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HomeMy WebLinkAboutC-2913 - Police Facility Roofing and HVAC ReplacementLRN -RIR SUPPLY TEL :714 -637 -8382 Jul 20'94 9 ;08 r4o.002..,P.01 Am RELEASE OF STOP NOTICE TD; CITY OF NEWPORT BEACH /PUBLIC WORKS (eonlihdan lender, Public hotly, m Putt' wMh wnam Map Malice was Ved) P.O. BOX 1760 92;rg59 -17691 (Adorns) RECEIVED JUL 20 1994 r� , You are hereby notified that the undersigned claimant releases that certain Stop Notice dated DFCEMB R 21, 1993, in the amount of against ACR MECHANICAL P.Q. BOX 5380 ORANGE, CA 92665 as owner or public body and CITY OF N .WPORT RRACIT /PTJBT,TC WORKS H prime contractor in connection with the work of improvement known as NEWPORT BEACH POLICE ROOFING AND 14VAC REPLACEMENT 870 SANTA BARBARA DRIVE in the fifty of NEWPORT REbC4 , County of ORANGE , State of California. Date APRIL 4, 1994 Can 'ES SINT70k Q Mayor t3 fraaervver nnRR.RT _1j,, n7l-,S QQRPQRATB SRCRETABY t3 P.ttorltey (AL M&W o,Pwhrt ❑ ?J62_ Dir. srr ,Seiry Mr. E] ° R Dir. n Plan„!:: Dir VERIFICATION 3 Pico ref tP'ri( ,71, the undersigned, state: I amtha CORPORATE SECRETARY ((/tiler ('ApeM of','Presider7 of, 'A Panne or.'Dwrw or. am.) �{d the claimant named in the foregoing Release; t have read said Release of Stop Notice and know the contents thereof, and I certify that ( the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on. APRIL 4, 1994 , 19_. at ORANGE state of wdltoil$ FOAM IN—RELEASE Of $Tpp NOTICE —New 1.97 Bebrt aw aN gut torn. rra9 l n4 Olt aY saner, ana nub wf:fkrer ehwfy t� Lpgayny yy �111111 � I�� III 4I� I i �I�I I��� e 1Y77 WOLCOtTS 10hMS. ka (pIM1 f W $ W to YWI' DYMU'J- ti�H4aaa mmt a Nw„, a You ep�Y. ew �m'f 1W YOU %/AN I I V I irq uN. Woicol6 mabc nu rtYnuNOOn or wa^amY. nomia W k*,d. WIT ms; L b ft nMsg,, %Wty W vui W ft ivm W w, o&M ed •ND W;.". 7 6 75 39898 c CITPOF NEWPORT &ACH July 1, 1994 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 ACR Mechanical Corporation 240 W. Grove Ave. Orange, CA 92613 -5380 Subject: Surety: Great American Insurance Company Bond No. 7612643 Contract No.: C -2913 Project: Police Facility Roofing and HVAC Replacement The City Council of Newport Beach on June 13, 1994 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice, of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on June 21, 1994, Reference No. 94- 0411523. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk/,p ? City fwNpew brt Beach Newport Beach, CAe92663 RECEIVED JUL 1 94 r= IR1R0Rf� _.- 0 DOC # 94-0411152� 21 —JUN -1994 1� :Al F':^ Rernrde,i ire Uf aal Records of 'Urari3e LW-f'Ly, Cai:fu ila Lee F. rrl,nd., County Recorder P.!ee 1 of 1 Rees! 1 0. "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and ACR Mechanical Corporation, 240 W. Grove Ave., Orange, CA 92613 -5380 as Contractor, entered into a Contract on October 5, 1993 Said Contract set forth certain improvements, as follows: Police Facility Roofinp, and HVAC Replacement (C -2913) - located in the City of Newport Beach, County of Orange, at 870 Santa Barbara Drive Work on said Contract was completed on May 10, 1994 , and was found to be acceptable on June 13, 1994 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company, 750 The City Drive South, Ste. 400, Orange, CA 92668 BY u i or s irec or City of Newport Beach VERIFICATION I certify, under penalty of perjury, correct to the best of my knowledge. Executed on S Newport Beach, alifornia. �s B� 7`C11�5/ = cIerK that the foregoing is true and at • June 13, 1994 CITY COUNCIL AGENDA ITEM NO.__ 41 ___ • TO: CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: ACCEPTANCE OF POLICE FACILITY ROOFING AND HVAC 13 REPLACEMENT (C 2913) • wwww� w RECOMMENDATION: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the replacement of the Police Facility roof and HVAC has • been completed to the satisfaction of the Public Works Department. The bid price was $460,832.00 Amount of unit price items constructed 462,859.00 Amount of change orders 22,936.70 Total contract cost $485,795.70 The increase in the amount of the unit price items constructed resulted from an added equipment form and two antenna sleepers. Four change orders were issued to complete the project. The first, in the amount of $3,362.35, provided for additional 120v electrical outlets as requested by the Police Department. The second, in the amount of $12,691.00, provided for removal and /or securing roofing materials and dismantling of equipment screens in order to make the helicopter pad operational during the period of the Laguna fires. The third, in the amount of $728.00, provided for insulation and nailers to re -roof a deteriorated stairwell roof. The fourth, in the amount of $6,155.35, provided for sheet metal caps and other materials due to the redesign of the sleeper system. Funds for the project were budgeted in the General fund, Account Nos. • 7012- 98182005 and 7012 - 98182006. The contractor is ACR Mechanical Corporation, City of Orange. The contract completion date was November 14, 1993. Due to extra work, inclement weather and resurfacing ponding areas on the roof, the project was not pleted until` ay 10, 1994. Benjamin B. Nolan Public Works Director LICENSED n Re: • BONDED INSURED A. E. C. LOS ANGELES ELECTRICAL CONTRACTORS 4253 Eagle Rock Blvd. CONTRACTOR'S LICENSE Los Angeles • California • 90065 #171916 Telephone (213) 255 -7181 • FAX (213) 255 -7184 RELEASE OF STOP NOTICE City of Newport Beach 3300 Newport Blvd. Newport, CA 92659 Project: Newport Beach Police Facility 870 Santa Barbara Newport Beach, CA March 28, 1994 General Contractor: ACR Mechanical Coporation 240 West Grove Avenue Orange, CA 92613 Gentlemen: You are hereby requested to release all funds which have been withheld by reason of the stop notice dated 3/1/94 previously filed by the undersigned with respect to the above construction project. This release is without prejudice to the undersigned filing stop notices in the future for money owed to the undersigned. DATED: March 28, 1994 NAME: Robert C. Macias ADDRESS: 4253 Eagle Rock SIGNATURE.- -- Los Anaeles, CA 90065 TITLE: Vice - President Tor G V Dir. Dir ;:• , ,..° - Chief v� u ) mcJOOD `ca \ { KR ■ ■ ■ 1 FORM 107 STOP NOTICE 0 NOTICE TO WITINOID CONSTRUCTION RMS (Public or Private Work) TO: City of Newport Beach PRaECT:Newport Beach Police Facility (Name of ahmr. Public bode or coasauction fond bolder) (farm) 3300 Newport Blvd, 870 Santa Barbara (Address. If diraeted to a bank or savings and Inn am., an address of breach bolding fund) (Address) Newport, CA 92659 Newport Beach, CA icily, state and rip) (city, sate And zip) TAKE NOTICE THAT A.E.C. Los Angles (Name of Me person r firm claiming Ma stop notion. Licensed contractors most use Me mono under which contractor's limns is issued) whose address is 4253 Eagle 'F..ock Blvd.. Los Angeles, California 90065 (Address of person m fim claiming slop nolia) has performed labor and furnished materials for a work of improvement described as follows: Newport Beach Police Facility and location of the project where work or materials wen furnished) The labor and materials furnished by claimant are of the following general kind: (General description of work and materiels fumishad) The labor and materials were furnished to or for the following party: 240 West Grove Avenue, Orange, California 92613 (Name r party who ordered the work , The value of the whole amount of labor and materials agreed to be furnished is Ell 17 Uzai of sarything claimant agreed or contacted to furnish) The value of the labor and materials furnished to date is $ 48.221.58 . Claimant has been paid (Total salue of everything actually furnished by claimant) the sum of S 40.916.62 and there is due, owing, and unpaid the sum of ;_304.96 together (Total amount which has ban paid to claimant) (Balance due to claimant on the project) with interest at the rate of 7 %per annum from March 1 1994 (Interest as specified in sontract. If none, legal rea is 7 %) (Data when unpaid balanca became due) You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: A -E_C_ Los Angeles — an.aslmefims for deails) (chair or sent of step ryDa" "claimant must sign hen and esrify below) VERIFICATION ' I, the undersigned, say: I am the Vice — President of the claimant of the foregoing ("Parent of ", "Winer of" "A (Auger of" "Dwmr or," aft.) Stop Notice; I have read said Stop Notice and know the contents thereof; the some is true of my own knowledge. 1 declare under penalty of perjury that the foregoing is true and correct. Executed on March 3 , 193At, at Los Angeles was, this doormat w signed) _(Nam of tiff when sta am aba mwtesa tag ear now en SO REVERSE SIDE FOR COMPLETE FORM 101 —®1980 By NEE RNi AEC, 3055 OawWid Aw, Log Awpla li ten :. tY131lTD8l71 California. 