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Home My WebLink AboutC-3367 - PSA for Washington Street and Balboa Pier Restroom Replacementi November 26, 2003 Klassic, Inc. 681 S. Tustin Avenue, Suite 204 Orange, CA 92866 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Subject: Balboa Pier and Washington Street Restroom Replacements (C -3367) To Whom It May Concern: On November 26, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on January 27, 2003. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 831514P. Enclosed is the Faithful Performance Bond. �Sinc ely, �,�� J- 19-AAk( i�j aVonne Harkl�ss, CMC tt VV City Clerk cc: Public Works Department R. Gunther, P. E., Construction Engineer enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 6 0 PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 BOND NO. 831514P EXECUTED IN QUADRUPLICATE FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 8,813.00 being at the rate of $ 25.00/$15.00/$10-00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Klassic, Inc., hereinafter designated as the "Principal ", a contract for construction of BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS, Contract No. 3367 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3367 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of five hundred thirty -one thousand, three hundred and 001100 Dollars ($531,300.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety wilt faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. PAGE 17 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the 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 shalt 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 the24TH day of OCTOBER 1. a Klassic, Inc. (Principal) Authorized Signa ure/Title DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 425 W. BROADUAY, SUITE 207 GLENDALE, CA 91204 Address of Surety 818 -552 -6125 Telephone Auth'ed AISignt ru ems, DWIGHT REILLY, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of SAN BERNARDINO ss. 11J On OCT. 24, 2001_ before me,CLAUDETTE N. MARTIN, NOTARY PUBLIC Delo Name and Tile nl ar ix+ (e q.,'Jene Doe, Notary Pd6ni personally appeared DWIGHT REILLY------------------- ---- - -- - -- N personally known to me U proved to me on the basis of satisfactory evidence to be. the person) whose name{) is /N(h subscribed to the within instrument and acknowledged to me that helsl)Rffl9ta� executed the same in his /Ne`ilSlYeYr authorized capacity_ -i ", and that by hislh�]Uth }f signalufe(Pf,1 on the instrument the person(y), or the entity upon behalf of which the person(N) acted. executed the instrument. WITNESS my hand and official seal. � Place Nalpry Seal AEOVa �Sigaafly Pab CLAUDETTE N. MARTIN OPTIONAL Though Pre fnforniefior7 befoov is not required by law, it may prove vak7able fo persons relying on lire document end could proven( rreudufenf remover' end reaflachmen! 07 Pits form !o another docuntenl. Description of Attachec! Document Title or Type of Document: , PAYMENT BOND Document Date: OCTOBER 24, 2001 Number of Pages: 2 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Sigher Signer's Name: DWIGHT RE ILLY ---------- - --- "-- ❑ Individual Ton of Ihaa,b here 0 Corporate Officer — Tille(s): ❑ Partner — ❑ limited 0 General 9 Attorney in Fact . ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: DEVELOPERS SURETY AND INDEMNITY .COMP NY 0 1997 Nnlionei Nomry Assodafon 1 9350 De Solo Ave., P.O. Sox 2402 - CholSworih. CA 91313.2402 Prod. No. 5907 Reonim Cali TDRFree f -000.0766027 Z CLAUDETTE N. MARTIN * S COMM, #1177936 s P " NOTARY PUBUC- CALIFORNIA p 1 SAN BERNARDINO COUNTY N personally known to me U proved to me on the basis of satisfactory evidence to be. the person) whose name{) is /N(h subscribed to the within instrument and acknowledged to me that helsl)Rffl9ta� executed the same in his /Ne`ilSlYeYr authorized capacity_ -i ", and that by hislh�]Uth }f signalufe(Pf,1 on the instrument the person(y), or the entity upon behalf of which the person(N) acted. executed the instrument. WITNESS my hand and official seal. � Place Nalpry Seal AEOVa �Sigaafly Pab CLAUDETTE N. MARTIN OPTIONAL Though Pre fnforniefior7 befoov is not required by law, it may prove vak7able fo persons relying on lire document end could proven( rreudufenf remover' end reaflachmen! 07 Pits form !o another docuntenl. Description of Attachec! Document Title or Type of Document: , PAYMENT BOND Document Date: OCTOBER 24, 2001 Number of Pages: 2 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Sigher Signer's Name: DWIGHT RE ILLY ---------- - --- "-- ❑ Individual Ton of Ihaa,b here 0 Corporate Officer — Tille(s): ❑ Partner — ❑ limited 0 General 9 Attorney in Fact . ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: DEVELOPERS SURETY AND INDEMNITY .COMP NY 0 1997 Nnlionei Nomry Assodafon 1 9350 De Solo Ave., P.O. Sox 2402 - CholSworih. CA 91313.2402 Prod. No. 5907 Reonim Cali TDRFree f -000.0766027 • • PONVER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDENINITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 . (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each severally, but notjointly, hereby make, constitute and appoint: `V. MARTINEZ, DWIGHT REILLY, H. J. DUECK, CLAUDETTE N. MARTIN, JOINTLY OR SEVERALLY ' as the true and lawful Anorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attotmy(s) -in -Fact, pursuant to these presents, are hcrcby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them herebv is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Anomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the cxccntion of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by theirrespective Executive Vice President and attested by their respective Secretary this 8`h day of November, 2000. Bv. David H. Rhodes, Executive Vice President Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) AND ��F�ti O \ p . =' A, GootAFPtPAONgY g r 4 SEAL `e< w Ocr.s 0 1936 O 2 1967 ZIF On November 8, 2000, before me, Diane f. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature u CERTIFICATE DWE . J. KAWATA COMM, •t 8 C D NOTARYPUBUG- GALIFQRWA m ORANGE COUNTY MVCmm. Fes. Ja B, 2002 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hcrcby cer A that the foregoing Power of Attomcy remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomcy, arc in force as of the data of this Certificate. This Certificate is executed in the City of Irvine, California, thci 4TH day of —Q—QTUERi __20n l . C� David G. Lane. Chief Operating Officer ID-1380(i 1/00) CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVorme M. Harkless, CMC January 27, 2003 Klassic,Inc. 681 S. Tustin Avenue, Suite 204 Orange, CA 92866 Subject: Balboa Pier and Washington Street Restroom Replacements (C -3367) To Whom It May Concern: On November 26, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 23, 2002, Reference No. 2002001175718. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 831514P. Enclosed is the Labor & Materials Payment Bond. Sincerely, D G-fYJ Ozrv- �D ✓LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, P.E., Construction Engineer encl. 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • • PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 BOND NO. 831514P PREMIUM: $8,813.00 EXECUTED IN QUADRUPLICATE LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Klassic, Inc., hereinafter designated as the "Principal," a contract for construction of BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS, Contract No. 3367 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3367 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, DEVELOPERS SURETY AND INDEMNITY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of five hundred thirty -one thousand, three hundred and 001100 Dollars ($531,300.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. E 0 PAGE 15 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, thi s Principal and Surety, on the 24TH Klassic, Inc. (Principal) DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety instrument has been duly executed by the above named day of OCTOBER , 2001. rS Authorized S' ure/Title 425 W. BROADWAY, SUITE 207 GLENDALE, CA 91204 Address of Surety 818- 552 -6125 Telephone ,4C 'L'� Authorized Agent Signat DWIGHT REILLY, ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California l SAN BERNARDINO } ss. County of J On OCT. 24, 2001 before me, CLAUDETTE N. MARTIN, NOTARY PUBLIC Dale Nxme and Till, of officer (0.9.. "Jane Dos. Notary Public 'I personally appeared DWIGHT REILLY ------------------------------- Name(o) of Signor(s) z CLAUDETTE N. MARTIN i S COMM. #1177936 S P NOTARY PUBLIC - CALIFORNIA P 1 SAN BERNARDINO COUNTY 1 E..+.r..«+++..+«Y20 ..m' EXP. Me h 29,2D02 �:J personally known to me O proved to me on the basis of satisfactory evidence to be the person(x) whose name%) is /aim subscribed to the within instrument and acknowledged to me that hekjjV M)( executed the same in his /hey/jM]( authorized capacityft4, and that by hjsRWl5 I N X signature(p) on the instrument the personfg), or the entity upon behalf of which the person (T) acted, executed the instrument_ WITNESS my hand and official sea((.. ,n Place N,Io,, Soot Abo,, $i9nolare of Notary PvOic CLAUDETTE N. MARTIN OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document, Description of Attached Document Title or Type of Document: PERFORMANCE BOND Document Date: OCTOBER 24, 2 001 Number of Pages: Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: DWIGHT REILLY--------------- O Individual O Corporate Officer— Tife(s): 0 Partner —O Limited D General W Attorney in Fact 0 Trustee O Guardian or Conservator 0 Other: Signer Is Representing: DEVELOPERS SURETY AND INDEMNITY 0 199 1 Naliaoal Notary Asaocialion - 9350 De Solo Ave., P.O. Bon 2402 - Chof,o,th. CA 91313.2402 Prod. No 5901 Reorder: Cau ToII.Fre¢ 1.800 878.6827 • • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 . (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each severally, but notjointly, hereby make, constitute and appoint: ;'"'V- MARTINEZ, DWIGHT REILLY, H. J. DUECK, CLAUDETTE N. MARTIN, JOINTLY OR SEVERALLY' as the we and lawful Attomev(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorneyis) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Anomcy(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Sit day of November, 2000. STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures an the instrument the entity upon behalf of which (he persons acted, executed the instrument. WITNESS my hand and official seal. L, Signature _ CERTIFICATE DIANE J. KAWATA CGMM. #r[ 281928 i . NO7AQMM..#i1157IFONNWc w ORANGE COUNTY My CO nriL EV. Jan. a. 2002 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthcrtnore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, [h2 4TH day of OCTOBER 2001 \ By I David G. Lane, Chief Operating Officer ID -1380 (1 V00) 13y:. . "(V AND David H. Rhodes, Executive Vice President -`QE .00. O � i GSEAL ey: p? 1936 _ Walter A. Crowell, Secretary �`,'t7 -' /O`P/P', STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures an the instrument the entity upon behalf of which (he persons acted, executed the instrument. WITNESS my hand and official seal. L, Signature _ CERTIFICATE DIANE J. KAWATA CGMM. #r[ 281928 i . NO7AQMM..#i1157IFONNWc w ORANGE COUNTY My CO nriL EV. Jan. a. 2002 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthcrtnore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, [h2 4TH day of OCTOBER 2001 \ By I David G. Lane, Chief Operating Officer ID -1380 (1 V00) RECORDING -REQU€ TED BY AND W HEN RECdRDED R TURN TO: City Clerk '03 JP 10 ' 0 .25 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92Q63- 0 Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder llllllil11111111111111111111111111111111111111111111111111111 11111NO FEE 200200117571812:17pm 12123102 107 23 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, I,A v Newport Beach, California, 92663, as Owner, and Klassic, Inc. of Orange, California, as Contractor, entered into a Contract on October 23, 2001. Said Contract set forth certain improvements, as follows: Balboa Pier and Washington Street Restroom Replacement (C -3367) Work on said Contract was completed on July 31, 2002, and was found to be acceptable on November 26, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Indemnity Company. B Publi s Di or ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY •_/ Y��7 rn �� 'N�.�LL Cif City Clerk CI "TY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 27, 2002 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Balboa Pier and Washington Street Restroom Replacement (C -3367) Notice of Completion for the Balboa Island Bridge Beautification (C -3375) Notice of Completion for the Balboa Boulevard Reconstruction and Drainage Improvements from Medina Way to 12th Street (C -3428) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, VVI 64 �dxw-� #//. VWi&I-2 LaVonne M. Harkless, CMC /AAE City Clerk Enclosures 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 xempt trom recording lees 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 Klassic, Inc. of Orange, California, as Contractor, entered into a Contract on October 23, 2001. Said Contract set forth certain improvements, as follows: Balboa Pier and Washington Street Restroom Replacement (C -3367) Work on said Contract was completed on July 31, 2002, and was found to be acceptable on November 26, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Indemnity Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a 7 OL7 } —,at Newport Beach, California. BY 67 lb-� City Clerk 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND MEMBERS OF THE FROM: Public Works Department Lloyd Dalton, P.E. 949 - 644 -3311 ldalton@city.newport-beach.ca.us C- - )13✓ -/ IM C1q cml qo) Agenda Item No. 10 November 26, 2002 SUBJECT: BALBOA PIER AND WASHINGTON STREET RESTROOM REPLACEMENTS, CONTRACT NO. 3367 - COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after City Council acceptance. 5. Approve a Budget Amendment transferring $24,673.12 from Account No. 7231- 2320621 to Account No. 7231- C5100567. DISCUSSION: On October 23, 2001, the City Council awarded this project to Klassic, Inc. of Orange, California. The work included removing and replacing the Balboa Pier and Washington Street restroom buildings. Construction administration and inspection services were contracted with Harris & Associates (Harris), concurrent with their construction administration and inspection of Balboa Village Improvements, Phase I. The restroom construction has now been completed to the satisfaction of Harris and the Public Works Department. The contract cost is summarized as follows: Award amount: Net amount of Change Orders: Final contract cost: $531,300.00 49.883.12 $581,183.12 The final contract cost, including Change Orders, is 9.4 percent over the original bid amount. SUBJECT: Balboa Pier and Walton Street Restroom Replacement, Contract No. 30 Completion and Acceptance November 26, 2002 Page 2 Harris and Associates issued five Change Orders totaling $49,883.12 for the following items: 1. A Change Order in the amount of $7,205.37 provided for sewer revisions within a restroom and for additional reinforcement to the new restroom footings. 2. A Change Order in the amount of $3,918.73 provided for replacing a corroded existing sewer connection. 3. A Change Order in the amount of $22,368.23 provided for removing oversized footings that interfered with construction of the new restroom footings. 4. A Change Order in the amount of $17,441.40 provided for changes in electrical fixtures, ceramic tile, ventilation louvers and 17 other items of work, and for deleting certain tile, stucco and four items of work from the contract. 