resulting from the negligence of the "additional insured(s)". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U156-0807 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. Policy Change Number 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 12 01 1185 POLICY CHANGES POLICY NO. POLICYCHANGES COMPANY EFFECTIVE GL3697380 03/09/2009 COLONY INSURANCE COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE WILLIAM KLENSKE DBA: BK AIR CONDITIONING G. J. Sullivan Company & HEATING COVERAGE PARTS AFFECTED GENERAL LIABILITY CHANGES IT IS HEREBY UNDERSTOOD AND AGREED THAT CITY OF NEWPORT BEACH PUBLIC WORKS DEPT. IS ADDED AS AN ADDITIONAL INSURED PER FORM U156 (06/07) ATTACHED. PM 03/09/2009 Authorized Representative Signature GU 269 (11-85) Copyright, Insurance Services Office, Inc., 1983 IL 12 01 11 85 Copyright, ISO Commercial Risk Sermces, Inc., 1983 Page 1 of 1 I Commercial Certificate Of Insurance FARMERS' Agency , Randy Klenske Insurance Name . 10681 Foothill Bl # 350 & Issue Date (MM/DD/YY) 03/09/09 • Rancho Cucamonga Ca. 91730 Address This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the Sc 29 Dist. 74 Agent 94Y coverage afforded b the policies shown below. Companies Providing Coverage: Insured . William F Klenske Company Lettere Y A Truck Insurance Exchange Name . DBA: BK Air Conditioning Company B Farmers Insurance Exchange & • 18414 E. Benbow St. Letter Company C Mid -Century Insurance Company Address • Covina Ca 91722-2725 Letter Company Letter Coverages This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. Co. La. Type of Insurance Po]ic Number Y Policy Effective Date (MM/DD/YY) Policy Expiration Date (MM/DD/YY) Policy Limits Y General Liability General Aggregate $ Commercial General Products-Comp/OPS Liability Aggregate $ - Occurrence Version Personal & Advertising Injury $ Contractual -Incidental Each Occurrence $ Only Fire Damage (Any one fire) $ Owners & Contractors Prot. Medical Expense (Any one person) $ Automobile Liability Combined Single All Owned Commercial Limit $ 1,000,000 Autos Bodily In,'ury B X Scheduled Autos 094113534 11/19/08 11/19/09 (Per per son� $ Hired Autos Bodily Injury $ Non -Owned Autos (Per accident) Garage Liability Property Damage $ Garage Aggregate $ Umbrella Liability Limit $ Workers' Compensation Statutory and Each Accident $ Employers' Liability Disease - Each Employee $ Disease - Policy Limit $ Description of OperationsNehicles/Restrictions/Special items: CERTIFICATE HOLDER AS ADDITIONAL INSURED Certificate Holder Cancellation . CITY OF NEWPORT BEACH Should any of the above described policies be cancelled before the expiration date Name . PUBLIC WORKS DEPT thereof, the issuing company will endeavor to mail 30 days written notice to the & • 3300 NEWPORT BL certificate holder named he left, but failure to mail such notice shall impose no Address • NEWPORT BEACH CA 92663 obligation or liability y kind upon the compa y, its agents or representatives. Authorized Representative 56 uz 4_w copy Distribution: service Center Copy and Agent's Copy H-oi r r STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MARCH 14, 2009 POLICY NUMBER: 1919072 - 09 CERTIFICATE EXPIRES: -1-10 L CITY OF NEWPORT BEACH ATTN SHAUNA OYLER 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 L JOB: 4138 CENTRAL. LIBRARY AIR CONDITIONING REHABILITATI ON LICENSE 815549 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 ten days' advance written notice to the employer. We will also give you TEN 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. A HORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 03/16/09 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPOER BEACH F- EMPLOYER KLENSKE WILLIAM AND KLENSKE LINDA DBA BK AIR CONDITIONING & HEATING 1844 BENBOW ST COVINA CA 91722 L - p598 SCIF 10262 (REV 02-08) CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach, Date Received: 3/30/2009 Dept./Contact Received From: Shauna Oyler _ Date Completed: 3/31/2009 Sent to: Shauna Oyler — By: Jennifer King Company/Person required to have certificate: William F. Klenske dba: BK Air Conditioning & Heating I. GENERAL LIABILITY A. INSURANCE COMPANY: Colony Insurance Company B. AM BEST RATING (A: VII or greater): AIX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $IMM/$IMM E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ®Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes El No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No 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. If. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Farmers Insurance Exhange B. AM BEST RATING (A: VII or greater) AXV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A G. ® Yes ❑ No 1,000,000 ® Yes ❑ No N/A ❑ Yes [-1 ki- 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. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A: VII or greater): NR C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? ®Yes ❑ No HF'R-�-c JGy Ul L2P FROH:Br RIR l626) F'.I IIIIIII I VIIIIIII III �I II VIII L E A D S H E E T FEE $10.00 CODE 20 CODE 19 CODE 9 LDS l 2:41 PM 02-2182550 SEP 17 2002 SPACE ABOVE THIS LINE FOR RECORDERS USE TITLE(S) Fictitious Name Statement Assessor's Identification Number (AIN) To Be Completed By Examiner OR Title Company In Black Ink At THIS FORM IS NOT TO BE DUPLICATED D.T.T. Number of Parcels Shown ADVERTISER PROOF MR WILLIAM KLENSKE 18414 BENBOW COVINA CA 91722 PROCESS & PUB -FICTITIOUS NAME B.K. AIR CONDITIONING & HEATING 02-2182550 Oil die right is a printed copy of your LEGAL NO- TICE as it has appeared in die LOS ANGELES BULLE- TIN, a newspaper of general circulation ht die City of Los Angeles, the Judicial District of Los Angeles, the County of Los Angelcs, and die State of Califonhin, as adiudi- catcd in Los Angeles Superior Court Case No. BS014387. The notice has been scheduled for publication on die fol- lowing datc(s): Sep 19,26, Oct 3,10, 2002 Please check carefully to verify that die text of the notice, the publication dates) and Ole newspaper ed 0033. m select are correct. In case of error inrediately calf 213-34ed Your canceled cheelc is your receipt of payinent. If filing of a Declaration of Publication with die County Clerk is required by law, it will be filed following lite dale of final publication. Tlutnk you for your business. LOS ANGELES BULLETIN 210 S. Sprhig St. Los Angeles, CA 90012 Phone.213-346-0033 110x: 213-687-3886 Cust. Num.: 004000 Control Num.: 661082 Cust. Ref. Nun" File No. g2-2102000 FICTITIOUS BUSINESS NAME STATEMENT The fallowing person(,) is/are doing business as B AIR CONDI. TIONING 8 HEATING. 18414 Benbaw, Covina, CA 91722 William Frank Manske, 18414 BeAbOw. Covina, CA 91722 This business Is conducted by an individual Registrant has not yet begun to transact business under the fictitious business name or names listed herein I declare that all informahou m this statement is Irue and correct (A regis. [rant who declares as true information w ch he or she knows to be false is was filed with the Angeles County Statement expires five yearss froName m the date it was Flied In the office of the County Clerk. A new FIcbuOeS Busi- ness Name Statement must be (led before that lime. The filing of this statement does not of Itself authorize the use in this slate of a Fictitious Business Name in vroiabon of the rights of another under Federal, Slate or common law (See Section 14411 ei seg , 8uslness and professions Code). First Filing CN861082 Sep 19,26, Oct 3,10. 2002 Page 1 of T'd 3T££bh95b6TG:01 9892-5££ C929) 9NINOI-LICII40D NIU )I8:W0aJ dbd:TO 6902 -8 -add This Is a true and o If it bears the seal, i. Of the Registrar-Rec LOSANGELES T'd 8T££bh96b6T6:01 989L-6££ (989) 911II10IIION00 2JIH Ne:W09d J92: TO 6002 -8 -add L E A D S H E E T At FEE NO CHARGE FEE PREVIOUSLY PAID—CODE 12 CODE 20 CODE 19 CODE 9 02-2527877 RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8:21 AM OCT 24 2002 SPACE ABOVE THIS LINE FOR RECORDERS USE TITLE(S) Assessor's Identification Number (AIN) To Be Completed By Examiner OR Title Company In Black Ink At 01 D.T.T. Number of Parcels Shown At At THIS FORM IS NOT TO BE DUPLICATED T'd -,T _t-b'J665T�:pl ��92F�'2 f5„3) �1IJIIJCJIlI17F-1irJ �JIU )I8 lliid�j d5 U-� ELnJ�-e-�dU DECLARATION OF PUBLICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES MR WILLIAM KLENSKE 18414 BENBOW COVINA CA 91722 PROCESS & PUB -FICTITIOUS NAME B.K. AIR CONDITIONING 8r. HEATING 02-2182550 Tltc undersigned says: ani over tie age of 18 years and a citizen of the United States. I am not a party to and have no interest in this matter. 