0 X181 IMS 241 pus 'pau81.s aia4M 43 941 'alep a43 uleluoo Isnw u011¢311uaA 841 ane4 106 saop y 'elw0ple0 10 WIS a4l w pau8ls s! 1! 11 'Aungad 10. 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(Name of owner. public a or construction M older) (Name) P.O. PDX 1768 870 SANTA RARRARA nPTVF (Address. II directed to a bank or savogs and loan assn , use address of branch holding lundl (Addoessl NRWP()RT RFACU CA ct9Fc�o -1768 NEWPORT BEACH, CA 92660 (City. stale and zip) icily state and trial TAKE NOTICE THAT LAN —AIR SUPPLY CO., INC. (Name of the person or bum claiming The stop notice. Licensed contractors must use the name under which conlracta3 license is issued) whose address is 10.3 F.. MEATS AVF.NTIF. ORANGE. CA 92665 (Address of person or Into claiming stop nahcel has performed labor and furnished materials for a work of improvement described as follows; NEWPORT BEACH POL•T_CE ROOFTNG ANT) HVAC RF.PT.ACFMFNT ( Name and location of The protect where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: VFNTTT T ATTnM CTTPPT TFQ (Kind of labor, services, egmpmeal. or materials Tumished or agreed 10 be furnished by claimant) The labor and materials were furnished to or for the following party: ACR MECHANICAL P_0 Rf)X ANGE. -1'71 Q�61� X350 (Name of The early who ordei¢0 the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................................. $ 1 5 2 a 15 :� The value of the labor and materials furnished to date is: ....................................................................... $ 1";1A r_"7 Claimant has been paid the sum of: ...................................................................................... ................ $ and there is due, owing and unpaid the sum of: ............................. ....................................................... $ t 5 a 67 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant clain equitable lien against any construction funds for this project which are in your hands. (�, FIRI J ° W :s FCC u0 m lzaa.�r� VERIFICATION I, the undersigned, say: I am the PR g— g 41 m ('President ol', "A partner of`, "Owner of', "Agent ol', etc.) the claimant named in the foregoing Slop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on T)Fr'FMRFR 21 , 1 QQ4 19 (pate INS document was signed) at California. where s wlice signetl) Morm sittflawle 01 the inchvirgladl who is swea rog that the coal" ol'NOp notice are love) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (Cfaimanl must enclose self-ad)lessed stamped envelope) See reverse side for additional information. MALCOTTS FORM that —STgD NOTICE —Ney. 4.91 (aicealass J)... . ".. .. eLMml@g use lliS ram mdq fiMin aB_. p1alY¢.agmake NtrAartr changes are appmpriah and necessay to ywr pastkNar e 9991 WOLCOITS, INC. bansaclgM1 Consult a lawyerl yw doubt a old S arm s I CSC M ybtifpu(pOS ?=use. MUSTS makes A warranty, express or implied. with respect To the merchantability re heress of ibis form for an intended use or W/pose. 0 All l sqof alenud iol iaumo ue uo panJas aapou dots a uo io sqol aggnd uo pannbou lou sl puoq a —sgof alenud uo japual uogowisuw a uo PPA19S aogou dols a 6uedwoaoe Isnul.wip.lo njou.dols 991Jo lunowe a41 sounl iaUenb auo pup auo iol puoq V (b) sluawoumboi aogou ayl yUm palldwoo aney no61eg1 ulelmoun aie nob l! Rawoge ue gnsuoo os '6ien �Jom alenud pue aggnd jol aogou tieulwllaid uo solnu ol!s qof aql of slegalew io 1pom sayslwn) lsig luewlelo ayl rage s6ep OZ aailou 6ieulwllaid a to 6ulll! ayl 6ulmollol 6luo pooh sl aapou dols V (£) 9Ll£-9gl£44 apoO l!n!o oaumo yllm io spunj huge lslulwpe Papua uogomisuoa to yaueiq io aalgo le uos�ad �o �aolpo alolsuodsa� yl!m aapou doss a alq 'qof alenud a up (Z) '6lZ£-6L1£54apoOpnlO saalswllopieoq' sioswadnslope oq' slaolgo' saalswl' sia6euew 'snuolsslwwooyllmjo'lowluoo awed ayl japun sluaw6ed o lew of s! It 61np asoqm migo bulsingslp oggnd jaylo io 7ollpne 'ialloiluoa ayl ul!m aogou dots a apl 'qof aggnd a up (L) NOI1VWd0ANI 1VNOI110UV CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 copy TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: October 5, 1993 SUBJECT: Contract No. C -2913 Description of Contract Police Facility Roofing and HVAC Replacement Effective date of Contract October 5, 1993 Authorized by Minute Action, approved on September 13, 1993 Contract with ACR Mechanical Corporation Address 240 W. Grove Ave. Orange, CA 92613 -5380 Amount of Contract "W� 6e , Wanda E. Raggio City Clerk WER:pm Attachment ff 3300 Newport Boulevard, Newport Beach (3y) BY THE CITY COUNCIL CITY OF NEWPORT BEACH September 13, 1993 SEP 1 31993 SUPPLEMENTAL CITY COUNCIL AGENDA I ITEM NO. L/ TO: Mayor and Members of the City Council FROM: Public Works Department and Police Department SUBJECT: POLICE FACILITY ROOFING AND HVAC REPLACEMENT (C -2913) RECOMMENDATIONS: Revise the award of Contract No. 2913 to include additional bid item A3 only, and award to ACR Mechanical Corporation for $460,832 DISCUSSION: The initially - written agenda item for the award of this contract recommended that all- electric heat pump HVAC units (alternative bid item Al) be installed in lieu of the base bid electric air conditioners with gas -fired furnaces. Since the agenda item was written, Staff has learned that the heat pump HVAC units that are on the market are not as energy- efficient as the gas /electrics that are available. Staff estimates that the more energy - efficient gas /electrics may save as much as $4000 per year in total energy costs at the facility. The initial cost for the gas /electric is $6000 greater, however. Additionally, it appears unlikely that AQMD sanctions against gas -fired units will be put into effect during the lifetime of the units. Moreover, a certain amount of wintertime wear and tear on costly heat pump compressors may be eliminated by installing units with gas -fired furnaces. Accordingly, Staff recommends that the contract include the installation of gas /electric HVAC units, and that Contract No. 2913, including additional bid item A3 (asbestos roofing removal), be awarded to ACR Mechanical Corporation for $460,832. Benj min B. Nolan Public Works Director LD • C eY THE C!IY C::.t;.., CITY OF NE'WPOi ?T r� , September 13, 1993 i SFP 1 3 1993 M CITY COUNCIL AGENDA M ITEM NO. 14 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: POLICE FACILITY ROOFING AND HVAC REPLACEMENT (C -2913) RECOMMENDATIONS: 1. Reject the bid of C.C.c.c. Heating & Air Conditioning, Inc. as being non - responsive. 2. Approve a budget amendment to transfer the Building Excise Tax appropriation for Balboa Island Fire Station. 3. Award Contract No. 2913, including additional bid items Al and A3, to ACR Mechanical Corporation for $454,832, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 a.m. on September 1, 1993 the City Clerk opened and read the following bids for this project: Total Bid Price Bidder Exc. Add. Bid Items Inc. Add. Bid Items LOW ACR Mechanical Corporation $422,082 $472,322 2. Team Construction Management 440,200 505,280 3. ACS Contracting, Inc. 459,810* 504,710 ** * Corrected Total Bid Price is $459,749.85 ** of It to It " 504,649.85 The low Total Bid Price including additional bid items is • 3% above the Engineer's Estimate of $460,000. The low bidder, ACR Mechanical Corp., is a well - qualified general engineering contractor who possesses a Class A Contractor's license. ACR has not performed previous contract work for the City; however, a check with their experience references and the State Contractors' License Board has shown that ACR has successfully completed similar projects as a general contractor and has no pending actions detrimental to their contractor's license, respectively. E Subject: Police Facility Roofing and HVAC Replacement (C -2913) September 13, 1993 Page 2 A fourth bid was tendered by C.C.c.c. Heating & Air Conditioning, Inc. Inasmuch as CCcc did not submit any of the City's required bid documents nor use City forms, but limited their proposal to providing only the heating /ventilation /air conditioning (HVAC) portion of the work, staff recommends that their bid be rejected as being "non- responsive ". This contract provides for the replacement of original roofing and HVAC units at the Police facility. The roofing is being replaced because it leaks at many locations, partly due to the deterioration of the 19 year old roofing materials, partly due to the amount of work activity that is routinely performed on the rooftop, and partly due to the dozens of roof penetrations and anchorages required for 28 HVAC units, plus fresh air ducts, communications and security devices, electrical conduits, helipad, etc. The original HVAC units