5. A Change Order in the amounts of $13,825.39 for adding restroom security mesh, temporary toilet service and electrical panel footing, and {$14,876.00} for deleting wire mesh and damages for days of late completion of work. An additional $24,673.12 is needed to fund the final retention for this project. There are sufficient funds remaining on the encumbrance from the Ocean Piers Rehabilitation project due to construction savings. Staff recommends a transfer of $24,673.12 Tidelands funds from CIP Account No. 7231- C2320621 to Account No. 7231- C5100567. Upon approval of the above transfer, construction funds will be expended from the following accounts to fund the project: Account Description Account Number Amount Beach Restroom Improvements 7295- C5100567 $273,000.00 Washington Street Restroom Replacement 7011- C5100632 253,510.00 Beach Restroom Improvements 7231- C5100567 54,673.12 Total: $581,183.12 The contract stipulated completion of all work within 110 consecutive working days from the date of award, on or before April 5, 2002. Due to revisions and additions to the work and delays beyond Klassic's control, the City granted 40 extra working days to complete the work, thus extending the completion date to June 12, 2002. Klassic substantially completed the work on July 31, 2002, which is 49 calendar days after the extended completion date. Staff has included the assessment of damages for days of late completion into the credit amount for Change Order No. 5. Environmental Review: Not applicable. Prepared by: Submitted by:.10150e� EloVDalton, P.E. NeG. Baclum Project • •• • of Public Attachment: Budget Amendment qty of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 024 AMOUNT: 524,673.12 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance NX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations due for Balboa Pier and Washington Street Restroom Replacement Project. C -3367. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Division Account Signed: Signed: Signed: Number Number Number Number Number Number Number Number Number Number Description Description Description 7231 Tidelands C2320621 Balboa Pier Ramp /Gangway 7231 Tidelands C5100567 Beach Restroom Improvement Administrative City Council Approval: City Clerk Amount Debit Credit $24,673.12 Automatic $24,673.12 Date to Date Jty of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 024 AMOUNT: 524,673.12 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance qX No effect on Budgetary Fund Balance MnU % LUiJC This budget amendment is requested to provide for the following: To increase expenditure appropriations due for Balboa Pier and Washington Street Restroom Replacement Project. C -3367. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Description Description Description 7231 Tidelands C2320621 Balboa Pier Ramp /Gangway 7231 Tidelands C5100567 Beach Restroom Improvement Finanaa Approval: Administra!j a ervices Director y. Administraattiv Appr almCity 7ger City Council Approval: City Clerk Amount Debit Credit $24,673.12 $24,673.12 Date to (d b� Date 11 /14 /2OK 09:V 714289n?RB KLA55IC INC PAGE 02 • • aU"L f N0. 721 —P. 213 — `VV r RELEASE OF STOP NOTICE To: a t�no� -4 tntr F, tibl i r l Hof k Q? ftOV 2 :47 3306 fLe a r I- r(V Jib + tC S q2 7obsite: V This Release releases that certain Stop Notice dated i 11 8102 in the sum of 6 I -J —tit ('-t • m for supplied to Ri[ . b: IL CA tFF for use at the above described location. Dated: )1 O%i STATE OF CALIFORNIA ) ) ss Date / / V Copies Sei t To: ❑ r, Mayor ❑ Counc I Member ❑ Manager By / Attorr. ❑ P COUNTY OF OI1:10 '6C ) On this �� %'�� before me, the undersigned Notary Public, in and for said State, personally appearedrg�}lt 'ran t�f , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who name(s) istare subscribed to the within instrument and acknowledged to me that he /she/they executed same in hislher /their capacity(ies), and that by his/herltheir signatures) on the instrument the person(s), or entity upon bchalf of which the person(s) acted, executed the instrttment. RtNtAID J. DUM93Na, WITNESS m and and official seal. COMI UOM p 1m7W A lbta ruc la m q county Signature OL �„�'Q�(,� Np•eom1%S0�, bjM2= I to 11/14/2662 69:02 7142896 KLASSIC INC PAGE 09 N0.721 P.9�3 UNCONDMONAL WAIVER AND RELEASE UPON MAL [CAbStnft C60 00" 83363 (d) (4)I The undersigned has been paid in full fbr all labor, services, equipment for materiel furnisbed to �Vl iy 11_ oa the job ofr�lAfa�ti Kin located and does hereby waive and release any right to a i mechanic's lim, stop notice or any right against a labor and material bond on the job, except for disputed claims fbr extra work in the amount of Dated: I 0 B & F SUPPLY, INC. 7261 Mare Drive Huntington Beach, CA 92647 KIM, ohs NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU NAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. 0 e f ii c, HIV Lie 6u rl�� STOP NOTICE alb UeYL LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Works) To: Citv of Newport Beach, Public Works Dent., 3300 Newport Blvd., Newport Beach, CA 92663 TAKE NOTICE THAT B & F SUPPLY, INC. Date Copies Sent To: Whose address is 7261 Mars Drive, Huntington Beach, CA 92647 ❑ Mayor ❑ Council Member Has performed labor and/or furnished materials for a work of improvement described as follows: l] Manager Restroom Replacements, Balboa Pier & Washington St., Newport Beach, C ErAttorney Klassic Job Contract #3375 P.O. #3367( The labor and/or materials were furnished to or for the following party: KLASSIC CONSTRO917N- The type of labor and/or materials furnished was: Furnish only - Doors, frames, gates and harrl–ware Total value of the whole amount of labor and/or materials agreed to be furnished: .................. $13,614.00 The value of the labor and/or materials famished to date: ................................................... 13,614.00 Claimant has been paid the sum of : ..................................................................................... 00 And there is due, owing and unpaid the sum o£ ............................. ............................... $13,614.00 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 claims an equitable lien against any construction funds for this project which are in your hands. FIRM N F S'l P Y INC. By` p eter Oes1r, General Manager VERIFICATION I, the undersigned, say: I am the General Manager of the claimant named in the foregoing Stop 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: 07 -18 -02 at Huntington Beach California. n -r By: _ er OestreW , General Manager REQUEST FOR NOTICE OF ELECTION T N - (Private Works Only) ` If an election is made not to withhold funds pursuant to this Stop Notice by reason of a pent bond havi been recorded in accordance with Section 3235 of 3162, please send notice of such an eljei�on anA 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: CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be recei �Ne�=epl of the City Clerk, 3300 Newport Boulevard, P. Box 1rt Beach, CA 92658 -8915 until 11:00 a.m. on1be 26th day of September 2001, at which time such bi ha Lb ened and read for BALBOA PIER AND WASHINGTON STREET RESTROOM REPLACEMENTS Title of Project Contract No. 3367 $500,000 Engineer's Estimate Ap roved by ephen G. Badum Public Works Director Prospective bidders may obtain bid documents at actual cost from the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: `B" For general information, call Lloyd Dalton, PJect Manager at (949) 644- 3328 For technical information, call Ron Yeo. Project Architect at (949) 644 -8111 0 • PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the proiect and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. J++ M I • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND... ............................... .................................. ........... 14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ....................................... ....................... .. ... .... .. ... . ........ . ...... SP -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 PAGE 1 BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. PAGE 2 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available 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). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 759241 class A & B Contractor's License No. & Classification Klassic, Inc, Bidder�/�I . . I�. I111i11fA Vice President Authorized SSiign-- -a��tture/Title September 24, 2001 Date • • PAGE: 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 BIDDER'S BOND /fi-t'!-r .i-4- We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of _ Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS, Contract No. 3367 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of Name of Contractor (Principal) Name of Surety Address of Surety Telephone 2001. Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($ 10 0 * * * * * * * * *), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS, Contract No. 3367 In the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this --21ST day of SEPTEMBER _,2001. KLASSIC ENGINEERING & CONSTRUCTION, INC. Name of Contractor (Principal) u oozed Signature/Title DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 425 W. BROADWAY, SUITE 207 GLENDALE, CA 91204 Address of Surety 818 -552 -6125 Telephone Authorized Agent Signature DWIGHT REILLY ATTORNEY —IN —FACT Print Name and (Notary acknowledgment of Principal & Surety must be attached) 0 0 ALL- PURPOSE ACKNOWLEDGM State. of California ss. County of SAN BERNARDINO On SEPT. 21, 2001 before me, CLAUDETTE N. MARTIN, NOTARY PUb�IC Dale Name and rills of O91cer (e.9 'Jana Doe. Notary PUbllc') personally appeared DWIGHT REILLY ---------------------------- -- Name a) of Signor(4) XXpersonally known to me ❑ proved to me on the basis of satisfactory evidence CLAUDETTE N. MARTIN Z 5 COMM."77936 S ?- WT MY PLOW- CALIFORNIA P y cannot otNAaD » . ................ N. ►torts to be the person(3) whose hame(§p IsHM subscribed to the within instrument and acknowledged to me that he/1 0&tN9ftxecuted the same In his /[*Xitl"x authorized capacitypM), and that by hlsMIKrAKlNK signature(iN on the instrument the person), or the entity upon behalf of which the personN) acted. executed the instrument. WITNESS my hand —{yand .�official seal. Piece Notary Seal Above SI nalu a of Notxry Publle CLAUDE�TE N. MARTIN OPTIONAL Though the information below Is not required by few, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Dale: SEPTEMBER 21, 2001 Number of Pages: 1 Signer(s) Other Than Named Above: NONE Capaclty(les) Claimed by Signer Signer's Name: DWIGHT REILLY----------=-- -------------- ❑ Individual Top of Thumb fiery El Corporate Officer — 11119(s): ❑ Partner — O Limned ❑ General j IN Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: DEVELOPERS SURETY AND INDEMNITY COMPANY 0 tool National Nolory Aeeoclallon • 9350 De Solo Ave., P.O. Box 24012 - Chalsworlh, CA 91313 -2402 Prod. No. 5907 Reorder: Can 'roll-Fri. 0 E POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19735, IRVINE, CA 92623 • (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each severally, but notjointly, hereby make, consinuic and appoint: * * *V. MARTINEZ, DWIGHT REILLY, H. J. DUECK, CLAUDETTE N. MARTIN, JOINTLY OR SEVERALLY * ** as the true and lawful Attorneys) -in -Fact, to make. execute. deliver and acknowledge. for and on behalf of said corporations as 0uretiea, bonds, undertakings and contract,, of suretyship giving and granting unto said Attorncy(s) -in -Fact full power air(] authority to do and to perform every act necctisary'. requisite or proper to be done in connection therewith as each of said corporations could do, but reseryimg to each of said corporations full power of substitution and revocation, and all of the acts of said Attomcv(s) - in- Fact. pursuant to these presents. are hereby ratified and confirmed. This Power of Attorney ism anted and is stared by facsimile under and by authority of lire following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, tiro President and any Vice President of the corporation be. and that each of them hereby K authorized to execute Powers of Attorney, qualifying the attorncy(8) named in the Powers of Attonney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be. and each of them hereby is, authorized to attest the execution ofany such Power of Anornev: RESOLVED, FURTHER, that the signatures of such officers may be affixed le any such Power ofAttomcy or to any certificate relating thereto by facslnlllC, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract ofsuretyship to which it is attached. IN WITNESS WHEREOF, DFVFLOPF.RS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8 "' day of November. 2000, By: David H. Rhodes, Executive Vice President President Bv:. _ u' V 1 . Waltcr A. Crowell, Secretary SLATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) ,y AND / /y''•,, �PPORq'�,q 2�'., GOpAPANYO\ 9 aA OPPO/+�9T SEAL 1936 O Z 1967 2 On No%amber 8. 2000, before me,, Diane L Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, e,xccuLed the instrument, WITNESS nn' hand and official Seal. I� J' l.h .'Vlq -i ,1 f '�/Nri2 i \rte Signature � CEKII FICATE DIANE J. KAWATA COMM. •1187828 NDTARY PUBLIC- CALIICRNA m ORANGE COUNTY My Cantu EW Jan, 8, 2002 J The undersigned, as Chic[ Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the fomgoine Power of Attorney remains in full form and has not been revoked. and turthemuore. that the provisions of the resolutions of the respectoc Boards of Directors of said corporations set loan in the Power of Attomc}: are in force as of the date of this Certificate. This Cer ificate is executed in the Cits of Irvine, C'ahlomia, the 21STayill SEPTEMBER 2001 Dacid G. Lane, ChicfOperating Officer - - -- ID -1380 (I U00) PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. Electrical PinpLinp Piprtrir 516 Avenida Teresa, San Clemente 2. Framing Daniel's Construction 5632 Vonnie Lane Cypress, Ca. 3. 4. 5. 6. 7. 8. 9. 10. Klassic, Inc VV \W -- " 1 Bidder Authorized S u70/ 0 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Aoencv Person Telephone To Contact Number 2001 Beach Services Center -City of H.B. Eric Charlonne (714) 536 -5431 2001 Wellness Center- C.S.U.L.A. -Sarab Singh (323) 343 -5783 2000 Ceaser Chavez Park -City of Long Beach -Gelis Monroe (562) 570 -5172 2000 Picnic Shelters -City of Orange(Sub for Allied E &C) -Jess Garcia or Bob Cruz (714) 744 -7272 Various nthpr 211h1 i r worksf school -s, Et=e -, , , Klassic, Inc. `AnAA •I�V�/c�1aytw� Bidder Authorized Signature/Title 0 0 PAGE_ 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address Electrical PineLinP Rlerrric 516 Avenida Ti-rasa, San Clemente 2. Framing Daniel's Construction 5632 Vonnie Lane 3. 4. 5. 6. 7. 8. 9. 10. Klassic, Tnr V1➢ W✓\- . Bidder Authorized v7o/ 0 01 PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 NON - COLLUSION AFFIDAVIT State of California ) )SS. County Of Orange ) Lora _ Shi rali , being first duly sworn, deposes and says that he or she is V; rp Prg-.sident of Klassic, Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 17 Klassic, Inc. U&ice President Bidder Au6orized Slgnature/Title SubscZdd sworn before me thiq�- 5 day of i'Vy� �u1� , 2001. [SEAL] Notar) c ANGELINA COLLINS My Commission Expires: �• CommL%Fon # i 26.3002 tdot'ory Public — Ca 10 _ j Orcuge County *v r mm. Gcoues May 6.2004 r 0 0 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall ten (10) days (not including Saturday, Sunday Notice of Award to the successful bidder: be executed and delivered to the Engineer within and Federal holidays) after the date of receipt • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PAGE 8 BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 CONTRACT THIS AGREEMENT, entered into this 23rd day of October, 2001, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Klassic, Inc., hereinafter "Contractor,' is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS Project Description 3367 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3367, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 0 0 PAGE 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of five hundred thirty -one thousand, three hundred and 00/100 Dollars ($531,300.