1 am a principal clerk of die LOS ANGELES BULLETIN, a newspaper of general circulation in the City of Los Angeles, die Judicial District of Los Angeles, die County of Los Angeles, and die State of California, as adjudicated is Los Angeles Superior Court Case No. BS014387. -the notice, a printed copy of which appears hereon, was published on die following date(s): Sep 19,26, Oct 3,10, 2002 I declare tinder penalty of perjury that die foregoing is true and correct. Executed at Los Angeles, California on 10/10/02. J signature LOS ANGELES BULLETIN 210 S. Spring St. Los Angeles, CA 90012 Phone: 213-346-0033 Fax: 213-687-3886 Cust.. Num.: 004000 Control Num.: 661082 Cost. Ref. Num.: IIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIII 02-2527877 File No. 02-2182550 FICTITIOUS BUSINESS NAME STATEMENT The following person(&) Is/are doing business as B.K AIR CONDI. TIONING 8 HEATING, 18414 Benbow. Covina, CA 91722 William Frank Klenske, 18414 Benbow, Covina. CA 91722 This business is conducted by an individual. Registrant has not yet begun to transact business under the fictitious busineasname or names-heora-lterem'—' -- I declare that all information in this statement is true and oorrect (A regis- trant who declares as true Information which he or she knows to be false is This statement was filed with the County Clerk of Los Angeles County un September 17, 2002 NOTICE -This Fictitious Nam. Statement expires five years from the date it was filed In the Office of the County Clerk. A new Fictitious Bust - mesa Name Statement must be filed before that time The filing of this statement dam not of itself authorize the use in this state of a Fictitious Bucinoes Name in violation of the rights of another under Federal. State, or common law (See Section 14411 at seq., Business and Professions Code( First Filing CN661002 Sep 19,26, Oct 3,10, 2002 Page I of I 2-d 8T££6696t16T6:91 989)-6££ (929) 9NIHOIlIal-103 NIH N3:W0dd d92:T9 6002-8-adtl r RF -TURN ADDRESS FOR RECORu.0 COPY Name: t5 C >:A 3 5 KJ 02—:21'82M'0 Street: IS L( ) Ly E ov City: CQL) I N fl State & Zip: Telephone S: e 4-,, 01 1 % 0 - -CUst. CU 1.Ref first Filing❑ Renewal Filing 1 ❑with changes Current Registration No. B PACE ABOVE THIS LINE FOR RECO ROER'S USE FICTITIOUS BUSINESS NAME STATEMENT THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: Fictitious Business Name(s) c: 2 e.�,�, .6�100A)017(0Niitjc' t Articles of lncorporelloNLLC Number pf applicable) b: AI LC A Street Address 8 City of Pnnclpal Place of Business In California . (P.O. Box alone not acceptable) ZIP Code 3 18C1 I L' &Ajj;ou� , Coo I r()(� C., j/1-7aa- Full name of Registrant(firorp Ion or limited liability company - Incorporated or organized In which state) 4 !7;:a Res dance Street Add r Cit Slate ZIP Code Full name of Registrant ' (It corporation or limited liability company - Incorporated or organized In which slate) Residence Street Address City Slate ZIP Code Full name of Registrant (II corporation or limited liability company - Incorporated or organized In which state) Residence Street Address City Stale ZIP Code Full name of Registrant -(If .Corporation or ilmlted liability company - Incorporated or organized In which slate) Residence Street Address city State ZIP Code This Business Is (K an Individual ( ) joint venture ( ) a limltsd pannershlp ( )an unincorporated association other than 5 conducted by: ( ) husband and wife ( ) e corporation ( ) a general partnership a partnership (Check one Orly) ( ) co -partnere. ( ) e business frust. ( ) limited liability company ( )other — please specify) 6 ( ) The registrant commenced to transact business under the fictitious business name or names listed above on (Date): Registrant has not yet begun to transact business under the fictitious business name or names listed herein. .'