are also being replaced at this time since they are aged (operating full -time upon this sealed building) and costly to operate as compared to today's energy efficient models. Also, since repair work on the old HVAC units is becoming more frequent, it is prudent to replace them in conjunction with the roofing replacement rather than at a later date when HVAC workers and installers may damage the integrity of the new roofing. The approximate annual energy savings with the new units is estimated to be $23,000. Plans, specifications and estimates for the HVAC and roofing portions of the project were prepared by Ludovise and Associates and by Independent Roofing Consultants, Inc., respectively. The General Provisions portion of the contract was prepared by Public Works and Police Department staffs. The General Provisions specify that since the building is in continuous operation, the Contractor is to provide temporary ventilation to the portion of the building that is operational whenever its HVAC units are out of service. This provision will necessitate that some work be performed at night or during weekends when the building is least occupied. The bid proposals contain 10 base bid items plus "additional bid items" Al, A2, and A3. Item Al substitutes all - electric heat pump HVAC units for the base bid electric air conditioning with gas -fired heating item. Item Al is recommended for inclusion in the award since it will save $6,000 in contract cost, eliminate concern for any future AQMD sanction against gas - fired units, and provide heating with a greater measure of rooftop safety. Staff notes that electric energy heating is more costly to operate than gas -fired heating; however, historic wintertime gas billings show that very little heating energy has been required for the Police facility. • • • • • Subject: Police Facility Roofing and HVAC Replacement (C -2913) September 13, 1993 • Page 3 Item A2 specifies that temperature sensors be added to return air ducts at an additional cost of $17,500. These sensors would override the wall- mounted thermostats that are located throughout the facility. Since the bid price for Item A2 was $10,000 higher than its estimate of $7,500, Staff recommends that the sensors may be more logically added and the cost more wisely invested at some future date when the City may elect to install an energy management system in the Police facility. Thus, Item A2 is not recommended for inclusion in the award. Item A3 specifies that the original asbestos roofing be removed so that the new roofing may be installed directly on the lightweight concrete roof deck instead of on top of the asbestos roofing. The work will cost an additional $38,750. Staff and the roofing consultant feel that the cost is justified since 1) the expected life -span of new roofing on the deck should be 3 to 5 years longer than a "mop- over" roofing, 2) any future leaks will be easier to locate and repair, and 3) the new roofing will "install" and "drain" better when placed on a concrete deck surface than on an irregular roofing material surface. Also, the asbestos material • may be more readily removed and disposed under 1993 regulations than under some future regulations. ACR's base bid plus Items Al and A3 total $454,832. Funds for award are proposed from the following accounts: Description Account No. Amount Police Facility Re -roof 7012- 98182005 $ 32,732 Police Facility HVAC Replace 7012- 98182006 172,100 Budget amendment (transfer) 250,000 $454,832 Staff recommends that the Building Excise Tax funds appropriated for Balboa Island Fire Station be transferred from Account No. 270 -4674 into Account No. 7012 - 98182005. These funds exceed that needed to construct and furnish the fire station. A budget amendment has been prepared for Council consideration. Since roofing removal has been added to the contract, the construction period has been lengthened by 1 week and the estimated • date of completion has been revised to November 14, 1993. Li 'dated damages are $1,500 per calendar day. qn enj min B. Nolan Bob McDonell Public Works Director Police Chief LD:so CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659-1768 unti r .11:00 A.M. — on the 1st day of September , 1993, at which time such bids shall be opened and read for POLICE FACILITY ROOFING AND HVAC REPLACEMENT Title of Project C-2913 Contract No. $460,000 Engineer's Estimate SEP 171993 Rpproved by the City Council V iriw inirWHl C()Rr this 9 day of August 1953. Wanda E. City Clark Prospective bidders may obtain one set of bid documents at no cost at Ne office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659-1768. For further information, call Lloyd Dalton at 644-3311. Project Manager ACR F�"sECHANICAL CORP. 240 W. GROVE P.O. BOX 530 ORANGE, CA 92523-5380 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL POLICE FACILITY ROOFING AND HVAC REPLACEMENT CONTRACT NO. 2913 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, read the Instructions to Bidders, and examined the Plans and Special Provisions; that he hereby proposes to furnish all materials and do all the work required to complete Contract No. 2913 in accordance with the Plans and Special Provisions; and that he will take in full payment therefor the following unit prices for the work, complete in place, to wit: TEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ FIVE THOUSAND FOUR HUNDRED b(ilars and ZERO Cents $ 5,460.00 Per Lump Sum 2. Lump Sum Remove and Reinstall Screen Wall TWENTY -EIGHT THOUSAND @ FIFTY Dollars and ZERO Cents $ 28,050.00 Per Lump Sum 3. 25,000 Construct torch applied mod - Sq. Feet ified base plus 2 Plv roofing ONE HUNDRED SIXTEEN THOUSAND @ ONE HUNDRED FORTY Dollars and ZERO Cents $ 46.456 $ 116,140.00 Per Square Foot SEP 17 1993 A�, n mcv nivivPL GORP MCC MECHMICAL CORD 240 W. GROVE to P.O. BOX 5380 j ORANGE, CA 92613 -5380 PR 1.2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 5 Construct Equipment Platform Each TWO THOUSAND EIGHT @ HUNDRED FIVE Dollars and ZERO Cents $ 561.00 $ 2,805.00 Per Each 5. 35 Construct Sheet Metal Cover Each for Platform TWENTY -SEVEN THOUSAND THREE @ HUNDRED THIRTY -FIVE Dollars and ZERO Cents $ 781.00 $ 27,335.00 Per Each 6. 5 Construct Enclosed Sleeper for Each Ex. Antenna THREE THOUSAND THREE HUNDRED @ NINETY Dollars and ZERO Cents $ 678.00 $ 3,390.00 Per Each 7. 2 Construct Enclosed Sleeper for Each Ex. Steel Stair Assembly ONE THOUSAND THREE @ HUNDRED FIFTY -SIX Dollars and ZERO Cents $ 678.00 $ 1,356.00 1 Per Each `1 B. 4 Raise Equipment Curb to 8 Inches © Each TWO THOUSAND TWO @ HUNDRED FORTY -FOUR Dollars and ZERO Cents $ 561.00 $ 2,244.00 Per Each 9. Lump Sum Remove and Replace 28 MVAC Units with Gas - Electric HVAC Units ONE HUNDRED NINETY -THREE THOUSAND FOUR @ HUNDRED FIFTY Dollars and ZERO Cents $ 193,450.00 Per Lump Sum RE C E IV SEP 17 1993 r ACR MvCHAN4CAL CORP, 24o W. GP.OVE P.O. BOX 5380 PR 1. 3 (%1,MiGE, CA 92513 -53SO ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Remove and Replace 8 Electrical Panel Enclosures and 10 HVAC CirF5"N -ONE THOUSAND EIGHT @ HUNDRED FIFTY -TWO Dollars ZERO Cents $ 41,852.00 Per Lump Sum I 1 FOUR HUNDRED TWENTY -TWO THOUSAND EIGHTY -TWO Dollars and Q ZERO Cents $ 422,082.00 99 TOTAL BID PRICE (WORDS) Excluding TOTAL BID PRICE Additional Bid Items (FIGURES) I * * * * * * * * * * * * * * * * * * * ** ADDITIONAL BID ITEMS * * * * * * * * * * * * * * * * * * * * ** Al. Lump Sum Add (Subtract) to Substitute Heat Pump Units for Gas - Electric Units and new steel gas piping Specified in Bid Item No. 9 i @ SIX THOUSAND Dollars iand ZERO Cents $'(6,000.00) Per Lump Sum A2. Lump Sum Add Return Duct Mounted Temperatures Sensors @ SEVENTEEN THOUSAND FIVE HUND(011ars and j ZERO Cents $ 17, 00.00 Per Lump Sum SEP 17 1993 A L N Mcvi �nm�.nv w.s� . 'ACF MECHANICAL CQRP • O W. GROVE P.O. Box 5380 PR 1.4 ORANGE, CA 92613 -5380 ZTEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE A3. Lump Sum Add Remove and Dispose of Ex. Asbesto Containing Roofing Material (ACRM) THIRTY -EIGHT THOUSAND SEVEN @ HUNDRED FIFTY Dollars and ZERO Cents $ 38,750.00 Per Lump Sum FOUR HUNDRED SEVENTY -TWO THOUSAND THREE HUNDRED b4iNlYm4 0 DOLLARS and ZERO Cents $ 472,322.00 TOTAL BID PRICE (WORDS) Including TOTAL BID PRICE Additional Bid Items (FIGURES) Bidders shall provide Total Bid Prices including and excluding Additional Bid Items. The City of Newport Beach reserves the right to award this contract including or excluding Additional Bid items. SEPTEMBER 1, 1993 ACR MECHANICAL CORPORATION Date Bid er (714) 998 -6320 c jy' xe, r Bidder's Telephone No. athoiHzed Siqnature /Title JOSEPH G. FINNERAN, PROJECT MANAGER 289105, C -20 240 W. GROVE AVE., (P.O.BOX 5380) ORANGE, CA_! Bidder's License Bidder's Address No. & Classification SEP 17 1993 53 • • Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON- COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% 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. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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 estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. RE CFO VF 5/91 SEP 17 1993 ,A t; , -CHANICAL Kr. i,Q, P,GX 5380 Page 2A %ANGE, CA 9261 3-5380 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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." All documents shall bear authorized to sign on behalf of signatures shall be of a co authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the -porate officer or an individual For partnerships, the signatures For sole ownership, the signature 289105 - C -20/ A, C •3 [,, C - lj/�( 7ntractor's License No. & Classification ACR MECHANICAL CORPORATION Bidder SEPTEMBER 1, 1993 Date horized Sigqnature Title /JOSEPH G. FINNERAN, PROJECT MANAGER RECEIVED 5/91 SEP 17 1993 ACR MECHANICAL4PRP. • 1240 W. GROVE P.O. BOX 5380 Page 3 OPANGE, CA 92613 -5380 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor 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. 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. 1. Subcontract Work ROOFING Subcontractor BRYANT ROOFING Address 1227 CLAUDINA. ANAHEIM, CA 2 ASBESTOS ABATEMENT VALLEY CONSTRUCTION ANAHEIM, CA 3 FRAMING /PLATFORMS KINCAID CONSTRUCTION 2801 W. COAST HWY, NEWPORT BCH 4 ELECTRICAL A.E.C. 4253 EAGLE ROCK BLVD., L.A. 5 PAINTING O.N.E. ANAHEIM, CA 6. 7. 8. 9 10. 11. 12. ACR MECHANICAL CORPORATION Bidder rized Signature /Title G. FINNERAN, PROJECT MANAGER PE;CFRVED SEP 17 7993 5/91 •J r' .,. . . 1._ Page 4 BIDD7ER'S BOND KNOW ALL MEN BY THESE - PRESENTS, That we, ACR MECHANICAL CORPORATION a8 bidder, and GREAT AMERICAN INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF THE AMOUNT OF BID Dollars ($ 10/ of BID ) , lawful money of the Un ted States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of POLICE FACILITY ROOFING & HVAC REPLACEMENT CONTRACT 42913 (Title of Project and Contract No.) in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 26th day Of AUGUST , 19 93, ACR MECHANICAL CORPO B -der (Attach Acknowledgment Of Attorney -In -Fact) Not dry Public Commission Expires: FEB. 06, 1996 KIN T. TRAN COMM.1936239 z ::m Notary Pubul Calftmia ZY. ORANGE COUNTY My Comm. oapke FEB 06,7996 S /D1 �y Author zed S gnature T tT ERWIN SOLLOWAY- PRESIDENT GREATIIkMERICA% INSURANCE COMPANY )3y: PrCE:lVIF 01 SEP 17 1993 0 Acknowledgment of Principal ROSEMARY STANDLE ' CCXWMSroN #9674519 Acknowledgment of Surety (Attorney- in- Faet)2 : ®' NOWY Nbrz - Wmia _ RWRSM COUNTY STATE OF CALIFORNIA County of RIVERSIDE �88 On AUGUST 26, 1993 before me, ROSEMARY STANDLEY (here insert name and title of the officer), personally appeared MICHAEL A giR{7W personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my and official seal. Signature (Seal) p.F (,!F11 417? SEP 17 1993 GUM AMERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No. 013335 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of (he said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MICHAEL D. STONG OF RIVERSIDE, CALIFORNIA ALL SHERI L. CHILCOAT OF RIVERSIDE, CALIFORNIA UNLIMITED MICHAEL A. QUIGLEY OF IRVINE, CALIFORNIA JENNIFER JOHNSTON OF IRVINE, CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the atiorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 21st day of August 1 1992 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 21St day of August, 1992 , before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal, that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979- RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -/n -Fact to execute in behalf of the Company, as surety, anv and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Companv with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. R E C E I V E D Signed and sealed this 26th day of AUGUST , 19 93 SEP 17 1993 A,, r+ ivi".i -nmv jtlL WR." S 1029M (03/90) ACR MECHMICAL CORP. 240 W. GROVE Page 5 P.D. SOX 5380 OFZANGE, CA 92513 -5380 NON - COLLUSION AFFIDAVIT State of California ) ORANGE ) ss. County of ) JOSEPH G. FINNERAN being first duly sworn, deposes and says that he XdkXYEM&X is PROJECT MANAGER of ACR MECHANICAL CORPORATION 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 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, south 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 that the foregoing is true and correct. ACR MECHANICAL CORPORATION,/ tt11ee Bidder JOSEP�rG1z1N�a P�JE iMAIVNGER Subscribed and sworn to before me this I' day of S&PtiM �u 193">. Not ry Public My Commission Expires: h�B.06,19`i� (SEAL) - KIN T. TRAN C COW #955239 Z Notary Pub4c Iu rNa ORANGE COUNTY My Comm, expires FEB 06.19% SEP 17 1993 5/91 .� L 1^. tY1L[Vi In ryiliMl t..U�� e M"J"R MECHANICAL Cvi n1 W. GPOVE Page 6 12.0. e,C X 5380 C- FUNCE, CA 92513.5380 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail) To Contact Number SEE ATTACHED LIST ACR MECHANICAL CORPORATION Bidder 5191 e FIN lf t Reb�ECT MANAGER RE CE IV ED SEP 17 1993 FAUL 90 - ICbn111LHL AbIL111 A14U LAfLK1LI1t.L KLf LKL11ULJ ACR MECHANICAL CORPORATION PARTIAL LIST OF JOBS COMPLETED WITHIN THE LAST FIVE (5) YEARS 1993 PROJECT: LOCATION• GENERAL CONTRACTOR: OWNER: ARCHITECT: CONTRACT AMOUNT: DATE OF COMPLETION• PROJECT: LOCATION• GENERAL CONTRACTOR: OWNER: ARCHITECT• CONTRACT .AMOUNT: DATE OF COMPLETION• PROJECT: LOCATION• GENERAL CONTRACTOR: OWNER: ARCHITECT: CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT: LOCATION: GENERAL -CONTRACTOR: OWNER: ARCHITECT: CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT: LOCATION: GENERAL CONTRACTOR: OWNER: ARCHITECT: CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT: LOCATION: GENERAL CONTRACTOR OWNER: ARCHITECT: CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT: LOCATION GENERAL CONTRACTOR• OWNER: ARCHITECT• CO CT AMOUNT: DATE OF COMPLETION; Koll Center Orange Koll Construction KCO One A.C. Martin $1,060,247 4/5/88 310/594 -5577 Mitsubishi Motors Corporation Headquarters Cypress Kajima International - Mitsubishi Motor Sales Kajima International $1,281,000 11/1/88 213/269 -0020 of America Inc. KCIN /Phase II /Building #2 Irvine Koll Construction- - 310/594 -5577 Koll /Columbia Venture Langdon - Wilson- Mumper $1,094,440 9/8/88 South Coast Corporate 11B11 /11011 Costa Mesa Dinwiddie Construction - 213/482 -1900 South Coast Center Associates Nadel Partnership $1,011,950 4/12/89 Griffin Towers /Phase II Santa Ana McCarthy - 714/474 -9999 Metro Associates, A California Limited Partnership Nadel Partnership $990,393 3/17/89 Albertson's Dry Grocery Addition Brea Epstein Construction - 312/454 -9100 Albertson's Inc. A. Epstein & Sons $204,625 10/5/89 Daily News /Press Valencia Birtcher Construction - 714/643 -2938 Cooke Media Group, Inc. Group Arcon $1,168,900j`.�B'aj'': 4/1/90 SEP 17 1993 A1Nh NlrL jInib,l - Uu'-- ACR MECHANICAL CORPORATION PARTIAL LIST OF JOBS COMPLETED PAGE 2 PROJECT: Neutrogena Corporate Headquarters LOCATION: Los Angeles GENERAL CONTRACTOR: McCormick Construction - 818/843 -2010 OWNER: Neutrogena Corporation ARCHITECT: Welton Becket Associates CONTRACT AMOUNT: $708,000 DATE OF COMPLETION: 3/7/90 PROJECT: Newport -Lido Medical LOCATION: Newport Beach GENERAL CONTRACTOR: Saffell & McAdam - 714/474 -2300 OWNER: Newport -Lido Medical Center ARCHITECT: Corbin /Yamafuji CONTRACT AMOUNT: $687,733 DATE OF COMPLETION: 9/19/89 PROJECT: Centerpointe "B" / "D" LOCATION: Cypress GENERAL CONTRACTOR: Birtcher Construction - 714/643 -2938 OWNER: Birtcher Campbell DDA, LTD A California ARCHITECT: Ware & Malcolm CONTRACT AMOUNT: $980,000 DATE OF COMPLETION: 3/31/90 PROJECT: Armorall Corporate LOCATION: Aliso Viejo GENERAL CONTRACTOR: Koll Construction - 310/594 -5577 OWNER: Koll Construction Company ARCHITECT: DeRevere Partnership CONTRACT AMOUNT: $220,986 DATE OF COMPLETION: 10/20/89 PROJECT: LOCATION• GENERAL CONTRACTOR: OWNER: ARCHITECT: CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT: LOCATION: GENERAL CONTRACTOR: OWNER: ARCHITECT• CONTRACT AMOUNT: DATE OF COMPLETION: Pierside Pavilion Huntington Beach Keller Construction - 443 -6633 California Resorts Haseko Associates Solberg & Lowe $355,000 6/22/90 Northwest T2 /T3 Terminal LAX Los Angeles Turner Construction - 213/486 -9834 Northwest Airlines Leo A. Daly $237,990 5/22/90 DECEIVE(') SEP 17 1993 ACR MECHANICAL CORPORATION PARTIAL LIST OF JOBS COMPLETED PAGE 3 PROJECT: LOCATION• GENERAL CONTRACTOR: OWNER: ARCHITECT• CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT: LOCATION• GENERAL CONTRACTOR: OWNER: ARCHITECT• CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT: LOCATION GENERAL CONTRACTOR: OWNER: ARCHITECT• CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT: LOCATION: GENERAL CONTRACTOR: OWNER: ARCHITECT• CONTRACT AMOUNT: DATE OF COMPLETION• PROJECT: LOCATION• GENERAL CONTRACTOR: OWNER: ARCHITECT• CONTRACT AMOUNT: DATE OF COMPLETION• PROJECT: LOCATION: GENERAL, CONTRACTOR: OWNER: ARCHITECT: CONTRACT AMOUNT: DATE OF COMPLETION: House Ear Institute Los Angeles Peck /Jones - 213/470 -1885 House Ear Institute A.C. Martin $1,200,000 9/7/90 Beckman Institute Pasadena Marelich Mechanical California Institute A.C. Martin $890,000 7/1/90 0 213/534 -1240 of Technology Beckman Institute Lab Fit -up Pasadena Turner Construction - 213/486 -9834 California Institute of Technology A.C. Martin $1,250,000 7/1/90 Ablestik Laboratory Rancho Dominguez Ablestik Laboratories - Ablestik Laboratories La Canada Design Group $800,000 7/15/90 213/637 -0662 KCIN 4 Irvine Koll Construction - 310/594 -5577 Koll Tower Four Associates Langdon, Wilson, Mumper $2,097,000 1/17/90 UCI /ICS Engineering Phase 3 Irvine A.R. Willinger - 714/760 -8850 The Regents of the University of California R.L. Binder $390,000 RECEIVE 6/21/91 SEP 17 1993 ACR MECHANICAL PARTIAL LIST OF PAGE 4 CORPORATION JOBS COMPLETED PROJECT: LOCATION• GENERAL CONTRACTOR: OWNER ARCHITECT: CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT: LOCATION• GENERAL CONTRACTOR: OWNER: ARCHITECT: CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT: LOCATION• GENERAL CONTRACTOR: OWNER: ARCHITECT• CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT: LOCATION: GENERAL CONTRACTOR: OWNER: ARCHITECT• CONTRACT AMOUNT; DATE OF COMPLETION: PROJECT: LOCATION• GENERAL CONTRACTOR: OWNER: ARCHITECT• CONTRACT AMOUNT: DATE OF COMPLETION: PROJECT, LOCATION: GENERAL CONTRACTOR: OWNER: ARCHITECT: CONTRACT AMOUNT: DATE OF COMPLETION • Pacific Bell Anaheim Roll Construction - Roll Anaheim Center McLarand /Vasquez $1,200,000 10/18/91 0 310/594 -5577 Associates Kaiser MOB Irvine J. Ray Construction - 714/660 -8888 Kaiser Foundation Health Plan, Inc. Falick /Klein Partnership $574,228 7/22/91 FHP Hospital Office Addition Fountain Valley Macco Constructors - 310/633 -0161 FHP Inc. Dan L. Rowland & Associates $1,568,000 12/1/91 Ramada Renaissance Hotel /LAX Los Angeles Mardian Construction - 449 -1044 Ramada Hotel Operating Company Nadel Partnership $2,049,900 12/1/91 Deluxe Laboratories Hollywood The Austin Company - 714/434 -8900 Deluxe Laboratories The Austin Company $1,039,300 4/1/92 Northrop NRTC Relocation Hawthorne W.E. O'Neil - 310/643 -7900 Northrop Corporation Northrop Corporation $549,405 6/2/92 RECEIVED SEP 17 1993 ACR MECHANICAL CORPORATION PARTIAL LIST OF JOBS COMPLETED PAGE 5 PROJECT: LOCATION: GENERAL CONTRACTOR: OWNS_ ARCHITECT• CONTRACT AMOUNT: DATE OF COMPLETION• PROJECT: LOCATION• GENERAL CONTRACTOR ARCHITECT: CONTRACT 1: CONTRACT AMOUNT: DATE OF COMPLETION• PROJECT: LOCATION• GENERAL CONTRACTOR• ARCHITECT• CONTRACT /: CONTRACT MOUNT.• DATE OF COMPLETION: PROJECT: LOCATION• GENERAL CONTRACTOR. ARCHITECT: CONTRACT 1: CONTRACT AMOUNT: DATE OF COMPLETION• PROJECT: LOCATION: GENERAL CONTRACTOR- OWNER: ARCHITECT• CONTRACT AMOUNT. DATE OF COMPLETION: PROJECT. LOCATION: GENERAL CONTRACTOR: OWNER: ARCHITECT• CONTRACT AMOUNT DATE OF COMPL ION Orval /Kent Foods Vernon The Austin Company - 714/434 -8900 Orval /Kent Food Company, Inc. The Austin Company $144,800 5/31/92 Disneyland /Sleeping Beauty Castle Remodel Anaheim R.D. Olson - 714/777 -0115 Disneyland DA -82365 $119,853 7/11/91 Disneyland /Adventureland Anaheim R.D. Olson - 714/777 -0115 Disneyland DA -62103 $232,575 7/11/91 Disneyland /Adventureland Anaheim R.D. Olson - 714/777 -0115 Disneyland DA -62103 $360,175 1/6/92 8000 Sunset Los Angeles Keller Construction - 8000 Sunset C/O Ha2ama The Albert Group $1,250,000 8/92 Frontieriand Phase I & Frontierland Phase II 818/443 -6633 Corporation Chapman College /Argyros Forum Orange Robert E. Bayley Construction - 714/540 -8863 Chapman College A.C. Martin $549,200 8/92 RECFtVF SEP 17 1993 4U h IVIC vnnra nt, 0 ACR MECHANICAL CORPORATION PARTIAL LIST OF JOBS COMPLETED PAGE 6 PROJECT: FHP Dental /Administration Building LOCATION: Fountain Valley GENERAL CONTRACTOR: Macco Constructors - 310/633 -0161 OWNER: FHP, Inc. ARCHITECT: Donn C. Gilmore CONTRACT AMOUNT: $531,500 DATE OF COMPLETION: 9/92 RE CF I VFr, SEP 17 1993 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY ROOFING AND HVAC REPLACEMENT CONTRACT NO. 2913 BIDDERS shall propose to with the Plans, Proposal, Provisions as modified by 1 3 PROPOSAL PR 1.4: ADDENDUM No. 1 complete Contract No. 2913 in accordance Contract Documents and Special this Addendum: Revise the 2nd note shown in bold: The City of Newport Beach reserves the right to award this contract including or excluding any or all Additional Bid Items. SPECIAL PROVISIONS SP 2 of 6: Section III. TIME OF COMPLETION: Add: If this contract is awarded including Additional Bid Item A3, the Contractor shall complete all construction within 30 consecutive calendar days between September 25, 1993 and November 14, 1993. If delivery of equipment completion of all work b y the Contractor may delay period without incurring such delay will increase Contractor must provide f specified under Section SPECIAL PROVISIONS SP 5 of 6: OTHER COMMUNICATIONS DEVICES: or materials will prohibit the the dates specified above, (but not lengthen) the work liquidated damages; however, the probability that the or storm protection as XIV, STORMPROOFING. Section XII. ANTENNAS AND Add: The Contractor is not responsible for removing, replacing, or repositioning communication antennas; however, he shall provide 72 hours minimum advance notification to the City as to when the antennas must be moved, and cooperate fully with Police Department personnel and workers to assure that the antennas are restored to service with a minimum amount of down time. RRCFIVFn SEP 17 1993 ACj h Nmvfw%vrq E Page 2 Addendum No. 1 Police Facility Roofing and HVAC Replacement Contract No. 2913 6 4. SPECIAL PROVISIONS 07514 -9: Section 3.04.B.3.: Revise first sentence as follows: Flashing shall be accomplished using Paradiene 20 reinforcing membrane and Veral flashing membrane. 5. PLANS SHEET M -1: Mechanical Notes and Specifications: Revise first sentence of Note 16. as follows: Condensate drain lines shall be Type L copper, sloped at 2% minimum. Please execute and date PROPOSAL. Failure to do your bid. -77 # DATE this Addendum and attach it to your so may result in disqualification of -0411 LloyA Dalton Project Manager I have carefully examined this Addendum and included full payment therefore in my PROPOSAL. DATE Adele eGc1/A4 /J c�� Bidder's Name Authorized Signatur 0 Page 7 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 of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page CERTIFICATE OF INSURANCE (Page GENERAL LIABILITY INSURANCE EN DOR AUTOMOBILE LIABILITY INSURANCE WORKERS' COMPENSATION INSURANC E CONTRACT (Page 14) 9) 10) SEMENT (Page 11) ENDORSEMENT (Page 12) CERTIFICATION (Page 13) 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. Payment and faithful performance bonds 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. 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 VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. RF_CEIVED PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that E-3 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 13, 1993 has awarded to ACR Mechanical Corporation hereinafter designated as the "Principal ", a contract for Police Facility Roofing and HVAC Replacement (Contract No. 2913 ) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. 2913 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, as Principal, and as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Dollars ( $ ) , said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. SEP 17 1993 5/97 Arh 0 0 Page 8A The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of . 19 ACR Mechanical Corporation Name of Contractor ( Principal) Name of Surety Address of Surety Authorized Signature /Title Authorized Agent Signature Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY BUST BE ATTACHED 5/91 t:ZlWy F1ECr- lVEt, SEP 1'7 1993 A V c. 0 0 Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 13 1993 has awarded to ACR Mechanical Corporation hereinafter designated as the "Principal ", a contract for Police Facility Roofing. and HVAC Replacement (Contract No. ) in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. 