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lloyd Dalton (949) 644 -3328 CONTRACTOR Klassic, Inc. 681 S. Tustin Avenue, #204 Orange, CA 92866 714 - 289 -2844 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that a 9 PAGE 10 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. • • PAGE 12 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. • PAGE 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK CITY OF NEWPORT BEACH A Municipal Corporation By: 419:=_ u. A Mayor Garold B. Adams Kla , In aad, By: sic Authorized Signature and Title LICORD CERTIFICAf OF LIABILITY INSU NC4rLEN -i °11/20/01' PRODUCER THIS CERTIFICATE IS SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NIC Insurance Agdncy, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1720 E.. Garry, Ste. #23!; ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - COMPANIES AFFORDING COVERAGE Santa Ana CA 92705 COMPANY A Navigator's Insurance Company Larry Strout Pnn�.NA. 949- 261 -1610 Fax NO.949- 261 -2397 INSURED COMPANY B Klassic EngiEheering, Design Keivan Shiraai COMPANY C 681 S. Tustin Ave. Ste 204 Orange CA 92866 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00 LTR 1YRE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDO/YY) POLICY EXPIRATON DATE IMMIDDf1'YI LIMITS . GENERAL LIABILITY GENERALAGGREGATE $ 2J OOO , O00 A X COMMERCUU ceNERrALLMBNLTYY Q163153 -1 07/24/01 07/24/02 PRODUCTS• COMMOP AGE 911000,`000 I3 CLAIMS MADE OCCUR PERSONAL& ADVIMJURY S 1 000 000 OWNER'S B CONTRACTORS PROT EACH OCCURRENCE 11,000 000 FIRE DAMAGE(A".rw Ba) $50,000 MED EXP(AAy An. Rama ") 35 OQO AUTOMOBILE i_... LIABILITY ANY AUTO COMBINED SINGLE LIMIT S DODILY INJURY (Pw"M13) S 41L OWNED AUTOS SCHEDULE°AUTOS Bo°uvlwuav (Per ACakaa) I HIRED AUTOS NON:OWNED AUTOS . PROPERTY DAMAGE I — — GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S 'AGGREGATE S —_ E %LESS LIABILITY EACH OCCURRENCE $ AGGREGATE S UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY T STATU OER EL EACH ACCIDENT S ' EL DISEASE • POLICY LIMIT S _ THE PROPRIETOP INCL PARTNERWE%ECUiNE EL DISEASE • EA EMPLOYEE S OFFICERS ARE: EXCL 07RER DESCRIPTON OF OPERATIONSLOCATIONSV EHICLESSPECIAL ITEMS The City, its officers, agents, officials, employees, s volunteers are addIl insureds. )re 10 day. notice of cancellation £or non payment of premium Coverage is primary and non Contributory Balboa Pier & Washington Street Restroom Replaaaments. Contract 3367 CERTIFICATE HOLDER CANCELLATION CITYNEAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COM PAM WILL 9°^""'^^ T^ MAIL City Of Newport Beach 30 DAYS WRITTEN NOTICE TO TH E CERTIFICATE HOLDER NAMED To THE LEFT, Public Works Dept Lloyd Dalton, P.E. Project Mgr 3300 Newport Blvd. POE. 1768 Newport Beach, CA 92658 -8915 OF A rule _ AUTHORIZED REPRESENTATIVE Larry Strout ACORD 25-S (1195) " ACORD.CORPORATION 1988 L "d L6SS L99 EZE AONMV 33NvdnSNI OIN H02dA Hd6Z'S LW-O?,-LL POLICY NJDnBER: Q163153 -1 • COMMERCIAL GENERAL LABILITY THIS ENDORSEMENT CHANGES TM9 POLICY, PLEABE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifes Ineurwce pro•ldcd unaey the tollowinge COUMERCIAL GENERAL LIA61U7Y COVERAGE PART. EH. Dete: 11 /20/01 Nems'of Pbreerl M O/OMieation; The 'City, employees, SCHEDULE its officers,agents, officials, & volunteers tit no entry eppeere epeve, Info.•metim required to complete this endersement wM be Mown N the Deo;eradev u 4:1000eble tD thle endormsmsnt.l wHO.IS AN INSUREDrISeetlon III 19 emended to Include as an Insured the parson or otgeNStd" ehown in the Schedule, but only wkh reaped to flability arising out ot, 'Your work' for that, Insured by or for you. Coverage is primary & non contributory CO 20 10 11 06 CepylleM, lnawrwm a Awkes Ofllees, mc., 1084 t 'd L699 L99 EZE AZIN30b 33NvdnSNI OIN W02ld In TOTPL P.03 Hd99'g 10Z -0Z —LL NOV -12 -2001 MON 10:14 AM FAX N0, NOV-06 -2901 13z 16 �Y OF NEL PORTBERCH INTERINSLMANCE EXCHANGE Of the Automobile Club AMENDMENT OF AUTOM091LE INSURANCE DECLARATIONS F. 07 • 949 644 3318 P.05i09 PIEAGE aEADI Thy enderwfnenl OhMAee the daCIA/ADDIIe M Indldlted In the -SU*Cl W ArMn0lRam- IOWA 1161M. meureece If In ellloc WMy For the Nehinlw, oov Use end Iimheof habitlly shown On this Mldafeennent. ITW L YOUA NAME AND ADDRM I - LIARILRY PADCESS DATE AUTO POLICY )IIJIM R G 6014408 111 - PHYSICAL DAMA(r. IV- UNINSURED MOTORIST 10 -22 -01 SHIRALI, LORA L AND KEIVAN PRI EFFECTIVE GATE OF THIS AMiHDMFAfi 17921 WHITNEY DR 10- 23- 0112:01 A.M. SANTA ANA CA 92705-1965 IACY ,•WMW{9 r•PO(P,Y el1NY WIN EKPIMTION DATE OF TMIS POLICY: A. amLYD N DA E 4wAY M;x 4- 5-02 1201 A.M. WMA I.00LLn cD°L°tLMON t TnPw "err°as`a (PAOMC ETANDAIID TW) mIb 2, DEGcRIPTION OF vE"r= t YEN' NO. VEAR MAKE IDENTIFICATION NO. l.P�l6lD FINANCED R6ICool ZIP COOL ANNUALMILAC TrIaaTAnP Dd11M TIe11OAr.P AIR BA[6 LRCTROGFTD LLIC �AONIC pTwR ACTUALfWM W PFRN, taW6 TMWLAND, TNplssNa DDUML Otl.Lz VD. ouLAAa Pxwe eADf eAp wLUM eAeN DDLLARa AACM VAM OR LWITOr VKJR)D a0u�q MOW 7 99 MITSU JA4MR51R7XJ000917 NO YES 92705 10,001 - 15,000 NO YES TES 2 01 FORD 1FTRW07L71KD55744 NO YES seea.I I ACYIUGNT 92705 5.001 - 7,500 NO YES YES 3 90 NITSU JA7FL24W5LP009510 NO NO 92705 1 - 5.000 NO NO NO VEWCLG SPECIAL EOUIPMENTe 500 BOUND FOUIPMEfTw 500 x PAIKED NUMAlA CAMPER/ yANWITY. 9f WAY RADIO TELE PNONG IIAgO oTNE/1 IN OAM(W 1 1 2 50 100 25 2 ACV YES 2 ACV 500 x 50 100 YG 3 50 too YES 2 3 x 5o too NO - WARNING: Under Part III of the poTNry (Physical Damepe). Ape hil CaVareRA I1MItKI M APPly URler OOVINQI Eeae "GoiflaMly purchased for cartaln pulpment. Coveraaa In Indicated by An -X- in W Appropriate epulpnent A 1vrn , MEN[ 7. COVEMGES (COVEAACSR AEI[ NOT IN EPFECT UNLESS INDICATED) POUCY I - LIARILRY 11- MSPICAL 111 - PHYSICAL DAMA(r. IV- UNINSURED MOTORIST Mlrr 1 IACY ,•WMW{9 r•PO(P,Y el1NY WIN Allis A. amLYD N DA E 4wAY M;x D- Commmoe`i WMA I.00LLn cD°L°tLMON t TnPw "err°as`a t w p TMMMa TNOUfrq TrIaaTAnP Dd11M TIe11OAr.P AareALeAN YM ACTUALfWM W PFRN, taW6 TMWLAND, TNplssNa DDUML Otl.Lz VD. ouLAAa Pxwe eADf eAp wLUM eAeN DDLLARa AACM VAM OR LWITOr VKJR)D a0u�q MOW V"w uoTq ePACITIm C0.L. NADM - EACH 6reN Peeq! OCCUL DCLVe. seaD.l PeeOM IMMUTY �� ' UAwLRY DmaCneLe wAIYDA Alve seea.I I ACYIUGNT L 1 1 50 loo 25 2 ACV 500 ACV 500 x 50 loo 1 2 50 100 25 2 ACV 500 ACV 500 x 50 100 YG 3 50 too 25 2 x 5o too I 1 SULIECTT OF AMENDMENT PREMIUM 0110 UTS: LIEN CHANGE Please refer to %* emlosed "PREMIUM DISCOUNTS APPLIED TO YOUR AUTOMOBILE POLICY" document. THIS 18 NOT A BILL ADDITIONAL PREMIUM OR CREDIT AkMDMEW ADD CREDIT NUMRiR 2 i°a", ATTACH TO YOUR FADUCY (SEE RLVSR66) NOV -12 -2001 MON 10 14 AM FAX N0, P. 08 1,OLL-06 -2001 13:17 of Y OF N&PORTBERCH • 949 644 3318 P.06i09 4PINTERINSURANCE EXCHANGE of the Automobllo Club MAILING LOORM; P.O. 60%20001, SANTA ANA, CALIFORNIA 42701,-Ml NOTICE OF CANCELLATION ENDORSEMENT Forming a Pend? Policy No. G 6014408 Issued by the IRM N&MMeC 6YCMANON OF THE AUTOMMIL& CWY to SHIRALI, LORA L AND KEIVAN Eftetive 10 -23-01 12:01 A.M. P60111e Stendard Time CITY OF N.B. PUBLIC WORKS DEPT. 3300 NEWPORT BLVD. P 0 BOX 1768 NEWPORT BEACH CA 92658 -8915 ADI)MONAL INSURED PRI ID -22 -01 MIGNATID AUTOM(NLC 99 RITSU JA4MR51R7XJD0D917 ,... I1Jeegraed the6Y6d10 eeetN fib ... .......... ._ ... ... _ .._.... _., -..___ materiel change to this policy eRaotirlg the designated automobile: or suspension or nomerlewal of this po0oyl or cancellation of This policy at the request of other Then the intartrlMaence Exchame; or • cancellation of this policy at the request of the Inu nlnsuranos Exchange for nonpaymttM of premium; 10 days' written notice fhI'-reof will be given by regular mail to the additional insured named above. In the event of carmilation of this policy by the Inwflmuranro lxonenge for other ow rtenpaymem of premium, 20 days' wrlsen notice thereof will be given by regular mall to If* additional Insured named above. All prOVlWOne of your policy not affected by thlo eMO DSM$Mt remain unchanged. AC6C AhneOanMrl servhes, km ATTONNEY- fWFACT CERTIR7CAYE OF I114aU11ANCE This Is to tartly te the addhional Insured fts"d above that the ImeflnaWance Exchange of"Auwmblla Club"" Issued the sDove listed Member's Automobile Policy to the pollcynolder named above. Subjects to he terms and provisions, We Polley, Ineluding any 0010e151e endorsement, Provides the following coverages and limas of liability for The designated automobilo: — .-- --- ._PCDMTKMRP"--' UABIUTY r110PlI",Cr)wRfr, -. LIARILrTY T"n No TnoVSAW Thov"Ko opAAps DOt"99 DOLLARS EACH rAClr LAW PFAeON occuRICKE OCLWIN19a 50 100 25 Thla Certificate of Insurance Is not an Insurenoe policy and does not emend, extend or War the coveragee atfonfed by end the terms and conditions applicable be the policy to which it pertains. ACSC A180111196MMt rwwttea, lno. AYTfMNEY- IN-fACT nrraa ate NOV -12 -2001 MON 10:14 AM FAX NO, P. 09 NOV~ 2001 13:17 •TY OF NELFORTBERCH • 949 644 3318 P.07i09 INTERINSURANCE EXCHANGE Of th* Automobile Club YAWNO AODA!!a: PA. aOx 26001, SANTA ANA, CALIFORNIA 1121611,311107 NOTICE OF CANCELLATION ENDORSEMENT Forming a pan of Polley No. G 6014408 Issued by The NYTFBINGURANCE EXCHANGE OF 11N[ AWTOMMILE CLUB to SHIRALI. LORA L AND KEIVAN E1fec11ve 10 -23 -01 12:01 A.M. Pacalc Sr+ndard Tine r CITY OF NEWPORT BEACH PUBLIC WORKS DEPT 3300 NEWPORT BL., PO BOX 1768 NEWPORT BEACH CA 92658 -8915 ADDITIONAL INOURED PRI 10-22 -01 DWOMTW AVrOMMILrc 01 FORD 1FTRW07L71KC55744 • material charge to iNs policy alfecift the designated subm molls: or • cucpentlon or ncrvenswal of ails polloy; or • cancellation of this policy at the request of other than the Imerinsurance Exchange; or • cbrlcollaeon of this Polley a[ the request of the hgerileuri noo Secharge for nonpayment of prsmlum; 10 days' written notice, theroof will be given by reoular mall to" additional insured rimed above. In the event of mr"llaeen of this policy by the Itdarim:uraroa Exchange for other dlerl nonpayment of premium, 20 days' wTihan Miles tlwreor will m given by regular mail to the additional Insured nomad above. All provisions of your policy not effected by this erlderwmom remain unchanged. ACdC AtanTgrrtNrnt Seuvtces, lore. ATTORNEY -M/ FACT CBNTIPICATE OF I1116URANCB TMs Is to Oerllfy TD the addl6ond insured named obovv that the Intarinsurance 01011enoe of the Autornotella Ctubhae issued the above listed MembBr -v Automobile Policy 10 ma P011oyholder named above. SO)" to its tarns and Provisions, this Wtcy, Including any applicable endorsement, provides the following eoveragee and limit& of liability for the deelgrlawd sutomoblfs: '70DIVr`1Ia f1RY .., •...._ LIABILITY PNOPENTP WiCiE LIABILITY TMOVIIARD 1110UeAM THOLMAND �- eeLLVI ODUARS bOUARs SAC" Men IAVII PERSDl1 ocMwr soli OCCV%V= 50 too 25 This CenlACtte of Ineufenm IN nor an Ineuranoo policy and does not amend, axwtd or after the coverages effoMded by and the tn... and conditions applicable to the Polley to which It pertains. ACSC Among$Mnt Ssevivefi• Arc. ATTORIBK-0111-PACI' natl r�1�Y NOV -12 -2001 MON 10 14 AM FAX NO, P. 10 WU- 015-2001 13 17 TY OF NEWPORTHERCH • 949 644 3318 P.OBi09 RMINSURANCE WHANIZ of the Automobile Club MAILING ADDREBSt P.O. WX 23MI, SANTA ANA, CALIFORNIA 927"4001 NOTICE OF CANCELLATION ENDORSEMENT Forming a pen of Policy No. G 6014408. Issued by the tNTERANIS RANCE EXCHANGE OF TLLE AUTONOEILE CLUB to SHIRALI, LORA L AND KEIVAN Effective 10 -23 -01 12:01 A.N. Peciflo StaMud Tirno e•s-- CITY OF N.B., DEPT OF PUBLIC WORKS 3300 NEWPORT BL., P 0 BOX 1768 NEWPORT BEACH CA 92658 -8915 ADDITIONAL INSURED ._1Llasgfaad.lbW 1o,zf!aavomaL•. _.. .. -� . .. PRI 10-22 -01 OfteNATED AUTOMOII"A: 90 MITSU JA7FL24W5LP009510 • matorlol CnW)W to title oolloy aNeoting time designated automoblle; or • suspension or nonrvnowal of this policy; or • cancellation of thle policy of Ina request of other than ft IrdednWranob Exohatas; or • cancellation of this policy of the raquoa of the Inlerinaurance Exchange tar noMayrMnl of pmffount 10 days' written notice ftrW will be groan by regular mall to the additional Insured named 400e. In Ire event of cancellation of this policy by the Intefinsurance Exchange fer other Hurl nonpayment of premium, 20 days' wrinen notice thereof will be given by regular mall to the addtional Insured named above. All provislons of your policy not effected by thin endorsement remain unchanged, ACSC NAn*PWn"t SePYkeA Inc. ATTORNEY- IN•FACT CERTIFICATE OF INRURANCi TNS le to cerdfy to the additional Insured named Above that the tmeraMUrarrca Exchange of the Automobile Mona& Issued Ire above Ifatad Narrwars Automoblla Polley to the pollsynoldar named above. Sublea to he terms and provislonn, this polloy, Including any applicable endorsement, provided the following coverages and Ilrdts of liability for me deeignabd automobile: .•.. "_.. ... 013011.11, INJURY - -... LIABILITY ` PROPERtY DANXIM LIABILITY TNOU•.ANO TNOUPMP TROLMAND Dft"Rd POLIAAS DOUAAS EACH PACH "ON MSON OCOA1RLNCe owreeo¢r 50 100 25 This MrliRdale of Insurance Is not an Insurance policy Bred does not amend, extend or slyer the goveragad afforded by and the forme and conditions applicable to the policy to which h patolna, ACSC Alsnspasttant Services, Inc. ATTORN1FV4*FAC! res,a, ga orw c,x 0 0 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE NOVEMBER 8, 2001 POLICYNUMBER: 15,28927 - 01 OERTIFICATE EXPIRES: 2 -1 702 - CITY OF NEWPORT BEACH ADMINISTRATIVE COORDINATOR /PUBLIC'MORK DEPT 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 -8915 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. 30 This policy is not subject to cancellation by the Fund except upon )W days' advance written notice to the employer. 30 We will also give you JRN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded ,by the policies described herein is subject to all the terms, exclusions and conditions of such,policies. AUTHORIZED REPRESENTATIVE ' .. ,. .... PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT 02065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02/01/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT 02570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 11/08/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY_ THIRD PARTY NAME: CITY OF NEWPORT BEACH i EMPLOYER .q-122.. NOV -26 -2001 MON 09:50 AM FAX N0, NW -21 -2001 09:39 OTY OF NE4PORTBEACH CERTIFICATE OF INSLYRANCE CHECKLIST Cn Y OF NEWPORT BEACH P, 04 949 644 3316 P.09i09 7HIS CIIECKLIST IS COMPRISED OF REQUIZWaW SAS OUTLUMD ABY 7HE CITY Of NEWPORT BEACH. DATE RELT'SVW, 11§h/ r � DSPAR7MZNTJC0NTACT RBaPM M DATECOMPI=MP. 11`O L SENTTO: a., COXQANYIPBRSON RHQUMW TO HAV aENEYAL LiABAJIY: A. INSUAAN(i COMPANY: Affkft B, AM BEST RATING (A VQ of ; C, ADMf M COMPANY: ( Must L aompmy iced In (alKaa a? No, D. LAMS: QMstbe 51. 000.000 ar gaal� What V liaat ptavide4? ' i900017A2 E, PRODUCTS AND COte4 Z= OPERATIONS: WAW Include) U it;aeluded? Yeses No_ F, ADDITIONAL IN4 WED WORDING TO INCLUDE: (Tbe City is amocm ad= oftfds, eaoloyea ad vabo mit), Is it hrchrded? Ye>__ Nom G. PAA/ARYAM NOW CONTRIBUTORY WORDING: ()dolt be iael•ded) u it iealuded? Yv� No ✓ H. CAUMONI (C ftm *0 Ion or likW* of the Named imased it not lYoied 9deb by du�aoAlldmoe•) Does mdonmomt iaabtde *so* by aetlltmte" wordhts? Yoe No , L NOTA•TCATION OF CANOMUTWN: Alm ibtn L a ptuvW= Qmty%V*ts mti6mlim of A1111,W by C=t dCd mu1; pee IAWM Perky the City Will aetapt Ste mdaavar Workat. ]L AU70MOBLE LIASUITY: A. INSURANCS eff, yfm4rvAw-, & AM SE6T RATING (A VD ar yenta): C ADMITTED COMPANY ADMfi7ED) Is taoep W sdmlaed? Yts ✓ No____ D. 1.AO'1S: (Hurt bo 51,000.000 wtWtmsta YI A PD and 5300.0001ID() Wbrt a Ihg10 ravtdaa ?QQaQ.. 1. ADDITIONAL DISUSED WORDING TO WCLUDB: aW City is oIIfun ,►taro, elffidaL, cmpbyea PA vohms►t:s). u ft hr'bi"? Yes No ✓ `, / F. PRDURY AND NON CONIF�U%iY WORDDiG: (For WON Nsalaa 0*1 b in =101100 YR__'"� G. NOTMCATION OF CANCELLATION: Alftva there Is a ysoeiaim*at eegairm md0aedoo of ormoelladaa by m0ed M%A; pa Laueea Fasley the COY Will awcpt the mdeava *044. >iz WORKERS cohPEN6AT10N-.._•LI�I��d A. INSURANCE CO3G'ANY• r/ B. AM BEST RATD90 (A VII ar nosed ►:141 C. iJ1MTn am ma y D. WAVIER OF SURWnn. TION: (To imchi&b b it imhtdad? Yet NO E � is TOTAL P.09 R�FWPpF, CITJ OF NEWPORT Br40CH O rn � D r_ c9[r cp w��P� KLASSIC ENGINEERING & CONSTRUCTION 681 S TUSTIN AVE #204 ORANGE, CA 92866 INSTRUCTIONS AND CONDITIONS ACCOUNTNUMBER: BT01102651 EXPIRATION DATE: 10/31/2002 Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately if any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate. This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other party or person and are not pro- rated. Refunds are not provided once the certificate has been issued. Your business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership (i.e. from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or additional locations of the same business are established (Municipal Code sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record. Non - receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to a maximum of 100% of the base tax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644 -3141; e-mail us at: RevenueHelp@city.newport- beach.ca.us, or visit us on the internet at www.city.newport- beach.ca.us and view the Municipal Code on -line. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THIS TAX PAYMENT EXPIRES: 10/31/2002 ACCOUNTNUMBER: BT01102651 SERVICE ADDRESS: OWNER NAME: SHIRALI, KEIVAN KLASSIC ENGINEERING & CONSTRUCTION; _ OWNERSHIP TYPE: 681 S TUSTIN AVE #209 ., ORANGE, CA 92866 CORPORATION BUSINESS CATEGORY: TAX INCLUDES PAYMENT FOR: GENERAL CONTRACTOR 0 EMPLOYEES SELLERS PERMIT: No SELLERS PERMIT DATE OF ISSUE: 1110812001 r • PR1of1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA PIER AND WASHINGTON STREET RESTROOM REPLACEMENTS CONTRACT NO. 3367 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3367 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Sum Demolish, Remove and Reconstruct Balboa Pier Restroom @:Lf I tC1Dia 13015m, F) WT Nvnt1> v / an 'z..Laac Cents Per Lump Sum 2. Lump Sum Demolish, Remove and Reconstruct Washington Street Restroom a Rq't tZ (full D" ' F�pt u and Cents $ Per Lump Sum 6 i PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER AND WASHINGTON STEET RESTROOM REPLACEMENTS CONTRACT NO. 3367 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of orange ) T.ora T. _ Gh+ ra 1 ; , being first duly sworn, deposes and says that he or she is Vice President of Klassic, Tnc_ , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of�California that the foregoing is true and correct. <j? Klassic, Inc. 1 ice President Bidder r�jj uthorized Slgnature/Title SubscribedNd swornA before me this- 5 day of S NkhAhIDY ^ , 2001. + ASCICh. ANGELINA COLLINS l Commisslm M 126.'i002 � Notory PkAAC — CaRFanla j Orange County [ wr, m Emir Mav&2004r [SEAL) My Commission Expires: f 0 0 PR2of2 $ , o . ,a. o Total Price (Figures) o% TOTAL PRICE IN WRITTEN WORDS �a y]l — Hwgpr'v --ntlpfl it lis�htvl�r tl L� i11Al�alz i�l, Dollars ' and Cents 8/25/2001 Date 9(714) 289 -2844 / (714) 289 -0288 Bidder's Telephone and Fax Numbers 759241 class A & B Bidder's License No(s). and Classification (s) Klassic, Inc. idder ent Bidder's Authorized Signature and Title 681 S. Tustin Ave. Ste.204 Orange,92866 Bidder's Address CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT i %��/ FO Rr% ADDENDUM NO. 1 WASHINGTON STREET AND BALBOA PIER RESTROOM REPLACEMENT CONTRACT NO. 3367 Date: zoo LDO1 TO: PLANHOLDERS 1. Special Provisions: Substitute the attached BUILDING TECHNICAL SPECIFICATIONS for those that were included in the previously - issued Special Provisions. j Bidders must sign this Addendum No. 1 and attach it to the Proposal. No Proposal will be considered unless this Addendum No. 1 is signed and attached thereto. I have carefully examined this Addendum No. 1 and have included full payment therefor in my Proposal. Bidder's Name (Please Print) V. ,Date : JV Vywvv� Signature & Title f :\users\pbw\shared\contracts\fy 01- 02\balboa pier & washington st restroom repls c-3367\eddendum no. l.doc • Page 14 of 15 clean washed sand on the trench bottom and shall be backfilled with clean washed sand to a minimum of 12" above the piping. 2.06 Sterilization of Water Lines A. Sterilize each unit of water supply and distribution system with chlorine before acceptance for operation. B. Materials: 1. Liquid chlorine conforming to U.S. Army Specification #4 -1. 2. Hypochlorite conforming to Federal Specification C -B- 441 -A, and amendment 2, Grade D. 3. Minimum dosage of chlorine to be 50 parts per million. C. Procedure to be followed: 1. Allow contact period of not less than eight hours, then flush system with clean water until residual content is not greater than 0.2 parts per million. 2. Flush the entire system including hose bibbs, fixture outlets, dead ends, and other points where dead water tends to collect. 3. Open and close all valves several times during contact period. Provide isolation valves as required. ......................................... ..............................I Bidders shall sign this Addendum No. 3 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 3 is attached. 1 have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name '(Please Print) Authorized Signature & Title f: \users \pbw \shared \contracts \fy 01 -02 \balboa pier & washington st restroom repls c- 3367 \addendum no. 3.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA PIER AND WASHINGTON STREET RESTROOM REPLACEMENTS CONTRACT NO. 3367 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 33.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.4 Sanitation 1 1 1 1 1 1 2 2 2 2 2 2 3 3 3 3 4 4 4 N 0 0 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -10 PUBLIC CONVENIENCE AND SAFETY 4 -10.2 Storage of Equipment and Materials in Public Streets 4 7 -10.3 Street Closures, Detours, Barricades 4 7 -10.4 Public Safety 5 7- 10.4,1 Safety Orders 5 7 -10.5 "No Parking" Signs 5 7 -15 CONTRACTOR LICENSES 5 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 6 9 -3 PAYMENT 6 9 -3.1 General 6 PART 3 - -- CONSTRUCTION METHODS 300 -1 CLEARING AND GRUBBING 6 300 -1.5 Solid Waste Diversion 6 The Contractor shall fully comply with the following BUILDING TECHNICAL SPECIFICATIONS which augment, but are not referenced to, sections of the Standard Specifications for Public Works Construction 0 0 SP 1 OF 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BABLOA PIER AND WASHINGTON STREET RESTROOM REPLACEMENTS CONTRACT NO. 3367 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, including the BUILDING TECHNICAL SPECIFICATIONS attached hereto; (2) the Plans (Drawing Nos. B- 5172 -S and B- 5176 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 -- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of demolishing and removing beach restroom buildings at two sites and constructing new restrooms at each site." SECTION 3-- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 F • SP 2 OF 7 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing ,as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section, `The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. The schedule may be bar chart or CPM style. The construction schedule shall include allowances for Balboa Pier Rehabilitation and Balboa Village Redevelopment work that is scheduled to be performed by other City contractors commencing in October of 2001 or later. Plans for these projects are available for inspection in the Engineer's office. 0 0 SP3OF7 Work may be performed on the two restrooms simultaneously or in stages; however, no work shall begin until all contract documents have been approved by the City, a preconstruction conference has been held with the Engineer, and the schedule of work has been approved by the Engineer. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the contract documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. The term "work" as used herein shall include furnishing acceptable contract documents; mobilization; providing, maintaining and removing enclosed toilets and traffic controls; demolition; construction; demobilization; disposal; cleanup; etc." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section, "The Contractor shall complete all work on both restrooms under this contract within 110 consecutive working days from the date of award of contract. Award of contract is anticipated to occur on October 9, 2001. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1 st (New Years Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th (Independence Day), the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving Day), December 24th (Christmas Eve), December 25th (Christmas Day), and December 31st (New Years Eve). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 3:30 P.M. Monday through Friday. Should the Contractor elect to work up to 6:30 P.M. on weekdays or between 8:00 A.M, and 6 P.M. on Saturdays, he must first obtain approval from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $50.00 per hour when such time periods are approved. 0 • SP4OF7 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Replace this section with, "The project is 'permit- ready' (PC 0834 -2001 and PC 0867 - 2001). The Contractor shall obtain construction permits from the City of Newport Beach's Building Department. Building Department plan check and construction inspection fees will be waived." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section, "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. The Contractor shall cooperate and coordinate his activities with the contractors that are constructing Balboa Pier Rehabilitation and Balboa Village Redevelopment work to minimize disruption to the other contractors and to the community. No extra costs will be provided to the Contractor for this coordination. 7-8 PROJECT SITE MAINTENANCE 7 -8.4 Sanitation. Add to this section, "The Contractor shall furnish and maintain 20 enclosed toilets for public use at the Balboa Pier site and 7 at the Washington Street site, until that time when the new restroom fixtures are accepted for public use by the Engineer. At least one toilet at each site and its path of travel shall be handicap - accessible. The toilets shall be placed in locations which are acceptable to the Engineer." 7 -8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the bay, or the ocean." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following, "Construction materials and equipment shall not be stored in streets, parking lots or sidewalk areas except as approved in advance by the Engineer." 7 -10.3 Street Closures, Detours and Barricades. Add to this section, "The Contractor shall submit to the Engineer - at least five working days prior to the pre- • • SP5OF7 construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor will be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 1996 Edition. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Building Contractor B License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. • • SP6O177 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set: of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read, "The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. U 0 SP70F7 The Contractor shall fully comply with the following BUILDING TECHNICAL SPECIFICATIONS which augment, but are not referenced to, sections of the Standard Specifications for Public Works Construction 0 TABLE OF CONTENTS BUILDING TECHNICAL SPECIFICATIONS Pages GENERAL REQUIREMENTS 01700 PROJECT CLOSE -OUT 2 DIVISION 02 — SITE WORK 02100 SITE DEMOLITION AND PROTECTION 5 02220 STRUCTURAL EXCAVATION AND BACKFILL 3 DIVISION 03 - CONCRETE 03100 CONCRETE FORMWORK 3 03200 REINFORCING STEEL 2 03300 CAST -IN -PLACE CONCRETE 2 DIVISION 04 - MASONRY 04220 CONCRETE UNIT MASONRY 3 DIVISION 05 — METALS 05500 MISCELLANEOUS METAL FABRICATIONS 3 DIVISION 06 - CARPENTRY 06100 ROUGH CARPENTRY 3 06200 FINISH CARPENTRY 3 DIVISION 07— THERMAL AND MOISTURE PROTECTION 07120 MEMBRANE WATERPROOFING 1 07322 CONCRETE TILE ROOFING 2 07600 SHEET METAL 2 07900 CAULKS AND SEALANTS 2 DIVISION 08 — DOORS AND WINDOWS 08212 FRP FLUSH DOORS 5 08710 FINISH HARDWARE 4 DIVISION 09 — FINISHES 09100 PLASTER SLURRY OVER MASONRY 4 09310 CERAMIC TILE 3 09801 SPECIAL COATINGS- PIGMENTED ANTI - GRAFFITI 1 09870 SANDBLASTED FINISHES 1 09900 PAINTING 6 0 DIVISION 10 - SPECIALTIES 0 10160 SOLID PHENOLIC TOILET DOORS 3 10410 SIGNAGE 1 10601 MESH PARTITIONS 2 10800 TOILET AND BATH ACCESSORIES 2 0 SECTION 02100 - SITE DEMOLITION PART1- GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: 1. Removal and disposal of the existing structure, including footings. 2. Protection of trees and landscaping as indicated on plans to remain. 3. Protection of all improvements to remain including all light poles, fire hydrants, and other utilities to remain. 4. Clearing and grubbing of all vegetation from site work areas as indicated on plans. 5. Removal of all sprinkler heads, quick coupler valves, and irrigation valves as indicated on plan. 6. Removal and disposal of all deleterious materials. 7. Removal of existing asphaltic concrete and concrete items as indicated on plans. 8. Cut and cap all site utilities as indicated on plans. 9. Removal and disposal of any additional items not specifically mentioned herein, but, which may be found within the work limits and are necessary to be removed to allow construction. 10. Items to be removed, but not to be salvaged, shall be disposed of by the Contractor at his expense. All disposal items shall be taken to a legal dump site, licensed to accept disposed items. 11. Items to be salvaged or reused shall be done in accordance with the instructions on the plans. The Contractor shall bear all expenses required to remove the salvaged items. 12. Items indicated on the Demolition Plan are to be used as a guide to the areas of work involved, and are not to be construed by the Contractor as a complete list of all demolition work. Other demolition work shall be carried out by the Contractor, at the direction of the City where it is necessary to complete the project and construct all items as designated in the Construction Documents. D. Related work Specified in other sections: 1. Section 02200 Earthwork and grading SECTION 02100- SITE DEMOLITION -1 1.02 RESPONSIBILITY AND COORDINATION A. Contractor shall secure and maintain all required permits and licenses necessary to legally complete the work of this section. B. Contractor shall be responsible for making himself familiar with all underground utilities, structures, etc. in the field, and shall take sole responsibility for costs incurred due to any damage of said utilities. Existing plans will be made available to the Contractor. C. Acceptance of Site: Contractor shall accept the site and the character of the work as they exist on the first day of work under this contract. All existing conditions are not necessarily shown on the drawings or noted herein and can be determined only by actual examination of the sites and adjoining premises by the Contractor. D. Contractor shall not willfully proceed with demolition as shown when it is obvious that unknown conditions and /or objects exist that may not have been known during preparation of the plans. Such conditions shall be brought to the immediate attention of the City, who will determine further procedure. The Contractor shall assume full responsibility for all necessary revisions required due to failure to give such notice. E. Contractor shall notify utility companies for all utilities to be cut off, modified or relocated, and shall maintain and protect all active utilities. F. Contractor shall contact 'Underground Service Alert' (800) 422 -4138 forty-eight (48) hours prior to any digging. G. Contractor shall coordinate all work with City in an effort to avoid any conflicts. A minimum of forty-eight (48) hours notice shall be given. 