} Idalleri Thal nil lnfor(nfillori In Thlo'�4lament7e true'add eorreEC(Ayegi9rrypf Who Aeclar"ds aa.(Ai01n/GlmebdrYWhlCh hB dleha knbw9 to be lalse'Is ullfypltl;Qflfipa If Reg ran Is not a co oration sign below: 11 Registrant Is a corporation or limited liability company sign below: I F. /0) S CORPORATION OR COMPANY NAME 'SIGNATURE TYPE OR PRINT NAME 7 8 SIGNATURE TYPE OR POINT NAME SIGNATURE 6 TITLE SIGNATURE TYPE OR PRINT NAME TYPE OR PRIM NAME This statement was filed with the County Clerk of LOS ANC-.ELEq County on dale Indicated by file stamp above. NOTICE — THIS FICTITIOUS NAME STATEMENT EXPIRES FIVE YEARS I HEREBY CERTIFY THAT THE FOREGOING IS A CORRECT COPY OFTHE ORIGINAL STATEMENT ON FILE IN MY.OFFICE FROM THE DATE IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THAT TIME. The filing of this statement does not of Itself authorize the use In this REGISTW-FIECOROERI000NTY CLERK slate of a Ucllllous business name In violation of the rights of another under By federal, state. Or common law (See Section 14411 at wq., Business and DEPUTY Professions Cale). File No. ACc*Metropolitan News Company If you Intend to use the words incorporated, Inc., Corporation, or Corp. the registrant must be a corpora. Von. II you Intend to use the words limited Ilablllly company or LLC or LC the registrant must be a limited P.O. Box 60859, Los Angeles, CA 40080.0859 liability company. The County Clark requires a copy of the articles of Incorporation or organization In al. ther case. (213) 340-0033 FAX (213) 697.3880 a www.mnc.net Form 201 01/02 2'd 8T22tt796U6T6:01 989L-62£ (929) 9NINOIlIGNOD dIld )18:WOdd d02:T0 6008-8-8dk} rage i or L Company Profile �� " Company Profile WESTERN SURETY COMPANY P.O. BOX 5077 SIOUX FALLS, SD 57117-5077 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORA ES, CA 0017 ION SYSTEM SEVENTH STREET, 2ND FLOOR Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 13188 0218 0761-7 July 29, 1930 UNLIMITED -NORMAL Property & Casualty SOUTH DAKOTA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terns, please refer to the glossary. LIABILITY SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies .uteractive.web.insurance.ca.gov/webuser/idb co prof utl.get co proftp EID=2977 03/31/2009 Company Profile Want More? Help Me Find a Company Representative in My Area Financial -Rating Organizations Last Revised - June 27, 2008 09:13 AM Copyright © California Department of hisurance Page 2 of 2 http://interactive.web.iiisurance.ca.gov/webuser/idb co prof utl.get co prof?p EID=2977 03/31/2009 B K Air Conditioning & Heating Sole Ownership — therefore, no Secretary of State print out attached. Supplied a Cashier's check in lieu of a Bidder's Bond, therefore no Best Rating print out attached. Will need a City Business License Check a License or Home 1�rovement Salesperson (HIS) Regiw` `tion - Contr... Page 1 of 1 Department of Consumer Affairs Contractors State License Board Contractor's License Detail e License # 815549 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. ->. CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. '> Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. %> Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Bonding: Workers' Compensation: 815549 B K AIR CONDITIONING & HEATING 18414 BENBOW COVINA, CA 91722 Business Phone Number: (626) 339-2299 Sole Ownership 12/05/2002 Extract Date: 02/26/2009 12/31/2010 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION C20 WARM -AIR HEATING, VENTILATING AND AIR-CONDITIONING CONTRACTOR'S BOND This license filed Contractor's Bond number 542176C in the amount of $12,500 with the bonding company INDEMNITY COMPANY OF CALIFORNIA. Effective Date: 01/01/2007 Contractor's Bonding History This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Effective Date: 06/27/2002 Expire Date: None Conditions of Use I Privacy Policy Copyright © 2009 State of California ,ww2.cslb.ca.gov/0nlineSelvices/CheckLicense/LicenseDetail.asp 02/26/2009 Check a License