2913 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, as Principal, and as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Dollars ($ ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its RECEIVED S/91 SEP 17 1993 A%,n" 0 Page 9A obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 19 ACR Mechanical Coraoration Name of Contractor (Principal) Name of Surety Authorized Signature /Title Authorized Agent Signature Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY NUST BE ATTACHED RF CF: IVFn 5/91 SEP 1'7 1993 ALh i...... ... ..v. .. ,.v Adikk CATE NS PRODUCER COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B LETTER INSURED COMPANY C LETTER COVERAGE � THIS 5 TO CER(IF`�'iF 4T POLKYES OF DEELCW FiA SEEN ISSUE YO TFt INSURED NAMED ABOVE P �FdOD 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 AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE Go LTF TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ (OOCURANCE BASIS ONLY) COMMERCIAL PROOLICTS/COMPLETED $ COMPREHENSIVE OPERATIONS AGGREGATE D OWNERS & CONTRACTORS PROTECTIVE PERSONAL INJURY CONTRACTUAL FOR SPECIFIC CONTRACT E] PRODUCTStCOMPL OPER. XCU HAZARDS EACH OOCUPANCE $ BROAD FORM PROP. DAMAGE E] sEvEPABiury or INTEREST FIRE DAMAGE $ CLAUSE (ANY ONE FIRE) PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES REMOVED (AN( ONE PERSON) MARINE AUTOMOBILE LIABILITY COMBINED 3 COMPREHENSIVE SINGLE LIMIT INJURY $ OED (PBODILY ER PERSON) BoOtLYff`UURY $ HIRED (PER ACCIDENT) NON OWNED PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE UMBRELLA FORM OCCURRENCE OTHER THAN UMBRELLA FORM au s s I STATUTORY Qft WORKERS' COMPENSATION $ FACH ACCIDENT AND $ DISEASE - POLICY LIMIT EMPLOYERS' LIABILITY DISEASE - ENCH EMPLOYEE LONGSHOREMEN'S AND HARBOR -"q 5 WORKERS' COMPENSATION STATUTORY DESCRIPTION OF OPERATPMSILOCATIONSAqEH WRESTFU=ONSISPECIAL ITEMS; ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT. Police Facility Roofing and HVAC Replacement C-2913 PROJECT TITLE AND CONTRACT NUMBER ra C- Z�� F1 ATEHOLDER ' *Me CANCELLATION m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON RENEWED, CITY OF NEWPORT BEACH CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SHALL PROVIDE 30 DAYS MIN. ADVANCE 3300 NEWPORT BLVD, NOTICE TO TVtqqydXbftfoM BEACH BY REGISTERED MAIL NEWPORT BEACH, CA- 92659-1768 ATTENTIOW n AUTHORIZED REPRESENTATIVE ISSUE DATE J 0 Page 11 GENERAL LIABILITY INSURANCE ENDORSEMENT it is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph i of this endorsement shall be the limits indicated below written on an "Occurrence" basis: ( ) Commercial ( j Comprehensive General Liability $ each occurrence $ aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid.as damages under this endorsement in behalf of the additional insured(s). j( 5/91 i • Page 11A The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contract: Police Facility Roofing and HVAC Replacement C -2913 Project Title and Contract No. This endorsement is effective and forms a part of Policy No. (Company Affording Coverage). Insured: ISSUING COMPANY By: Authorized Representative a is r 5/91 b at 12:01 a.m. Endorsement No.: E 67 Page 12 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ( ) Multiple limits Bodily Injury Liability $ per person Bodily Injury Liability $ per accident Property Damage Liability $ ( ) Combined Single Limit Bodily Injury Liability & Property Damage Liability $ The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 5191 � x Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Des ignated Contract: Police Facility. Roofing and HVAC Replacement C--- Project Title and Contract No. This endorsement is effective at 12:01 a.m. and forms a part of Policy No. of (Company Affording Coverage). Insured: ISSUING COMPANY By: Authorized Representative 5/91 Endorsement No.: I t r. Pi r] Page 13 WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." September 13, 1993 ACR Mechanical Corporation Date Name of Contractor (Principal) C -2913 Contract Number Authorized Signature and Title Police Facility Roofing and NVAC Replacement Title of Project 5/91 0 Page 14 THIS AGREEMENT, entered into this SIG day of Cf2�� " , 19,f, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and ACR Mechanical Corporation , hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Police Facility Roofing and HVAC Replacement C -2913 Tatle of Project Contract No. B. Contractor has been determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Police Facility Roofing and HVAC Replacement C -2913 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Four Hundred Sixty Thousand Eight Hundred . This (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 S Ep 17 1993 pRP • 0 Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Police Facility Roofing and HVAC Repalcement Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation Mayor APPRO AS FORM ACR Mechanical Corporation,: CITY;ATTORN Name of Contractor ATTEST: IF 5/91 t Authorized Signature and� T' ele ERWIN SOLLOWAY /NC - PRESIDEN RECVIVV- C SEp 17 1993 ACR Mt n ^wwAL GORP • PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that Page 8 'ND NUMBER 7612643 PREMIUM: INCLUDED EXECUTED IN FOUR COUNTERPARTS WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 13, 1993 has awarded to ACR Mechanical Cor oration hereinafter des anated as the "Princ pal ", a contract for Police Facility the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. 2913 and the terms thereof require the furnishing of a bond, provid g that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter net forth: NOW, THEREFORE, We, ACR MECHANICAL CORPORATION as Principal, and GREAT AMERICAN INSURANCE COMPANY as Surety, are held firmly bound unto the Cltv of New ort Beach, n the SUM of FOUR HUNDRED SIXTY THOUSAND EIGHTHUND86)� I$T`�$ /100 said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the state of California. 5/91 in ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 09 -20 -93 before me, KIN T. TRAN � --------- DATE NutElmE DC OFRCEn -E4 lV4DOENDINt/PVBUL- personally appeared ERWIN SOLLOWAY xwt;pascn�nM . ® personally known to me - OR - O 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 executed the same in his author- ized capacity, and that by his signature(s) on the instrument the person(s) or the KIN T. TRAN entity upon behalf of which the person(s) COtdM. Me65239ected, executed the instrument. Notary Publitrl;afilomia ORANGE COUNTY Witness my hand and official seal. n:;y aomm. ezgt7s FEB 06.19% 7 A� CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL(S) %7 CORPORATE OFFICER(S) PRESIDENT nnE, 0 PARTNERS) 0 ATTORNEY -IN -FACT 0 TRUSTEE(S) O SUBSCRIBING 1MTNESS O GUARDIAN /CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: 'Nrror KRtoryq on omnst>a ATTENTION NOTARY: AMmo Ne Ndetnt lion mm4uested below is OPTIONAL, K wind prevent lraudulanlanachment of this certificate to unaAmired document THIS CERTIFICATE Title or Type of Document PAYMENT BOND ND. 761_uLla MUST BE ATTACHED Number of Pages TWO Date of Document 0 9 -13 - 9 3 TO THE DOCUMENT DESCRIBED AT RIGHT_ Signer(s) Other Than Named Above 80.1133-A Acknowledgment of Principal ' ROSEMARY STANDLEY. z comossam 096 459 3 ® Acknowledgment of Surety (Attorney -in -Fact � =Rstm 00 O +y CarnNaeOn E.qr« ,. xime r. Isse STATE OF CALIFORNIA County of RIVERSIDE as On SEP j 7 190 before me, ROSEMARY STANDLEY ' (here insert name and title of the officer), personally appeared MiuHAFEL 0. STOW personally (mown to me (or 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my nd official seal. Sienature (Seal) • . Page 8A The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et, seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this the above named Principal SEPTEMBER 19 93, instrument has been duly executed by and Surety, on the 17th day of ACR Mechanical Cornoration Name of Contractor (Print pal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 THE CITY DRIVE SOUTH STE 400 Address of Surety ORANGE, CA 92668 /cam (714) 740 -3283 Telephone NOTARY ACKNOWLEDGMENTS 00 CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 FACT • Page 9 FAITHFUL PERFORMANCE BOND BOND NUMBER 7612643 PREMIUM: $6,636.00 KNOW ALL MEN BY THESE PRESENTS, That EXECUTED IN FOUR COUNTERPARTS WHEREAS, the city Council of the City of Newport Beach, State of California, by motion adopted _,tep#emhjr 1994 has awarded to ACR McChaniCal Corporation hereinafter designated as the "Pr nc,ipal, a contract for Police FacllitY Roofing and HVAC Replacement (Contract No. — ) In the City of Newport Beach, in strict comformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. 