1.03 PROTECTION AND SAFETY A. Conform to all requirements of CAL OSHA "Construction Safety Orders" of the State of California Division of Industrial Safety, and applicable ordinances of the County of Los Angeles. B. Contractor shall provide signs in necessary places to exclude persons, except those connected with the work, from entering the working area. Contractor is responsible for preventing unauthorized persons from entering work area. C. Contractor shall provide signs and chain link fencing where designated to exclude persons except those connected with the work from entering the working area. Contractor is responsible for preventing unauthorized persons from entering working area. D. Contractor shall be responsible for protecting existing improvements, and plant materials that are to remain. It shall be the sole responsibility of the Contractor to restore any damaged items to their original condition. E. Adjacent property, streets, and sidewalks shall be protected, throughout process of demolition and during construction. SECTION 02100- SITE DEMOLITION - 2 0 0 F. Contractor to remove debris and clean all dirt, water, etc. from adjacent property, streets and sidewalks on a daily basis. G. The project site and adjacent properties shall be protected from dirty water, mud, and /or water accumulated due to Contractor's operations, rainfall runoff, or any water that enters the project site from any other source. 1.04 SALVAGE MATERIALS: All salvage materials are the property of the City. In the event that the City elects not to take possession of these materials, they then become the property of the Contractor and he must immediately remove them from the site. Items may include: Sprinkler Heads, Quick Coupler Valves, and Irrigation Valves. PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION 3.01 GENERAL REMOVAL WORK A. Demolition and removal work shall be carefully performed to avoid damage to existing facilities as indicated on the plans to remain. B. All removal work (except as noted) shall be disposed of off -site, in legal manner, at Contractor's expense. 3.02 SITE CLEARANCE AND DISPOSAL A. Clear the indicated areas of the site of grass, trees (including rootball), shrubs, weed growth, rubbish and debris, existing asphaltic concrete pavement, concrete slabs, etc., that are to be removed for construction of the improvements shown on the Demolition Plan. Roots three inches (3") in diameter and larger, rocks and broken masonry larger than four inches (4 ") in the greatest dimension, shall be removed to a minimum depth of twelve inches (12 ") below finished grade. B. All deleterious materials shall be legally disposed of, off the site by the Contractor, who shall make all necessary arrangements and pay all related costs. Removal of debris shall be in accordance with City and State Regulations and, shall be performed daily. C. Miscellaneous existing and abandoned underground facilities, drainage devices, abandoned gas and water lines, leaching fields, irrigation pipes, wiring, etc., located twelve inches (12 ") or more below finish grade may be abandoned in place or removed as necessary for proper completion of the work. All miscellaneous active lines that are uncovered during the grading operations, shall be protected. D. Sawcut Paving: The Contractor shall carefully saw cut existing concrete or a.c. paving in the location shown on the drawings, and shall carefully remove the designated portion without damage to facilities to remain. SECTION 02100- SITE DEMOLITION - 3 0 3.03 UTILITIES A. Inactive or abandoned utilities shall be disconnected, removed and plugged or capped subject to the local governing ordinances. B. Active utilities shall be protected by and at expense of the Contractor. Keep any required utility in operating condition during entire period of work, including irrigation system for landscape maintenance. C. Should the Contractor encounter any existing underground utilities not shown on the drawings, he shall at once notify the Agency Representative who will determine further procedure. 3.04 DEBRIS BURNING: Burning of debris in not permitted. 3.05 DUST CONTROL: Dust shall be kept to a minimum by means of wetting the site during all construction operations. Wash down all existing sidewalks and roadways on and off the site as directed by the City after the completion of work each day. END OF SECTION SECTION 021W SITE DEMOLITION - 4 SECTION 02220 - STRUCTURAL EXCAVATION AND BACKFILL PART 1- GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: Prepare the site for the building and utilities. Clear site, excavate, grade and fill as required by project conditions D. Related work Specified in other sections: Section 02100 - Site Demolition Section 03100 - Concrete Formwork Section 03300 - Cast -in -Place Concrete 1.02 SOILS ENGINEERING: There is no Soil Report on this project. Compaction testing and compaction supervision is required for any fill work. SOIL ENGINEER shall inspect the footing excavation prior to placing steel. 1.03 NOISE AND DUST ABATEMENT: Exercise all reasonable and necessary means to abate undue noise. Perform necessary sprinkling and wetting of construction site to allay dust. 1.04 CONTROL OF DEBRIS: Within limits of Contract, strip the site of grass roots, weed growth, bushes, trash and debris. Do not bury or dispose of debris on the site. Promptly remove such materials. 1.05 EXISTING UTILITY LINES: Notify Architect if existing utility lines are encountered in the work. Protect lines from damage. 1.06 WORK INCLUDED: Prepare site for building and utilities. Clear site, excavate, grade and fill as required by project conditions and recommendations of Soils Investigation Report. 1.07 RELATED WORK SPECIFIED IN OTHER SECTIONS: Site grading, landscape finish grading and preparation; concrete; and electrical and plumbing utilities installation. 1.08 VERIFICATION: Prior to commencing work at site, verify agreement of existing conditions with indicated conditions. Notify Architect in writing of discrepancies found. Start of work without notification constitutes acceptance of conditions, without cause for extra costs. SECTION 02220 - STRUCTURAL EXCAVATION AND BACKFILL - 1 • • PART 2- PRODUCTS 2.01 FILL AND BACKFILL MATERIALS: Use clean, well - pulverized, non - expansive soils free from large rocks, vegetation, trash and other debris. Existing on -site materials will be acceptable if approved by Soil Engineer. 2.02 FILL AT UTILITIES: Provide filtering materials for back- filling trenches around and over utilities and subsurface drains. Use approved clean, coarse sand and gravel or crushed stone. PART 3 - EXECUTION 3.01 GRADING A. Make sure cuts or fills as may be required to bring ground surface to spot elevations or finish contours required or shown, with a maximum tolerance of .10 feet. Where grades are not indicated, grade uniformly level or slope between points for which elevations are given. In absence of more specific grading information, ground shall slope away from buildings for a minimum distance of 20 feet, at a minimum slope of 2 percent. Trenches and other drainage flow lines shall slope uniformly to avoid standing water. B. Grading: Any existing fill encountered within the building area shall be totally removed. 3.02 EXCAVATION: Excavation consists of removal and disposal of material encountered when establishing required grade elevations. A. Stability of Excavations: Maintain sides and slopes of excavations in a safe condition until completion of backfilling. Provide minimum requirements for trench shoring and bracing to comply with California State Department of Industrial Safety and authorities having jurisdiction. B. All foundation excavations shall be observed by the project soils engineer prior to the placement of forms, reinforcement, or concrete. The excavations should be trimmed neat, level, and square. All loose, sloughed, or moisture softened soil should be removed prior to concrete placement. C. Dewatering: Prevent surface water and subsurface or ground water from flowing into excavations and from flooding project site and surrounding area. 1. Do not allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of subgrades and foundations. Provide and maintain pumps, sumps, suction SECTION 02220 - STRUCTURAL EXCAVATION AND BACKFILL - 2 • • and discharge lines, and other dewatering system components necessary to convey water away from excavations. 2. Convey water removed from excavations and rain water to collecting or run -off areas. Provide and maintain temporary drainage ditches and other diversions outside excavation limits for each structure. Do not use trench excavations as temporary drainage ditches. D. Material Storage: Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade and shape stockpiles for proper drainage. Locate and retain soil materials away from edge of excavations. E. Excess Soil Material: Dispose of excess soil material and waste materials offsite. END OF SECTION SECTION 02220 - STRUCTURAL EXCAVATION AND BACIWU L - 3 SECTION 02750 - IRRIGATION SYSTEM PART 1- GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: Locate and cap existing irrigation lines where required for demolition. Modify as required to maintain all existing irrigation lines in a functional condition during and after construction where indicated on the plans. Re- connect the system as required to function after construction. 1.02 EXISTING CONDITIONS A. The City shall provide an existing irrigation plan. B. The City and the Contractor shall jointly identify the controller, any valves, heads, etc. to be removed and saved for re -use. 1.03 SUBMITTALS: Furnish "as built" drawings of for any modifications to the existing system. r71I ti � 2&*11s11"i 2.01 MATERIALS: All materials shall be in accordance with the Standard Specifications for Public Works Construction, latest edition and be compatible with the existing conditions PART 3 - EXECUTION 3.01 EXECUTION A. Install all work in conformance to City standards, the best practice of the trade and the Standard Specifications for Public Works Construction, latest edition. B. Provide and coordinate temporary 120 volt electrical power with the General Contractor to the temporary controller location where indicated on the plans. C. Re- install the irrigation controller. Final location of the controller shall be approved by the Owner's representative prior to installation. D. The Contractor shall flush and adjust all irrigation heads for optimum performance minimizing overspray onto walks, roadways and /or buildings as much as possible. This shall include selecting the best arc to suit conditions and to throttle the valve to obtain optimum operating pressure for each system. E. It is the responsibility of the Contractor to familiarize himself with all existing conditions and to maintain the system in operable condition. SECTION 02750 - EMUGATION SYSTEM - 1 9 0 Coordinate work with the General Contractor and other sub- contractors for the locations of pipe and wire sleeves. F. All piping under new paved areas shall be installed prior to paving. Encase all wiring under paving in Schedule 40 PVC. H. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or dimensional differences exist that were not considered in the engineering of the system. Such obstructions or differences shall be brought to the attention of the Owner's representative. In the event that this notification is not performed, the Landscape Contractor shall assume full responsibility for any revisions necessary. I. A pressure test shall be performed for the Owner's representative. Maintain 150 PSI on mainlines for 3 hours with all air expelled and all valves in place. All leaks shall be corrected in mechanical manner without use of epoxy fillers or other filler compounds. END OF SECTION SECTION 02750 - IRRIGATION SYSTEM - 2 SECTION 03100 - CONCRETE FORMWORK PART 1- GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Related Work Specified Elsewhere: Reinforcing, sitework, and cast -in- place concrete. D. Description of System: Prepare subgrade, provide and secure formwork, ties, shoring, bracing, anchorage and blockouts. 1.02 QUALITY ASSURANCE A. Comply with requirements of the following codes and standards. All references to the codes and standards specified herein are to the latest approved issue or revision. 1. The Standard Specifications for Public Works Construction. All provisions of the "Standard Specifications for Public Works Construction ", latest edition, form a part of this Section except as modified herein. 2. American Concrete Institute Standard ACI 347, 'Recommended Practice for Concrete Formwork ", latest edition. 3. Uniform Building Code. B. Construct and erect formwork in accordance with ACI 318. Design forms and falsework to adequately support live and dead loads, including equipment, concrete drops, pressures of foundations, etc. C. Follow recommendations of ACI 318 and 347. 1.03 ENGINEER REVIEW: Engineer will review for general architectural applications only. Design of formwork for structural stability and sufficiency is the sole responsibility of the workers and contractors. Notify the Engineer 48 hours prior to pouring concrete, to facilitate site review. PART 2 - PRODUCTS 2.01 WOOD FORMS: Provide APA Plywood or B -B, high density overlaid one side for forms, sound, undamaged, and clean. SECTION 03100 - CONCRETE FORMWORK -1 2.03 ROUND FORMS: Sonotube Fibre Forms. 2.04 ACCESSORIES: Provide nails, spikes, lag bolts, through bolts, and anchorages as require, of sufficient strength, length and character to maintain formwork during pouring operations. Use snap -off, removeable, or adjustable type metal ties. Provide colorless mineral oil type form coating. Rigid foam plastic fillets may be use for chamfered corners. 2.05 FORMED CONSTRUCTION JOINTS FOR SLABS ON GRADE: Provide galvanized steel or extruded plastic tongue and groove type, with knock -out holes at 6 inches on center. 2.06 DOVETAIL ANCHOR SLOTS: Provide minimum 25 gage galvanized steel foam filled type, with release tape sealed slots, bent tab anchors, secureable to formwork. PART 3 - EXECUTION 3.01 Formwork shall be completely watertight, free from bulges, and designed to withstand the pressure of fresh concrete. Construct forms to be removeable without prying against concrete. Construct formwork in accordance with recommendations of Section 401 of ACI 347. 3.02 Verify accuracy of lines, levels and centers. 3.03 Align joints and make them watertight. 3.04 Set reinforcing accurately and ensure secure placement prior to placing concrete. 3.05 Maintain tolerances of ACI 347. 3.06 EMBEDDED ITEMS: Refer to Section 03300, 3.01D. "Embedded Items" for embedment requirements of items within slabs on grade. Coordinate with other trades. Attach inserts, conduit, outlet boxes, and other items securely to forms of structure so as to avoid displacement during concrete work. All embedded items shall be galvanized. A. Piping: Piping, other than electric conduit, shall not be embedded in structural concrete unless approved by the Architect. Conduit in structural slabs shall be placed between top and bottom reinforcing. Maximum O.D. of conduit in supported slab and in walls shall be 1/4 of slab or wall thickness. Minimum clear distance between conduits shall be 3 diameters. Location shall not impair the strength of the structure. SECTION 03100 - CONCRETE FORMWORK -2 0 0 B. Sleeves in Walls: Standard weight or heavier galvanized steel pipe sleeves may pass through slabs or walls in protected locations. Sleeves shall be sized to pass largest coupling on the pipe line. C. Rough Hardware and Miscellaneous Metal: Set inserts, sleeves, bolts, anchor, angles, and other items to be embedded in concrete. Set embedded bolts and sleeves to template and according to drawings prepared by trades supplying equipment. Verify location of anchor bolts with respect to motor supports. D. Wood Inserts and Nailers: Shall be approved preservative- treated lumber. Set all required nailing locks, grounds, and other inserts as required. Wood plugs shall not be used. E. Other Trades: Allow other trades to set work which is to be embedded in concrete such as hangers, boxes, conduit, sleeves, etc. Coordinate with Electrical and Mechanical trades to locate required openings for ducts, pipes, etc. and inserts. Required openings shall be reinforced as directed by Structural Engineer. 3.07 Provide ports and openings to facilitate inspection and cleaning. 