or Home Irrovement Salesperson (HIS) Regi -',tion - Contr... Page 1 of 1 Department of Consumer Affairs Contractors State License Board Contractor's License Detail (Personnel List) Contractor License #: 815549 Contractor Name: B K AIR CONDITIONING & HEATING Click on the person's name to see a more detailed page of information on that person. ASSOCIATION DISASSOCIATION CLASS MORE NAME TITLE DATE DATE CLASS WILLIAM FRANK KLENSKE SOLE OWNER 12/05/2002 C20 More Conditions of Use I Privacy Policy Copyright © 2009 State of California http://www2.csib.ca.gov/OnlineServices/CheckLicense/PersonnelList.asp?LicNu... 02/26/2009 C;YV" OF NEWPORT BE" CH 9</ F00.P BK AIR CONDITIONING & HEATING 18414 BENBOW ST COVINA, CA 91722 ACCOUNT NUMBER: EXPIRATION DATE: BT30027166 03/31/2010 INSTRUCTIONS AND CONDI'T'IONS Welcome to the City of Newport Beach, and thank you for your businesstax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately if any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate. This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other party or person and are not pro -rated. Refunds are not provided once the certificate has been issued. Your business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership (i.e. from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and ed if additional types of business activity are initiated at the same address, or payment for a new application. Additional certificates are recur additional locations of the same business are established (Municipal Code sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record. Non -receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to a maximum of 1000% of the base tax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644-3141; e-mail us at: RevenueHelp@city.newport-beach.ca.us, or visit us on the internet at www.cit newDort-beach ca us and view the Municipal Code on-line. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE ACCOUNT NUMBER: BT30027166 THIS TAX PAYMENT EXPIRES: 03/31/2010 OWNER/PRINCIPAL NAME: SERVICE ADDRESS: KLENSKE, WILLIAM BK AIR CONDITIONING & HEATING OWNERSHIP TYPE: 18414 BENBOW ST COVINA CA 91722 SOLE PROPRIETORSHIP TAX INCLUDES PAYMENT FOR: BUSINESS ('!ATFG0RY: 0.00 EMPLOYEES PLUMBING, HEATING & AIR-CONDIT 03/16/2009 SELLERS PI`.IL.\ll'I`. NO SELLERS PERMIT DATE OF ISSUE: PRINT DATE: 03/16/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CENTRAL LIBRARY AIR CONDITIONING REHABILITATION CONTRACT NO. 4138 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. 4138 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 Remove and Replace Library Chiller Unit @ 1 3 5i 3 vI I. Dollars and _Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS E and x1:20 Cents - F1 UE-uSa��TLi/ee $ /39 ,3ql,od Total Price (Figures) Date Bidder Bidder's Telephone and Fax Numbers g L45 5 4q C- C;�o Bidder's License No(s) and Classification(s) Bidder's Authorized Signature and Title OP7172z Bidder's Address Bidder's email address: A1C/ 5k1Ug1✓JC Z C9- (9 vim/ Zd1d= /\/e 7` PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CENTRAL LIBRARY AIR CONDITIONING REHABILITATION CONTRACT NO. 4138 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2-6 WORK TO BE DONE 1 SECTION 3 CHANGES IN WORK 1 3-3 EXTRA WORK 1 3-3.2 Payment 1 3-3.2.3 Markup 1 SECTION 4 CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 4-1.3 Inspection Requirements 2 4-1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 2 5-1 LOCATION 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 2 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 2 6-7 TIME OF COMPLETION 3 6-7.1 General 3 6-7.2 Working Days 3 6-7.4 Working Hours 3 6-9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-7 COOPERATION AND COLLATERAL WORK 7-8 PROJECT SITE MAINTENANCE 7-8.8 Water Pollution Control 7-10 PUBLIC CONVENIENCE AND SAFETY 7-7-10.2 Storage of Equipment and Materials in Public Streets 7-10.4 Public Safety 7-10.4.1 Safety Orders 7-10.5 "No Parking" Signs 7-15 CONTRACTOR LICENSES SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment PART 2 ---CONSTRUCTION MATERIALS