2913 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, We, ACR MECHANICAL CORPORATION as Principal, and GREAT AMERICAN INSURANCE COMPANY as surety, are held f rmly bound unto the C t fT�el ottD In the Bum Of FOUR HUNDRED SIXTY THOUSAND EIGHT HUNDREDO ars $ 460.83 .00 ), said sum be ng equal to 100% of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its 5/91 0 0 Page 9A obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17th day of SEPTEMBER , 19 93. ACR Mechanical Corporation Name of Contractor (Principal) — GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 THE CITY DRIVE SOUTH STE 400 Address of Surety ORANGE, CA 92668 NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 CT Acknowledgment of Principal ^R Acknowledgment of Surety STATE OF CALIFORNIA County of JUVERSIDE SEP 17 1949 I as OSEMARY STANDLEY o ' 0 caMMMM (Attorney -in -Fact) #N7459 R/..n�s� V r v Vq JUNE r, ipps ROSEMARY STANDLEY On before me, (here insert name and title of the officer), personally appeared MICHAEL D STONE personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(sj 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand awp official seal. (Seal) A ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 09 -20 -93 before me, KIN T. TRAN ----- - - - - -- ewE WAMElR1E OFGf}1C61•E.G. iv,E WENOTMY/UEUC ' personally appeared ERWIN SOLLOWAY WWEMGitiGWF M ® personally known to me - OR - ❑ 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 executed the same in his author- ized capacity, and that by his signature(s) on the instrument the person(s) or the qN T. TRAN entity upon behalf of which the person(s) executed the instrument € . =: rMt9ry Put�lo-Car)roneia _ ORANGE COUNTY Witness my hand and official seal. Mtr wmm. expire& Fce 06,1998 % ��� miuunarExwrun CAPACITY CLAIMED BY SIGNER 0 INDIVIDUALS) IN CORPORATE OFFICER(S) PRESIDENT >mas 0 PARTNER(S) O ATTORNEY -IN -FACT Cl TRUSTEE(S) 0 SUBSCRIBING WITNESS 0 GUARDIAN /CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: IuME Of R,ISOW(e) W fMRYt�EA ATTENTION NOTARY: Although the lnformadon requested below is OPTIONA4 it could prevent kaudulent attachment Of INS Certificate to unauthorized document THIS CERTIFICATE Title or Type of Document FAITHFUL PERFORMANCE BOND Af0.76L2b4�5 MUST BE ATTACHED Number of Pages TWO Date of Document 09-17-93 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above BO- 1139 -A GWM AMERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No. 013335 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MICHAEL D. STONG OF RIVERSIDE, CALIFORNIA ALL SHERI L. CHILCOAT OF RIVERSIDE, CALIFORNIA UNLIMITED MICHAEL A. QUIGLEY OF IRVINE, CALIFORNIA JENNIFER JOHNSTON OF IRVINE, CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 21St day of August 1992 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 21St day of August, 1992 before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attomeys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 17th day of SEPTEMBER , 19 93 51029M (03/90) (MMMDNY) PRODUCER THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS IRKED AUTOS NON-OWNED AUTOS GARAGE LIABILITY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER TIDE CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COMBINED SINGLE LIMIT POLICIES BELOW Everest Insurance Services Inc BODILY INJURY (Per m-.) COMPANIES AFFORDING COVERAGE P. O. Box 10788 COMPANY BODILY INJURY (Per arddm0 Santa Ana, CA 92711 -0788 LETTER A COMPANY D LETER IIF PROPERTY DAMAGE INSURED COMPANY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM LETTER ACR Mechanical Corporation COMPANY EACH OCCURRENCE LETTER D Fremont Compenmuon Insurance P.O. Box 5380 COMPANY E Orange CA 92613 D LETTER THIS ISTOCERTIFYTIATTIIE POLICIES OFINSURANCE LISPED 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 MAYBE 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 HA YE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLtCYEFF' POLICY EXP. LIMITS TR DATE (MM/UD/YY) DATE (MMMI)f ) GENERAL LIABILITY GENERAL AGGREGATE I I GENERAL LIABILITY PRODCOMP /OP AGG. CLAIMS MADE �OCC. PERS. & ADV. INJURY R'S & CONTRACT'S PROT EACH OCCURRENCE OTHER DESCRIPTION OF OPE RATIONS /LOCATIONSA'EHmLES,EPECIAL ITEMS Verification of Insurance Police Facility Roofing & HVAC Replacement C -2913 10 Day NOC Nonpay/Nomeport City of Newport Beach P. O. Box 1768 3300 Newport Blvd. Newport Beach, CA 92659 -1768 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL J()_ DAYS WRITTEN NOTICE TO TILE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. i AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS IRKED AUTOS NON-OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE LIMIT BODILY INJURY (Per m-.) BODILY INJURY (Per arddm0 PROPERTY DAMAGE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE rtC.C.BEC.ATE .XslArin D WOREERS' COMPENSATION AND EMPLOYER'S LIABILITY SN9310148502 7101/93 7101/94 oar LIMITS EACH ACCIDENT 1000000 DISEASE - POLICY LIMIT 1000000 DISEASE -EACH EMT. i000000 OTHER DESCRIPTION OF OPE RATIONS /LOCATIONSA'EHmLES,EPECIAL ITEMS Verification of Insurance Police Facility Roofing & HVAC Replacement C -2913 10 Day NOC Nonpay/Nomeport City of Newport Beach P. O. Box 1768 3300 Newport Blvd. Newport Beach, CA 92659 -1768 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL J()_ DAYS WRITTEN NOTICE TO TILE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. i a Adk _ ••yCOMPANICS PAODYOlR GOODMAN INSURANCE AGENCY, INC. AFFORDINQ COVERAQB .0"PAW A 24 HAMMOND, SUITE G IRVINE, CALIFORNIA 92718 LETTER Reliance National OMPANY a LETTER Industrial Underwriters tNSYREO ACR Mechanical Corporation 240 W. Grove COWANY C LETTER Orance. Ca. 9266S ;SOVERAQEB 'N : =�� Tt18 -fB "TO CiRI1R Yil(�idFICIB�" BT�ED�B� Tb'f � OD AEOVE'�►OR THE Yy�� P� @OUn..••:� MlQkTM NOT00MITMDDIE ANY REMMMf. . W N ON CONMION OF ANY ODMTIACT OR 0714M DOW WNT WITH KWOU'T TO VAMH TM CERGflCATE LAY BE 03M OR MAY FffWBL TIGINSURAIICE AFFORDED !f THE FOUCIEB CIMUED KNEW IS SUSIECT TO ALL THE TORN& 0=91OW AND CCI"n" OF BUCFI FOUCEN AND s NDI AUSM WENDED Ck ALTERED BY THU oER WATE Go TYPE OF INSURANCE PCUCY HUMBER E� E ATTION ALL Uuft IN THOU&MOS OE(0000RANCEBAS�� Y(LON GENERAL AaGREGATE S 2,000 A M coNMERaAL NSA2395331 1 -10 -9 1-10-9 hlaWOisrooMFLETEO p',MwRD1ENSNE OPEAAMADaREOATE 2,000 ®aowrlAGroRe .. [J CONIMCTUAL FOR SFS:M CONI PEfi0A1Al IKIURY S 1,000 E&KN 00.^uRi&H E 1,000 ryT PAOC1=1110OUPI. OPE1L = WARDS BRDAO FORM mot. DAMAGE SEYERAKLAY OF BifERM CLAM FETE DAMAGE (ANY ONE FIRE) e 510, ® PERDONAL UAW WnN SPLOVEE EK=NON RE1 MEDICAL WENSES $ 10 IAR"E1 JANY ONE PERSON) , . AVTOMOBAX LABLnV ! 1 ,000 ' "(•� I A ooLwREeIENBMO NSA2395331 7 -10 -9 1-10-1 r ruNHr OWED [� FEiCD� B e -�wF'. �T. FNAaLraAEar B �s.:'� %�<;. IfNEO (PER ADCmEtff) ;,?:R±a, w ® NON-0WNEO 2: }}. PR DAMAGE S ERce" UABAAY EACH AGGREGATE B uMBRELIAIbAM OU91.24960 1 -10-9 '' W 0001WNCE CTIM Txw UMBRELLA FORA 4,000 B 4,000 WrAwroFff WORKIRY CONP04ATIOH E EACH ACCGENT AND { DMEPSE.P000Y UMff EMPLOYERS' UABUM B DISEASE •e}kCH EMPLOYEE LON0$HOREMEMMA AN0 HAABO I: :ti• -ri �.i- l {Dk���T-' `.� .,�jp�,: `:: ;��'t..'; WORKERS: COMPFUNSATN)H STAMOItY '.f.,y :..!'F`'�.ti�. ^,}.- '<:.t.::'::•.:. . OESCWPTON OF OPEPkrOdXWAT4WN8i1ClESMESMOTOMPECW. MUS: ALL OPERATIONS PERFOAMID FOR THE CITY OF NEWPORT BEACH BY OR ON BW F OF ME K ED INSURED IN COMEMM MN THE FOLWWINO CONTRACT: Police Facility Roofing &.HVAC Replacement C -2913 . PRaIKT MU AND CONTRACT NUMEBI ,CERTIFIC ATE, : > „IiOLbEt NCELL�AfION L: ^: z QiOLkD ANY OF THE ABODE OESCHSEO POLICIES BE NOFFRENEWM CITY OF NEWPORT BEACH CANC& Q' OR CQVS%#OE RHA<RCEO BEFORE THE OIPIRATION DATE THE P.O. BOX 1768 COWAW Aff"R 4 COYOME SNAIL MWOE So DAYS MM. ADVANCE 3300 NEWPORT BLVD, NOTM 0 cfTY of rFORT BEACH BY REOISTERED MAIL NEWPORT BEACH, CA 42654 -1768 ATrTO� 1 �y� 9/29/93 �f EWA wx E • • Page 11 C,xERnT LTABILITY INSUROCB ENDORSEKENN It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured (s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or snit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the'named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insureds) named in Paragraph 1 of this endorsement shall be the limits indicated below written on-an "Occurrence" basis: �Y1 commercial ( ) Comprehensive General Liability $ 1,000,000 each occurrence 2,000,000 aggregate 5191 The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid,as damages under this endorsement in behalf of the additional insured(s). Y • Page 11A The limits of liability as stated in this endorsement shall not i »crease the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability insurance.. s, should the policy be non - removed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contracts Police Facility Roofing and 11VA1 Replacement C -2913 Pro)eot Title an3 Contract No. This endorsement is effective 9/22;93 at 12 :01 a.m. and forms a part of Policy No.NSA2395331 of Kellance National Ins. Co. (company Affording Coverage ). Insured: ACR Mechanical Endorsement No.: 2 ISSUING CC�OJMPANY. By. AuMitzed RepFftsentativa Steven D. Goodman, CIC President Goodman Insurance Agency, Inc. Page 3.2 It is agreed that: I. With respect to such insurance as is afforded by the policy for. Automobile Liability, the city of Newport Beach, its offioers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured vbo is seeking coverage or against whoa a claim is made or suit is brought, except: with respect to the limits of liability of the company affording coverage," 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: (} multiple limits - Bodily injury Liability $ per person Bodily injury Liability $ per accident Property_ Damage Liability $ Combined single Limit Bodily Injury Liability a 1,000,000 Property Damage Liability $ The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 5197 Page 12A 4. Should the policy be non — renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attentions Public Works Department. S. Designated contract: Police Farilitr.Roofino and HVAL Rnnlacrm.