3.08 FORM REMOVAL: Do not remove formwork, shoring and bracing until such time as concrete has gained sufficient strength to carry its own weight, and construction and design loads which are liable to be imposed upon it. Verify strengths by compressive strength test results. Loosen forms carefully. Do not wedge pry bars, hammers or other tools against concrete surfaces. END OF SECTION SECTION 03100 - CONCRETE FORMWORK - 3 0 0 SECTION 03200 - REINFORCING STEEL PART 1- GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: Provide reinforcing steel bars, welded wire fabric, support chairs, bolsters, bar supports, and spacers. D. Related Work Specified Elsewhere: 1. Section 03100 - Concrete Formwork 2. Section 03300 - Cast -in -Place Concrete 3. Section 04220 - Concrete Unit Masonary 1.02 QUALITY ASSURANCE A. Perform reinforcing work in strict accordance with CRSI 63 and 65 unless specified otherwise or required otherwise by local code jurisdiction. B. All provisions of the "Standard Specifications for Public Works Construction ", latest edition, form a part of this Section except as modified herein. C. In addition to CRSI specifications, follow ACI 315 and 318, AWS welding codes and qualifications, and ASTM A185 and A615. D. Testing Laboratory, test costs and test reports in conformance with StandardSpecifications 1. Identified Stock: One tensile and one bend test for each 10 tons or fraction thereof for each size of stock identified as to heat number, provided mill analysis accompanies report. 2. Unidentified Stock: One tensile and one bend test for each 5 tons or fractional part thereof for each size. 1.03 SUBMITTALS: Submit shop drawings only for reinforcing steel work which deviates from structural drawings and specifications. When submitted, provide five (5) copies for review and approval. PART 2 - PRODUCTS 2.01 MATERIALS A. Reinforcing Bars: 1. 40 ksi yield grade: deformed billet steel bars, ASTM A615, plain finish, No. 4 and smaller, clean. 2. 60 ksi yield grade: deformed billet steel bars, ASTM A615, plain finish, No. 5 and larger, clean. SECTION 03200 - REINFORCING STEEL - 1 L B. Welded Wire Fabric: Provide plain type, ASTM A185, in coiled rolls, plain finished, void of rust, dust, scale, paint, grease, and other coatings. C. Accessories: Provide minimum 16 gage annealed tie wires, and chairs, bolster, bar supports, and spacers sized and shaped for strength and support of reinforcing. PART 3 - EXECUTION 3.01 Fabricate reinforcing in accordance with ACI 315. Locate reinforcing splices not shown on drawings, at points of least stress. Where shown, or required, weld reinforcing bars in accordance with AWS D12.1. 3.02 Place reinforcing supported and secured against displacement. Do not deviate from true alignment. 3.03 Ensure that reinforcing used is clean, free of scale, dirt, dust, rust and other matter. 3.04 Provide a minimum splice for bars noted as "cont. ", typical wall reinforcing, and vertical column reinforcing. Provide a standard lap of 48 bar diameters in masonry and 40 bar diameters in concrete. 3.05 Only splice reinforcing where shown or noted. Splices at other locations must be approved by the Architect. Provide continuous reinforcement between splice locations in vertical walls. No splices of vertical wall reinforcing may occur except at foundations, unless specifically approved by the Architect. 3.06 Stagger splices in adjacent horizontal wall reinforcing bars a minimum of 4 feet. 3.07 Provide dowels in footings and /or grade beams the same size and number as vertical wall or column reinforcing. Provide a minimum dowel protection equal to standard lap splices unless noted otherwise. 3.08 Provide the minimum coverage of reinforcing by concrete: Below grade (unformed) 3 inches Clear Below grade (formed) 2 inches Clear Walls 1 inch Clear Columns 1 -1/2 inches Clear Beams and Girders 1 -1/2 inches Clear 3.09 Do not re -bend No. 5 or larger reinforcing bars without the approval of the Architect and the Structural Engineer. END OF SECTION SECTION 03200 - REINFORCING STEEL - 2 SECTION 03300 - CAST -IN -PLACE CONCRETE PART I— GENERAL 2.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of System: Cast -in -place concrete, finishes, and vapor barrier. Related Work Includes: 1. Section 02220 — Structural Excavation and Backfill 2. Section 03100 — Concrete Formwork, 3. Section 03200 — Reinforcing Steel 1.02 QUALITY ASSURANCE A. Perform concrete work in accordance with ACI 301 and 318, unless specified otherwise. B. All provisions of the Standard Specifications for Public Works Construction, latest edition. C. Codes and Standards: Refer to the following information for compliance of materials, products, and installation techniques: AST M C33, C94, C150, C260, C494, and ACI 301, 304 and 305, latest edition. 1.03 SUBMITTALS A. Certification: Suppliers shall furnish certification attesting that materials meet specification requirements. B. Furnish documentation that all final walking finishes meet the minimum static coefficient of friction of 0.6 - ASTM C1028. PART 2 — PRODUCTS 2.01 MATERIALS: Refer to the drawings and the Standard Specifications for Public Works. 2.02 UNDERLAYMENT: Provide two ply cross laminated high density polyethylene Rufco #400, as manufactured by Raven Industries (800) 227 -2836 or equal. 2.03 CONCRETE SLIP DOWELS: Dowels shall be #4 rebar x 12" long and free of dirt, grease and oils. 50% of each dowel shall be encased in a plastic sleeve called "Speed Dowel" to allow parallel lateral movement of the dowel. Speed Dowel is distributed through Aztec Concrete Accessories at (909)829 -2765. SECTION 03300 - CAST -IN-PLACE CONCRETE - 1 0 I] 2.04 EXPANSION JOINT MATERIALS: Premolded expansion joint filler shall conform to ASTM D1751 -6B size per plans by Sonofoam or approved equal. Joint sealant compound shall be two part polyurethane sealant as manufactured by Sonnebom or approved equal. Sealant color to match the adjacent concrete color. PART 3 — EXECUTION 3.01 Install per Standard Specifications for Public Works. Place membrane over 2" clean sand bed at the building area- overlap 6" and seal with caulking or pressure sensitive tape as recommended by manufacturer. Protect during construction. END OF SECTION SECTION 03300 - CAST -IN-PLACE CONCRETE - 2 0 0 SECTION 04220 - CONCRETE UNIT MASONRY PART 1- GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of System: Furnish and install all concrete block, including all shapes necessary to complete the project, install hollow metal door frames. D. Related Work Specified in other Sections: 1. Section 03200 - Reinforcing Steel. 2. Section 10410 - Signage. 1.02 TESTING LABORATORY SERVICES: Laboratory selection, payment and reports in conformance with General Conditions and Section "Quality Control Services ". Perform following tests: A. Concrete Masonry Units: Sampled and tested in accordance with ASTM specifications C140 and in addition shall have a maximum linear shrinkage of .06 percent from the saturated to the oven dry condition. B. Cement: Sample and test cement or provide mill test reports. C. Mortar: Take minimum of one set of cylinders on each of first three days of masonry work and thereafter at least one set on each 5,000 square feet of wall area placed. D. Grout: Make same number of tests as specified for mortar. 1.03 QUALITY ASSURANCE: A. All masonry work shall be continuously inspected. B. Requirements of Regulatory Agencies: All work and materials shall be in full accordance with latest rules and regulations of safety orders of Division of Industrial Safety and all other applicable laws and regulations of the City of Newport Beach, California. C. Applicable Standards: All references to the Standards as described below shall mean the current or latest editions: "Standard Specifications" - Standard Specifications for Public Works Construction "UBC" - Uniform Building Code SECTION 04220 - CONCRETE UNIT MASONRY -1 • • "ASTM" — American Society for Testing and Materials "DIS" — Division of Industrial Safety Refer to Section 01400. PART 2 - PRODUCTS 2.01 MATERIALS A. Concrete masonry units shall conform to the Standard Specifications for Public Works. Provide 8x8x16 concrete masonry units or as required. Concrete masonry units shall be in compliance with ASTM C90, Grade N, Type I, modular. B. Type S Mortar: 1 part Portland cement, 4 parts sand, 1/4 minimum to 1/2 maximum part hydrated Type S lime. Provide minimum ultimate compressive strength of 1,500 psi. C. Grout: 1 part Portland cement, 3 parts sand, 2 parts pea gravel, and appropriate amount of clean water to make grout fluid, f'c equals 2,000 psi. PART 3 - EXECUTION 3.01 GENERAL: Lay masonry in straight courses in random ashlar pattern. Faces of masonry units shall be all in one plane. Make horizontal and vertical mortar joints 3/8" thick. Carry courses up at same level at wall intersections and corners, or slope back. No toothed joints permitted. Cut units with masonry saw. Clean concrete surfaces receiving first course of masonry by removing entire surface of concrete, exposing clean aggregate. Tops of walls not covered shall be filled with grout and trowelled smooth. Lay masonry surface dry. 3.02 STORAGE AND HANDLING: Keep dry, protect faces. 3.03 GROUTING: Grout all cells. Vertical cells shall have vertical alignment, to maintain continuous unobstructed vertical cell area of 3" x 3 ". Grout shall be sufficiently fluid to ensure complete filling of all sections of units, but not so thin as to allow segregation of aggregate. In no case shall grout contain more than 7 1/2 gallons of water per sack of cement. Grouting of cells shall conform to UBC 2404 (f) and 24 -G. Provide cleanouts for all pours in excess of 5 feet. When grouting is stopped for a period of one hour or longer, horizontal construction joints shall be formed by stopping the grout one inch below top of upper -most unit. 3.04 REINFORCING: Bars shall be straight unless hooks or bends are shown. Lap as shown. Hold firmly in place by means of frames or other suitable devices. Place steel to ensure minimum grout cover of 1/2 ". Take care to prevent movement or jarring of reinforcing while placing masonry. SECTION 04220 - CONCRETE UNIT MASONRY - 2 0 3.05 INSERTS: Place inserts in masonry as necessary for work of other trades. Grout solidly in place with not less than 1" of grout surrounding inserts. 3.06 CURING: Do not saturate with water for curing or any other purpose. 3.07 CLEANING: Exercise extreme care to prevent mortar from coming in contact with exposed concrete masonry surfaces. Remove excess mortar immediately from surfaces to prevent stain. Completed masonry work shall be free of stains or marks from mortar or grout or other foreign materials. 3.08 CLEANING AT COMPLETION: Tuck point holes 1/8" or more. Grind off lumps, clean debris and surplus. Leave the masonry clean and free of mortar drops, sandblast if necessary. END OF SECTION SECTION 04220 - CONCRETE UNIT MASONRY - 3 • 9 SECTION 05500 - MISCELLANEOUS METAL FABRICATIONS PART I— GENERAL 1.01 DESCRIPTION A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of System: Provide miscellaneous metal fabrications such as angles, plates, furnish and install gates, grills, and lattice work. D. Related Work Specified Elsewhere: Structural steel, finish painting, and substrates to which fabrications are to be attached or embedded. 1.02 QUALITY ASSURANCE: Codes and Standards - Provide materials complying with the following standards and industry recommendations: ASTM A36, A47, A48, A53, A108, A283, A296, A306, A312, A314, A366, A475, A512, A525, A526, A554, A569, B108, B209, B221, SSPC, NAAMM, and AA. 1.03 SUBMITTALS: Submit fabrication shop drawings on all items to be provided. Where other than mill finishes are specified, provide samples of required finish which will be reviewed for color, texture, style, and finish. 1711 %1 001iLZe]It1ZMK] 2.01 MISCELLANEOUS METAL ITEMS: Manufacture or fabricate items of sizes, shapes and dimension required. Furnish steel washers. Hot dip galvanize all exterior metal work after fabrication unless otherwise indicated. All projections, barbs, and icicles shall be removed after galvanizing. A. Fabricate miscellaneous units to sizes, shapes and profiles shown or, if not shown, of required dimensions to receive adjacent other work to be retained by framing. Except as otherwise shown, fabricate from structural steel shapes and plates and steel bars, of welded construction using mitered joints for field connection. Cut, drill and tap units to receive hardware and similar items. B. Equip units with integrally welded anchor straps for casting into poured concrete wherever required. Furnish inserts if units must be installed after concrete is placed. Except as otherwise shown, space anchors 24 "o.c. and provide minimum anchor units of 1 -1/4" x 1/4" X 8" steel straps. SECTION 05500 - MISCELLANEOUS METAL FABRICATIONS -1 0 9 PART 3 - EXECUTION 3.01 FABRICATION A. Verify actual field dimensions prior to any fabrication. B. Fabricate items with joints neatly fitted and properly secured. C. Fit and shop assemble in largest practical sections for delivery to site. D. Grind exposed welds smooth and flush with adjacent finished surfaces. E. Exposed mechanical fastenings: flush countersunk screws or bolts unobtrusively located, consistent with design of structure, except where specifically noted otherwise. F. Make exposed joints flush butt type hair -line joints where mechanically fastened. G. Steel Pipe: Fabricate standard weight Schedule 40 pipe to dimensions and details shown, with smooth bends and welded joints ground smooth and flush. All radius shall be made with a mandrel or be preformed, assuring a smooth transition without any deformations. Where details are not shown, use 1 -1/4" I.D. steel pipe. H. Supply components required for proper anchorage of metal fabrications. Fabricate anchorage and related components of same material and finish as metal fabrication, unless otherwise specified or shown. I. Thoroughly clean surfaces of rust, scale, grease and foreign matter prior to prime painting and galvanizing. J. Hot dip galvanize all miscellaneous metal fabrications exposed to view, (interior and exterior) and prime paint all other items. Do not shop prime surfaces in direct contact with concrete or other cementitious materials, or requiring field welding. Shop prime in two coats. Provide aluminum G60 galvanized coating where galvanizing is required. 1. ASTM A123 for galvanizing rolled, pressed and forged steel shapes, plates, bars and strip 1/8" thick and heavier. 2. ASTM A386 for galvanizing assembled steel products. Do galvanizing after fabrication with work assembled in as large sections as can be handled. 3. ASTM A153 for galvanizing iron and steel hardware. 4. Hot dip galvanize all exterior ferrous metal work after fabrication. K. SHOP PAINTING: Shop paint miscellaneous metal work, except members or portions of members to be embedded in concrete or masonry, surfaces and edges to be field welded, and galvanized surfaces, unless otherwise specified. 1. Remove scale, rust and other deleterious materials before applying shop coat. Clean off heavy rust and loose mill scale in accordance with SSPC SP -3 'Power Tool Cleaning ". SECTION 05500 - MISCELLANEOUS METAL FABRICATIONS - 2 0 0 2. Remove oil, grease and similar contaminants in accordance with SSPC SP -1 "Solvent Cleaning ". 3. Immediately after surface preparation, brush or spray on primer in accordance with manufacturer's instructions, and at a rate to provide uniform dry film thickness of 2.0 mils for each coat. Use painting methods which will result in full coverage of joints, corners, edges and exposed surfaces. 4. Apply one shop coat to fabricated metal items, except apply 2 coats of paint to surfaces inaccessible after assembly or erection. Change color of second coat to distinguish it from the first. 3.02 Obtain approval of Architect prior to site cutting or making adjustments which are not part of intended work or are not shown on shop drawings. 3.03 Install items square and level, accurately fitted and free from distortion and defects. 3.04 Make provisions for erection stresses by temporary bracing. Keep work in alignment. 