SECTION 215 CHILLER EQUIPMENT 215-1 Chiller Equipment 215-1.1 Required Equipment 201-1.2 Equipment Alternatives PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Last saved by srooks02/09/2009 2:04 PM fausersplow tshm ed`cuntcictsIN 00-0O c ntrd lihrury uir amditiunime c-413, specs index c—1 I3S.doc T 4 4 4 5 5 5 5 5 5 6 6 6 6 6 6 6 7 7 7 7 ORT CITY OF NEWBEACH PUBLIC WOR SPDEPARTMENT C64463 463 SPECIAL PROVISIONS CENTRAL LIBRARY AIR CONDITIONING REHABILITATION CONTRACT NO. 4138 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the attached Plans (Drawing No. B-5207-5); (3) the current appropriate building, electrical, and plumbing codes; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. 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 Standard 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 removing the existing Central Library air-conditioning chiller unit and replacing it with a new chiller unit, including disconnecting the existing water and electrical lines feeding the unit, removing and disposing of the existing unit, purchasing and installing a new chiller unit including any foundation modifications, modifying the electrical, plumbing, and water lines as necessary for the new unit, and testing and starting the new unit." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, SP2OF7 "(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. SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3'd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 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. SP3OF7 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 65 consecutive working days after the date on the Notice to Proceed. Up to 50 consecutive working days shall be granted for shop drawing preparation, review and approval, chiller manufacturing and delivery. No work is to be done on site until the chiller is ready for delivery. After the manufacture of the chiller, the Contractor shall install and complete all construction activities under the contract within 15 consecutive working days. 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 4tn the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 315` (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Moncig is a holiday. If January 1st, July 4th, November 11 th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., 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 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. 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. A separate request must be made for each work shift. The Engineer SP4OF7 reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 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 $200.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $200.00 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. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718-3402." 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 migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at SP5OF7 the Public Works Department or can be found on the City's website at htti)://www.city.newi)ort-beach.ca.us/pubworks/links.htm." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-10.4 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. 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." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a C20 License. At the start of work and until SP6OF7 completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 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 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 Remove and Replace Library Chiller Unit: Work under this item shall include providing bonds, insurance and financing, establishing construction schedule, disconnecting existing water and electrical lines, removal and disposal of the existing chiller including all handling and disposal fees, furnishing and installing the new chiller, modifying the concrete pad, trimming any interfering trees, removing and reinstalling any interfering fencing, costs for craning operations, all electrical and water line modifications to attach to the new chiller, all testing and successful start-up of chiller and all other related work as required to complete the work in place. 