+nr r._yJOi3 project Title and Contract No. This endorsement is affective 9/22/93 at 12:01 a.m. and forms a part of policy No. N' 345 of Reliance Natione9 In - Co. (Company Affording Coverage). Insured: ACR Mechanical Corp. Endorsement No.I 2A ISSUING COMPANY By: Authorized a tasantative Steven D. Goodman, CIC President Goodman Insurance Agency, Inc. SIM 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY September 13, 1993 TO: Mayor Clarence Turner and Members of City Council FROM: Robert H. Burnham SUBJ: Contract Number 2913 Police Facility Roofing HVAC Replacement The apparent low bidder on contract C -2913 is ACR Mechanical Corporation (ACR). ACR is a general engineering contractor with a Class A license. The second low bidder is TEAM Construction (TEAM). TEAM is a general building contractor with a Class B license. TEAM contends that regulations adopted by the state contractors license board prohibit a Class A licensee from performing the contract "because it is an existing structure with more than two unrelated building traits." (TEAM Construction letter dated September 10, 1993) The Courts have had occasion to evaluate the validity of the regulation relied upon by TEAM in a context similar to our facts (Ron Yates Construction ComDanv v. Superior Court) 186 Cal App. 3rd 337. In Yates Construction the Court ruled that state regulations which purported to prohibit contractors in one license classification from performing work in another classification were invalid to the extent they were inconsistent with legislation specifying the parameters of work that may be performed by various licensees. The Court ruled that a Class A licensee could properly construct a residence foundation consisting of eight caissons if the work required "specialized engineering knowledge and skill" of a Class A licensee. The Court rejected the Contractors License Board contention that residential foundations could be constructed only by a general building contractor. The Public Works Department has determined that contract C- 2913 does require specialized engineering knowledge and skill generally possessed by a Class A licensee. Accordingly, this office believes the City Council should award the contract to ACR with the finding that the project embodied by contract C -2913 requires "specialized engineering knowledge and skill" and with the understanding that ACR is in the process of obtaining a Class B license and will be so licensed within a week or ten days. L RHB:GJ CCME110.9 -13 S Ronert u. burnnam City Attorney r Li: •; "r tiEW ?ON. AUG 9 1993 • 0 August 9, 1993 CITY COUNCIL AGENDA ITEM NO. 13 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: POLICE FACILITY ROOFING AND HVAC REPLACEMENT (C -2913) RECOMMENDATIONS: 1. Approve the plans and specifications. Authorize the City Clerk to advertise for bids to be opened at .11.;.DD__A_M_ nn _Sepptember.l, 1993. This contract provides for the replacement of original roofing and heating /ventilation /air conditioning (HVAC) units at • the Police facility. The roofing is being replaced because it leaks at many locations, partly due to the deterioration of the 19 year old roofing materials and partly due to the dozens of roof penetrations and anchorages required for 27 HVAC units, plus fresh air ducts, communications and security devices, electrical conduits, helipad, etc. The original HVAC units are also being replaced at this time since they are aged (operating full -time in this sealed building) and costly to operate as compared to today's energy efficient models. Also, since repair work on the old HVAC units is becoming more frequent, it is prudent to replace them now while the roofing is being replaced rather than later when integrity of the new roofing would be at risk. The City's HVAC consultant, Ludovise and Associates, performed an "Electrotechnology Feasibility Study" (copy available in the Public works Department) to analyze potential energy- saving HVAC methods. The study was 3/4 financed by Southern California Edison Company in the interest of finding that "all- electric" HVAC units are economically desirable. • However, Staff felt that the findings were inconclusive, especially when possible utility company rebates were factored in. Accordingly, the contract specifies that the air conditioning replacements shall be high efficiency units with either natural gas or electric "heat pump" furnaces, at the 0 0 Subject: Police Facility Roofing and HVAC Replacement (C -2913) August 9, 1993 Page 2 • Contractor's option. Since various rebates are being offered by the gas company and the electric company when their type of equipment is installed, the contract provides that the rebates will be assigned to the Contractor, thus enabling bidders to be more cost competitive in their total bid amounts. Also, the bid proposal provides for alternative re -roof construction options. The first and cheaper option provided by the City's consultant, Independent Roofing Consultants (IRC), allows the Contractor to re -roof directly over the existing roofing. The second and longer -life option requires that the Contractor remove the existing roofing and rebuild directly upon the roof deck. By testing, the existing roofing was determined to contain asbestos. It is not considered hazardous to those who occupy the building; however, because of the substantial amount of extra work and care required to remove and dispose of asbestos materials, it may be considerably more expensive, even when measured on a life -cycle basis, to award this option. Plans, specifications and estimates for the HVAC and • roofing portions of the project have been prepared by the aforementioned consultants. The General Provisions portion of the contract was prepared by Public Works and Police Department staffs. The contract provides that since the building is continuously in operation, the Contractor is to provide temporary ventilation to the portion of the building that is operational whenever its HVAC units are out of service. This provision may necessitate that some work be performed at night or during weekends when the building is least occupied. Ludovise's estimate for the HVAC replacement (least costly option) is $250,000. IRC's re- roofing estimate (least costly option) is $210,000. Since the budget contains an appropriation of only $300,000 for the combined work, additional funds for award are proposed from excess funds appropriated for the construction of Balboa Island Fire Station No. 4. A budget amendment transferring funds will be presented for Council consideration when bids are received and the final costs known. The estimated date of completion is November 7, 1993. • Beniamin Nolan Jim Jacob Public Works Director Acting Police Chief Authorized to Publish Advertisements of all kinds ing public notices by Decree of the Superior court of Orange County, CO, ia, Number A -6214, September 29, 1961, and A-24631 June 11, 1963 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH —COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: August 13, 17, 1993 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 17 1993 at Costa Mesa, C alifornia Signature 9 at re' the on wppr oved. by the City C P1r1 this 9 d y of Au. gust, 1993. Wanda E. Reggio, CRY Clerk Prospective ddders may Dbtain one set of bid docu- ments at no cost at the of- fice of the Public works Department, 3300 Newport Boulevard, P.O. BOX 1768, 4ewport Bead,, CA 92659- For further information, :all Lloyd Dalton at 644- 1311. Published Newport leach -Costa Mesa Dally 91ot Apgust 13, 17. 1993. FTiO4 PROOF OF PUBLICATION 11-00 o