3.05 Replace items damaged during installation. 3.06 Perform field welding in accordance with AWS DI.1. 3.07 After installation, touch -up field welds and scratched and damaged paint, or coated surfaces. Use primer consistent with shop finish. 3.08 Supply and assist with setting all items requiring to be cast into concrete, or embedded in masonry, complete with necessary setting templates. END OF SECTION SECTION 05500 - MISCELLANEOUS METAL FABRICATIONS - 3 SECTION 06100 - ROUGH CARPENTRY PART I — GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of System: Framing systems, plywood, miscellaneous blocking and rough hardware, and miscellaneous metal connections. 1.02 QUALITY ASSURANCE A. Provide lumber with visible grade stamp of an approved agency certified by NFPA. Ensure glue laminated members are certified by AITC. B. Reference Standards: 1. PS 20 - American Softwood Lumber Standard. 2. NFPA - National Forest Products Association, National Design Specifications for Stress Grade Lumber and Its Fastening. 3. West Coast Lumber Inspection Bureau (WCLIB), Number 16 - Standard Grading and Dressing Rules for West Coast Lumber. C. Requirements of Regulatory Agencies: Comply with UBC, Chapter 25. D. Decay and Termite Protection: Foundation plates and sills on concrete or adjacent to masonry. Treated wood shall comply with American Wood Preserver's Association Specification P5 -65 and C1 -65. Treat with chromated zinc chloride or "Wolman Salts ". Apply 0.35 lb. of preservative per cubic foot of wood. Coat lumber surfaces cut after treatment by dipping or brushing with preservative identical to original type used. 1.03 PRODUCT DELIVERY, STORAGE AND HANDLING A. Deliver and store materials at job site in a safe area, out of traffic and shored up off ground surface. B. Identify framing lumber by grades and store grades separately from each other. C. Protect products with adequate waterproofing. D. Exercise care in off - loading lumber to prevent damages, splitting and breaking. SECTION 06100 - ROUGH CARPENTRY -1 1.04 SEASONING A. Deliver materials at earliest date possible to allow maximum drying time on site. B. Pile and strip lumber at site to allow free circulation of air with pile protected from sun and moisture. C. Air - season all lumber for as long as possible (60 days preferable) near jobsite before covering with finish materials. PART 2- PRODUCTS 2.01 LUMBER A. Refer to plans for wood grades and species - otherwise - Blocking, Backing, and Furring: standard grade, Douglas fir. All beams, rafters & trellis members shall be "FOHC" free of heart center. B. Pressure Treatment of Wood, Arsenic -free Treatment for Above Ground Use: 1. Treatment: ACQ® Preserve® in accordance with AWPA Cl and P5. Chemical Specialties, Inc., One Woodlawn Green, Suite 250, 200 E. Woodlawn Road, Charlotte, NC 28217. ASD. Tel: (800) 421 -8661. 2. Use 0.25 lb /cu ft (4.0 kg /cu m) of ACQ© Preserve@ retention in accordance with AWPA C2, C9, C14, C15, C16, C17 or ICBO ER4981 as appropriate. 3. Kiln drying after treatment to 19 percent maximum moisture content for lumber and 18 percent for plywood is recommended. 4. Treat wood in the following locations: a. In contact with roofing, flashing, or waterproofing. b. In contact with masonry or concrete. C. Trellis Members exposed to weather. 2.02 ACCESSORY MATERIALS A. Nails, Spikes, and Staples: Common, except as otherwise indicated, hot dipped galvanized. B. Steel hardware and stock framing connectors: ASTM A36 steel, G90 galvanized after forming. Tobin Steel, Simpson, KC Metals, or other approved manufacturer. C. Lag Bolts: FS FF -B -561. Machine Bolts: ASTM A307, galvanized. D. Wood Preservation: Wolmanizing treatment at least two weeks prior to delivery to site. SECTION 06100 - ROUGH CARPENTRY - 2 0 0 PART 3 — EXECUTION 3.01 SELECTION OF LUMBER A. Carefully select all members. B. Cut out and discard defects which will render a piece unable to serve its intended function. Lumber may be rejected by Architect, whether or not it has been installed, for excessive warp, twist, bow, crook, mildew, fungus, or mold, as well as for improper cutting and fitting. 3.02 PLYWOOD PLACEMENT A. Place all plywood with face grain perpendicular to supports and continuously over at least two supports, except where otherwise detailed. B. Center joints accurately over support unless otherwise shown on drawings. C. Protect plywood from moisture and construction damage until succeeding component or materials are installed to cover plywood. Failure to do so will require the Contractor to install an additional layer of 1/2" underlayment at his own cost. 3.03 FASTENING A. Use only common wire nails or spikes of dimensions required. B. For conditions not covered on drawings, provide penetration into piece receiving point not less than 1/2 length of nail or spike, provided that 16d nails may be used to connect two pieces of two inch thickness. C. For bolts, drill holes 1/32 inch larger in diameter than bolts being used. Drill straight and true from one side only. D. Bolt threads shall not bear on wood. Use washers under head and nut where both bear on wood. Use washers under all nuts. E. For lag screws, and wood screws, pre -bore holes same diameter as root of threads; enlarge holes for shank diameter for length of shank. F. Screw, do not drive, all lag screws and wood screws. END OF SECTION SECTION 06100 - ROUGH CARPENTRY -3 SECTION 06200 - FINISH CARPENTRY M.11 dami" `.i;h7: 11 1 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: Installation of finish hardware, miscellaneous specialties, and wood trim as required. D. Related Work Specified Elsewhere: 1. Section 08710 — Finish Hardware 2. Section 06100 — Rough Carpentry 3. Section 10800 — Toilet and Bath Accessories PART 2— PRODUCTS 2.01 FINISH LUMBER: PS 20; graded in accordance with NFPA Grading Rules; as scheduled with a maximum moisture content of 10 percent for interior work, 18 percent for exterior work. PART 3 — EXECUTION 3.01 SELECTION OF LUMBER: Refer to plans for wood grades, type and species. Carefully select all members. Select members so that defects will not interfere with proper nailing or making proper connections, and not impair achievement of proper finished appearances where to be exposed. 3.02 GENERAL FABRICATION A. Manufacture, mill, fabricate, assemble and finish all millwork by skilled mechanics, using approved standard methods of manufacture and workmanship. B. Ensure that moldings and trims are true to detail, clean and sharply defined. Kerf or back out flat members to prevent warping. C. Conceal means of fastening where other than glue joinery is employed. Use fine casing nails, carefully set without hammer marks. D. Countersink without impact, counterbore and carefully plug with wood of same kind and color as surrounding surfaces in exposed locations. SECTION 06200 - FINISH CARPENTRY -1 0 0 E. Scribe all interior wood finish and other millwork neatly and accurately in place, maintaining flush width end members where possible. Apply all trim in full lengths without piecing. Bevel joints at 45 degrees to face of mold. Miter all exterior angles and cope interior angles. 3.03 INSTALLATION OF MISCELLANEOUS SPECIALTIES AND FINISH HARDWARE A. Installer must examine conditions under which all items to be installed. Notify contractor in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed until unsatisfactory conditions have been corrected. B. Install in strict accordance with manufacturer's printed instructions. Install true, plumb, and level, securely and rigidly anchored to substrate with tamper -proof concealed stainless steel fasteners. C. Protect adjacent or adjoining finished surfaces and work from damage during installation of work in this section. END OF SECTION SECTION 06200 - FINISH CARPENTRY - 2 SECTION 07120 - MEMBRANE WATERPROOFING PART 1 - GENERAL 1.01 DESCRIPTION A. Special Conditions: The general provisions of the contract, including general conditions and general requirements, are an integral part of this specification and of the contract. Their contents should be carefully noted. 1.02 WORK INCLUDED: Provide waterproofing membrane systems for below - grade vertical and horizontal applications, at raised planter areas. 1.03 GUARANTEE: Provide five year unconditional guarantee against defects of materials and workmanship which allows water or moisture into areas of the structure which were to be protected by this membrane. Pay for costs of repairing or replacing the defective membrane, as well as all costs of exposing and recovering membrane, and consequential damages to persons and property resultant of defective materials or workmanship. PART 2 - PRODUCTS 2.01 VERTICAL BELOW - GRADE: Provide W.R. Grace Bituthene, System 4,000, or other approved. Include 1/2" minimum thick polystyrene protection board or hydroduct drainage composite where detailed. PART 3 - EXECUTION 3.01 Install all systems using waterproofing installers. Roofing trades will not be acceptable for this work. 3.02 Install systems in strict accordance with manufacturer's specifications. Obtain manufacturer's approval of sub - strate conditions prior to installing materials. 3.03 Provide surface conditioner, reinforcing strips, and backer rods necessary for joints and cracks. Provide tight seal at top of membrane with Bituthene mastic and bottom with Bituthene liquid membrane. 3.04 Once systems (except cleavage membrane system) are installed, water test applications. Perform in such a way that watertight integrity is fully demonstrated. Allow Architect and Owner to witness this test. Correct defects, then re -test. Continue this procedure until no leaks exist. END OF SECTION SECTION 07120 - MEMBRANE WATERPROOFING -1 0 0 SECTION 07322 - CONCRETE TILE ROOFING PARTI- GENERAL 1.01 DESCRIPTION A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. Description of System: Furnish and install all roofing, roof flashing; for a class A roof necessary to complete the project. 1.02 QUALITY ASSURANCE A. Materials specified herein are minimum; manufacturer's specifications for lesser quantities, qualities or change in roofing assemblies will not be accepted. 1.03 PROTECTION A. Protect roofing materials from damage by elements, moisture, or foreign matter during storage and installation. Remove unsuitable stored or installed materials from job. 1.04 SUBMITTAL A. Provide 5 copies of manufacturers current descriptive literature and 3 samples of brown roof tile as selected. 1.05 GUARANTEE A. GUARANTEE: Jointly guarantee with suppliers of materials and products installed that installation will remain free from any water or moisture intrusion for a minimum of five years. Any breach of watertight integrity of this installation will be warranted to be repaired to the satisfaction of the City. PART 2 - PRODUCTS 2.01 UNDERLAYMENT FELT A. Double layer No. 30 asphalt saturated base felt; ASTM D2626, Type I; UBC Std. 32 -1. 2.02 WOOD NAILERS A. Pressure treated Douglas Fir. 2.03 PLASTIC CEMENT A. Asphalt, FS- SS -C153, Type I. SECTION 07322 - CONCRETE TILE ROOFING -'I 0 0 2.04 FASTENERS A. Hot -dip galvanized domestic nails, (electroplated nails not acceptable). Length to suit requirements. 2.05 ROOFING TILE A. Cement tile; Monier Lifetile "villa" design. Ignore the notes and details on the drawings that the drawings indicate Spanish clay tile. The "villa " design shall be used. Rake and hip tile shall match field tile color and texture. 300 lb. minimum breaking test. Color to be Red Rose 1VACS 7936. 2.06 CEMENT MORTAR A. Color to match tile, comply with material requirements of Section 03100. 2.07 FLASHING A. Vent flashing Preformed lead and sheet 4 pound as distributed by Yeager Lead Fabricators (714) 923 -1154, or equal. B. Valley and eave edge flashing to be 20 oz copper PART 3 - EXECUTION 3.01 Install in accordance with manufacturer's instructions for Class A rating. Lay felt in asphalt and mechanically fasten into place. Seal edges, ends, tears, punctures and nail holes. Double up at eave. 3.02 For shingles, provide manufacturer's recommended exposure and headlap and installation specifications. Ten inches unless noted otherwise. 3.03 Coordinate application with sheet metal work and others providing materials or labor for roof -top installations. 3.04 Saw cut any required angles to a clean edge. END OF SECTION SECTION 07322 - CONCRETE TILE ROOFING - 2 • i SECTION 07600 - SHEET METAL PART I— GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of System: Provide all non roof - related flashings, counterflashings, access doors. D. Related Work Specified Elsewhere: Section 07321 — Clay Roof Tiles and related flashing. 1.02 QUALITY ASSURANCE A. Perform all sheet metal work, including fabrications, in strict accordance with Sheet Metal and Air Conditioning Contractors National Association (SMACNA) Architectural Manual. 1.03 SUBMITTALS A. Submit copies of standard details covering all sheet metal conditions and fabrications to be necessary on the project. Where standard derails do not exist, prepare and deliver such details to the Architect. 1.04 GUARANTEE A. Protect products and accessories against damage. B. Flashing system, including caulking. Ensure the watertightness of the completed installation under a five year guarantee. PART 2 - PRODUCTS 2.01 MATERIALS A. Sheet Metal: Fabricate all sheet metal items from minimum 16 oz. Copper, unless noted otherwise. B. Prefabricated Items: Where prefabricated sheet metal items are available and are exactly as required for the installation, they may be used. These items are to be manufactured by Construction Specialties, KC Metals, Fry or other approved. C. Access Doors and Vents: Provide stainless steel units appropriate for the installation conditions, where indicated, manufactured by Inryco, or other approved. SECTION 07600 - SHEET METAL -1 0 0 D. Fasteners and Clips: Provide as required and appropriate for the materials being fastened. Where fasteners and clips may be exposed to outside weather conditions, provide galvanized or stainless steel type. PART 3 - EXECUTION 3.01 INSTALLATION: Install all materials in accordance with good trade practices and in accordance with the SMACNA Architects Manual. Accurately form all sheet metal to the dimensions and shapes required. Finish with true, straight sharp lines and angles. Cope at intersections to a precise fit and securely solder, braze or weld according to the best practices for the material. Solder joints slowly, with full flowing solder and make neat, as thin as consistent for the joints so formed. Reinforce as required. Hem all exposed edges of metal work 1/2 ". 3.02 Sheet Metal Features and related work are not necessarily individually described. The descriptions of sheet metal work following usually includes the most important parts and those requiring detail. Provide other work as indicated or necessary. 3.03 INSTALLATION /APPLICATION /PERFORMANCE: Flash around all exterior openings in the building where other waterproofing methods are insufficient. 3.04 DRIPS: Provide at door heads, top of window walls, and elsewhere as shown or required. Provide miscellaneous flashings as shown and required to complete entire project. 3.05 Conceal fastenings as much as possible. Build in expansion and contraction joints where necessary. Seal laps in Hydroseal, or other approved. 3.06 Immediately following installation of sheet metal work, touch -up areas where primer has been removed during installation operations and where soldering has occurred. END OF SECTION SECTION 07600 - SHEET METAL - 2 SECTION 07900 - CAULKS AND SEALANTS PART I- GENERAL 1.01 DESCRIPTION A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: Furnish and install caulking as indicated and specified, complete. Principal item of work is caulking of openings and joints indicated, specified and required to make entire building weather and watertight. This section contains general specifications for caulking throughout the project. D. Related Work Specified Elsewhere: Section 03300 — Cast -in -Place Concrete - sealants used in conjunction with concrete flatwork. 