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 215 --- CHILLER EQUIPMENT 215-1 CHILLER EQUIPMENT 215-1.1 Required Equipment. The equipment to be installed is a 160 -ton chiller with screw type compressors. All condenser coils shall be coated to resist a coastal or near -coastal environment. All chiller equipment shall have a minimum 1 -year warranty. At the end of the project, the Contractor shall deliver to the Engineer all operational documentation, warranty information, and equipment documentation. The pre - approved chiller package for this project is a Carrier 30XA Air -Cooled Liquid Chiller with R -134a refrigerant. 215-1.2 Equipment Alternatives. Should the Contractor wish to propose a chiller package different from the pre -approved package, the Contractor shall submit the SP 7 OF 7 appropriate specifications and performance sheets to the Engineer no later than 7 days prior to bid opening. A determination will then be made if the equipment meets the performance requirements for the project. PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 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://www.city.newi)ort-beach.ca.us/GSV/Frachised Haulers.htm." F:\Users\PBW\Shared\Contracts\FY 08-09\Central Library Air Conditioning C-4138\SPECS C-4138.doc 1 15TH CITY OF COSTA MESA g VICTORIA ST m PAC/FjC VICINITY MAP NOT TO SCALE PARK 0CEAH JOHN WAYNE AIRPORT SANDEFUR No. 64465 / / ) CITY OF IRVINE UPPER NEWPORT 0 UNIVERSITY BAYS PROJECT m LOCATION GENERAL NOTES: 1. CONTRACTOR TO WORK WITH CITY AND LIBRARY PERSONELL TO ENSURE MINIMAL DISRUPTION TO LIBRARY SERVICES DURING THE WORK 2. NEW CHILLER SHALL BE A SCREW-TYPE 160 -TON CHILLER. SEE SPECIAL PROVISIONS FOR MORE DETAILS 3. ALL WORK DETAILED ON THESE PLANS TO BE PERFORMED UNDER CONTRACT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION," 2003 EDITION AND SUPPLEMENTS TO DATE, EXCEPT AS OTHERWISE STATED IN THE CITY'S STANDARD SPECIAL PROVISIONS, OR IN THIS CONTRACT'S SPECIAL PROVISIONS C-4138 CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT rn DAVID A. WEBB DATE CENTRAL LIBRARY AIR CONDITIONING DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER REHABILITATION DATE 01/29/09 SCALE N.T.S SHT 1 OF 3 DESIGNED: TS DRAWN: TS I B -5207-S CHILLER UNIT REPLACEMENT N.T.S. 1� REMOVE AND DISPOSE OF EXISTING CHILLER (2) FURNISH AND INSTALL NEW 160 -TON CHILLER UNIT. SEE SPECIAL PROVISIONS C3 PROTECT EXISTING RETAINING WALL IN PLACE ® PROTECT EXISTING BOILER AND OTHER EQUIPMENT IN PLACE 5) EXISTING 10' HIGH METAL FENCING CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY AIR CONDITIONING REHABILITATION THOMAS M. SANDEFUR jlo. 64465 z=off C-4138 APPROVED DAVID A. WEBB DATE DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER 09 " - N.T.S I ""' 2 OF 3 TS DRAWN: TS I B -5207-S EXISTING BOILER EXISTING CHILLED WATER PUMP REMOVE AND REPLACE CHILLER UNIT EXISTING FENCE REFERENCE DRAWING B -5141-S RETAINING WALL CHILLER YARD PLAN N.T.S. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY AIR CONDITIONING REHABILITATION EXISTING PIPING SANDEFUR No. 64465 Exp. 06/30/0' a� s-ny C-4138 APPROVED % i 02/03/09 DAVID A. WEBB % DATE DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER DATE 01/29/091 SCALE N.T.S SHT 3 OF 3 DESIGNED: TS DRAWN: TS I B -5207-S 0-966 CITY OF NEWPORT BEACH I P1AR 1 U X0109 CITY COUNCIL STAFF REPORT March 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 949-644-3312 or tsandefur@city.newport-beach.ca.us SUBJECT: CENTRAL LIBRARY AIR CONDITIONING REHABILITATION- AWARD OF CONTRACT NO. 4138 Recommendations: 1. Approve the project plans and specifications. 2. Approve a budget amendment transferring $75,000 from project savings in Account 7015-C5100909 (Mariners Park Restroom), $72,000 from project savings in Account 7015-C5100817 (Mariners Park Improvements) and $13,000 from project savings in Account 7011-C5100809 (Newport Theatre Arts Center Entry) to Account No. 7019-C100202 for the capital purchase and repair of a new air conditioning unit for the Central Library. 3. Award Contract No. 4138 to BK Air Conditioning and Heating for the Total Bid Price of $135,391.00 and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $20,300 (15% of Total Bid) to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on February 26, 2009, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low BK Air Conditioning and Heating $135,391.00 2 Pardess Air, Inc. $140,000.00 3 F.M. Thomas Air Conditioning, Inc. $145,978.00 4 Western Allied Corporation $148,741.00 5 Magicool, Inc. $162,000.00 6 Dependable Graham Air Conditioning, Inc. $170,775.00 The low total bid amount is twenty-three percent below the Engineer's Estimate of $175,000.00. The difference between the engineer's estimate and the low bid amount may be related to the current down tum in the economy and the number of contractors looking for work. The low bidder, BK Air Conditioning and Heating, possesses a California State Contractors License Classification "C-20" as required by the project specifications. A check of the contractors references indicates that this Contractor has satisfactorily completed similar projects in the past, Central Library Air Conditioning Rehabilitation — Award of Contract No. 4138 March 10, 2009 Page: 2 The existing air conditioning chiller for the Central Library was installed in about 1992. Exposure to the elements has led to the deterioration of various components of the chiller. In particular, the chiller has developed a leak in the evaporator section rendering at least half the unit inoperable. In addition the condenser coils have deteriorated as well. The unit needs constant maintenance and service calls. A new chiller will not only negate the need for continuous repairs, but also the new compressors are up to 20% more energy efficient than the current compressors. In addition, the new unit uses a more environmentally friendly refrigerant. Pursuant to the Contract Specifications, the Contractor will have sixty-five consecutive working days to complete the construction. Liquidated damages in the amount of $200 per calendar day will be assessed if the Contractor fails to complete the construction within the allotted time. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Restoration or Rehabilitation) of the CEQA Implementation Guidelines. This Exemption covers the restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety. Public Notice: The Notice Inviting Bids was advertised in the City's official publication. Funding Availability: Upon approval of the budget amendment, there will be sufficient funds available in the following account for this project: . Account Description Capital Purchase and Repair Proposed uses are as follows: Vendor BK Air Conditioning and Heating BK Air Conditioning and Heating Various Prepared by: Tom Sandefur Associate Civil Engineer Account Number Amount 7019-C1002021 $ 160,000 Purpose Amount Construction Contract $135,391 Construction Contingency $ 20,300 Incidentals $ 4,309 _ Total: $ 160,000 Badum s Director ;city of Newport Beac. NO. BA- 09BA-042 BUDGET AMENDMENT 2008-09 AMOUNT: $iso,000.00 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 transfer project savings from the Mariners Park Restroom, Mariners Park Improvements, and Newport Theatre Arts Center Entry accounts to the Central Library HVAC account for the capital purchase and repair of a new air conditioning unit for the Central Library. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Signed: Signed Signed: Description Description Description Number 7015 Parks Number C5100909. Mariners Park Restroom/Storage Bldg Number 7015 Number C5100817 Number 7011 Number C5100809 Number 7019 Number C1002021 Financial Approval: Adr Administrative Parks Mariners Park Improvements Facilities Newport Theatre Arts Center Entry Capital Purchase & Repair Central Library HVAC Amount Debit Credit x $75,000.00 $72,000.00 $13,000.00 $160,000.00 Automatic System Entry. 4�� -� inist live Services Director Date ity Manager � D6te d City Council Approval: City Clerk Date