1.02 QUALITY ASSURANCE A. Provide an installation in strict compliance with Title 24 requirements. B. Install ceramic tile expansion joints in accordance with TCA Handbook - EJ171. 1.03 PRODUCT DELIVERY, STORAGE AND HANDLING: Deliver sealant and caulking compound in unopened factory- labeled containers, labels bearing statement of conformance to standards specified for each material. 1.04 GUARANTEE: Furnish a written guarantee for a period of five years from date of final acceptance covering exterior sealant work for watertightness of the system. PART 2 - PRODUCTS 2.01 MATERIALS A. Provide acrylic or terpolymer acrylic base, chemical curing, self - leveling type, urethane at ceramic tile (with a hardness of 35 or greater) non- sagging, uniform, homogeneous and free from lumps, capable of being continuously immersed in water, withstand movement up to 12.5 percent of joint width, and satisfactorily gunnable at 70 degrees F., non- staining and non- bleeding, in colors matching adjacent surfaces or as selected by the Architect. No extra cost to Owner will be allowed for special colors selected ASTMC 920. B. Acceptable products are Mono manufactured by Tremco, and One Part Acrylic Sealant manufactured by DAP, and Geoseal Products. SECTION 07900 - CAULKS AND SEALANTS -1 0 0 C. Where required, provide acoustical sealants manufactured by USG or other approved; highly resilient, permanently flexible, and shrink and stain resistant. D. Back -up strip shall be a flexible and compressible type of closed -cell foam polyethylene, butyl rubber, or open cell and closed cell polyurethane, rounded at surface to contact sealant. PART 3 - EXECUTION 3.01 Verify colors with Architect, apply and install sealant where shown on drawings, apply and install sealant materials wherever expansion and contraction occurs between materials and products which could lead to infiltration of moisture, water, light, or air blown particles into building; and within building where changes of materials in same or different planes could allow moisture, water, air, or light to penetrate. 3.02 Provide acoustical sealants on, around and between building construction members such as framing, panel boxes, cutouts for penetrations of other materials or equipment; etc., where walls and floors are designed to be sound attenuated or acoustically treated. 3.03 Minimum State Standards include fully caulking or weatherstripping the building envelope at the following openings: Doors and windows (including skylights) between conditioned and unconditioned spaces; exterior joints around windows and door frames; between wall sill plates and floors, and between exterior wall panels; penetrations in walls, ceilings, and floors for plumbing, electricity, and gas lines; openings in attic floors; all other openings in the building envelope. 3.04 Apply compounds strictly in accordance with manufacturer's instructions and supervision. Caulk joints before adjacent surfaces are waterproofed or painted. Apply caulking compounds to a clean, dry surface free from grease, oil, wax or other foreign matter tending to destroy or impair adhesion. Clean and prime in accordance with compound manufacturer's instructions. Carefully protect adjoining surfaces from staining. Immediately remove any material on surfaces not to receive caulking and restore the finish as required. 3.05 Protect all work from damage until dry. END OF SECTION SECTION 07900 - CAULKS AND SEALANTS - 2 SECTION 08212 — FRP FLUSH DOORS PART I— GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: Furnish and install flush doors, prepared for hardware. D. Related Work Specified Elsewhere: Other types of doors, frames, and finish hardware. 1.02 SYSTEM PERFORMANCE A. Provide door assemblies that have been designed and fabricated to comply with requirements for system performance characteristics listed below, as demonstrated by testing manufacturer's corresponding standard systems according to test methods designated. B. Thermal Transmission (exterior doors): "U" value of not more than 0.09 (BTU /Hr. x sf x degrees F.) per AAMA 1503.01. C. Flame Spread /Smoke Developed: Provide FRP doors and panels with the following ratings in according with ASTM E 84 -79a: 1. Flame Spread: Not greater than 170 (Class C). 2. Smoke Developed: Not greater than 390 (Class Q. D. Class A option for flame spread and smoke developed rating on interior faces of exterior panels and both faces of interior panel as shown. Flame spread no greater than 15, smoke developed no greater than 310 per ASTM E -84. E. Additional Criteria: Provide FRP doors and panels with the following performance: 1. ASTM D 256 — nominal value of 20.0 2. ASTM D 570 — nominal value of .20 to .40% 3. ASTM D 2583 — nominal value of 50 R Abrasion Resistance: Face sheet to have no greater than .029 average weight loss percentage after Taber Abrasion Test — 25 cycles at 500 gram weight with H -18 wheel. G. Stain Resistance: Face sheet to be unaffected after 24 hour exposure to SVS -1 white spray enamel. Must retain DE of .57 or less with MacBeth Colorimeter. Dark Brown (Bronze) FRP to be used as a basis. H. Chemical Resistance: Face sheet to be unaffected after 4 hour exposure to acetic acid (10% solution), acetone, sodium hypochlorite (5.25% solution) and hydrochloric acid (10% solution). No discoloration or panel damage will be allowed. SECTION 08212 - FRP FLUSH DOORS -1 0 0 1.03 QUALITY ASSURANCE A. Standards: Comply with the requirements and recommendations in applicable specification and standards by AAMA, except to the extent more stringent requirements are indicated. B. Performance: A minimum ten year record of production of frames, doors and panels and completion of similar projects in type and size. C. Instruction: The manufacturer or his representative will be available for consultation to all parties engaged in the project including instruction to installation personnel. D. Field Measurement: Field verify all information prior to fabrication and furnishing of materials. Furnish and install materials omitted due to lack of verification at no additional cost to owner. E. Regulation and Codes: Comply with the current edition in force at the project location of all local, state and federal codes and regulations, including the Americans with Disabilities Act of 1992. 1.04 SUBMITTALS A. Submit manufacturer's literature on doors. B. Shop Drawings: Submit five (5) copies of shop drawings for review and approval. Submit in accordance with General Conditions. 1.05 GUARANTEE A. Provide a written guarantee signed by manufacturer, installer and contractor, agreeing to replace, at no cost to the owner, any doors, frames or factory hardware installation which fail in materials or workmanship, within the guarantee period. Failure of materials or workmanship includes: excessive deflection, faulty operation of entrances, deterioration of finish or construction in excess of normal weathering and defects in hardware installation. The minimum time period of guarantee is ten (10) years from acceptance. 1.06 PRODUCT DELIVERY, STORAGE AND HANDLING A. Deliver materials to job site in their original, unopened packages with labels intact. Inspect materials for damage and advise manufacturer immediately of any unsatisfactory materials. B. Package door assemblies in individual corrugated cartons so no portion of the door has contact with the outer shell of the container. Package and ship frames preassembled to the greatest possible extent. PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Manufacturer: Subject to compliance with requirements, provide products of the following: 1. SL -17 with SpecLite3 as manufactured by Special -Lite, Inc., Decatur, Michigan. SECTION 08212 - FRP FLUSH DOORS - 2 0 0 2.02 MATERIALS AND ACCESSORIES A. Aluminum Members: Alloy and temper as recommended by manufacturer for strength, corrosion resistance and application of required finish and control of color; ASTM B 221 for extrusions, ASTM B 209 for sheet /plate with aluminum wall thickness of 0.125 ". B. Components: Furnish door and frame components from the same. manufacturer. "Splitting" of door and frame components is not permitted. C. Fasteners: Aluminum, non - magnetic stainless steel or other non- corrosive metal fasteners, guaranteed by the manufacturer to be compatible with the doors, frames, stops, panels, hardware, anchors and other items being fastened. For exposed fasteners (if any) provide Phillips head screws with finish matching the item to be fastened. 2.03 FABRICATION A. Sizes and Profiles: The required sizes for door and frame units, and profile requirements are shown on the drawings. B. Coordination of Fabrication: Field measure before fabrication, and show recorded measurements on final shop drawings. C. Complete the cutting, fitting, forming, drilling and grinding of all metal work prior to assembly. Remove burrs from cut edges, and ease edges and corners to a radius of approximately 1/64 ". D. No welding of doors or frames is acceptable. E. Maintain continuity of line and accurate relation of planes and angles. Secure attachments and support at mechanical joints, with hairline fit at contacting members. 2.04 FIBERGLASS REINFORCED POLYESTER FRP FLUSH DOORS A. Materials and Construction: 1. Construct 13/4" thickness doors of 6063 -T5 aluminum alloy stiles and rails minimum 2 5/16" depth. Construct with mitered corners and provide joinery of 3/8" diameter full width tie rods through extruded splines top and bottom as standard .125" tubular shaped stiles and rails reinforced to accept hardware as specified. Provide hex type aircraft nuts for joinery without welds, glues or other methods for securing internal door extrusions. Furnish integral reglets to accept face sheet to permit a flush appearance. Rail caps or other face sheet capture methods are not acceptable. 2. Extrude top and bottom rail legs for interlocking continuous rigidity weather bar. Lock face sheet material in place with extruded interlocking edges to be flush with aluminum stiles and rails. 3. Door face sheeting: 120" thickness fiberglass reinforced polyester. SL -17 doors with an abuse resistant engineered surface of the standard color: white. SECTION 08212 - FRP FLUSH DOORS - 3 4. Core of Door Assembly: Minimum five pounds per cubic foot density poured -in -place polyurethane free of CFC. Minimum "R" value of 11. Ballistic rating is as indicated. Meeting stiles on pairs of doors and bottom weather bar with nylon brush weatherstripping. 5. Manufacture doors with cutouts for vision lites, louvers or panels as scheduled. Factory furnish and install all glass, louvers and panels prior to shipment. 6. Pre - machine doors in accordance with templates from the specified hardware manufacturers and approved hardware schedule. Factory install hardware. 2.05 ALUMINUM FRAMING SYSTEMS A. Tubular Framing: 1. Framing system from the door manufacturer of the size and type shown. .125" minimum wall thickness and type 6063 -T5 aluminum alloy. .625" high applied door stops with screws and weatherstripping. Frame members are to be box type with four (4) enclosed sides. Open back framing will not be acceptable. 2. Caulk joints before assembling frame members. Secure joints with fasteners and provide a hairline butt joint appearance. Field fabrication of framing using "stick" material is not acceptable. 3. Applied stops for side, transom and borrowed lites and panels, with fasteners exposed on interior or unsecure portion only. Pre - machine and reinforce frame members for hardware in accordance with manufacturer's standards and the approved hardware schedule. Factory install hardware. 4. Install with anchors appropriate for wall conditions to anchor framing to wall materials. A minimum of five anchors up to 7'4" on jamb members, and one additional anchor for each foot over 74 ". Secure head and sill members of transom, side lites and similar conditions. 5. Factory preassemble side lites to the greatest extent possible, and mark frame assemblies according to location. 2.06 ALUMINUM FINISHES: Anodized Surfaces: Hard Coat (abrasion resistance) 1.5 mil coating thickness meeting Mil- 4 -8625E Type 3 Anodite South Gate, Tel: 562 - 861 -2205 Fax: 562 - 862 -6479 Anodizing, Inc. or equal 1- 800 - 547 -0790. SECTION 08212 - FRP FLUSH DOORS - 4 0 • PART 3 — EXECUTION 3.01 INSTALLATION A. Comply with manufacturer's recommendations and specifications for the installation of the doors and frames. Factory install hardware, glass and louvers in doors. Factory assemble side lites and transoms to the greatest extent possible. B. Set. units plumb, level and true to line, without warp or rack of doors or frames. Anchor securely in place. Separate aluminum and other metal surfaces with bituminous coatings or other means as approved by architect. C. Set thresholds in a bed of mastic and backseal. D. Clean surfaces promptly after installation of doors and frames, exercising care to avoid damage to the protective coatings. E. Ensure that the doors and frames will be without damage or deterioration (other than normal weathering) at the time of acceptance. F. Provide owner with all adjustment tools and instruction sheets. Arrange an inservice session to owner at owner's convenience. Provide a minimum one -year written guarantee on all labor related to this section. Any workmanship which is defective or deficient shall be corrected to the owner's satisfaction and at no additional cost to the owner. 3.02 In general install doors and frames in accordance with WIC. 3.03 Install plumb, rigid and in true alignment, and fastened so as to retain their position and clearance. Ensure dimensional tolerance and stability for continuous proper operation of hardware and doors. 3.04 Following installation, provide protection of doors until doors are to be finish painted. 3.05 COORDINATION: Prior to final hanging, co- ordinate with the painting sub- contractor so as top and bottom of doors may be easily sealed. END OF SECTION SECTION 08212 - FR.P FLUSH DOORS - 5 0 SECTION 08710 - FINISH HARDWARE PART I — GENERAL E 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: All finish hardware for the building shall be furnished complete except as otherwise specified. D. Related Work Specified Elsewhere: Doors, Installation of finish hardware, toilet compartment hardware, toilet room accessories, signs of all kinds, rough hardware. 1.02 GENERAL REQUIREMENTS A. All items of hardware required to complete this work shall be furnished. Items of hardware not definitely specified shall be provided of a type and quality suitable to the service required and comparable to other hardware specified. B. All hardware shall comply with applicable fire and building codes. C. Exit doors shall be openable at all times from the inside without the use of a key or any special knowledge or effort. 1.03 CONTRACTOR'S QUALIFICATIONS A. Finish hardware contractor shall be a duly recognized. distributor or dealer of the make of hardware bid upon. B. Contractor shall provide a qualified member of the American Society of Hardware Consultants (AHC) or other qualified employee acceptable to the Owner, and available for consultation and service by the Owner and the General Contractor as required. 1.04 SUBMITTALS A. Hardware Schedule: Submit six copies of the complete hardware schedule and 'catalog cuts' for approval within 30 days after award of contrac . Clearly indicate any deviations from the schedule specified. Approval of hardware schedule shall not be construed as certifying its completeness but only that it has been checked for manufacture and finish. Within 30 days after approval of hardware schedule, arrange a meeting with the Owner to establish keying system. The Owner will prepare a master keying chart. Changes shall not be made in the hardware schedule or keying chart after their approval without written consent. SECTION 08710 - FINISH HARDWARE -1 B. Samples: Submit samples of hardware to the Owner and Architect: for approval as requested. Tag all items and indicate manufacturer's name, finish, catalog number, .and intended location in the building. Samples will be held by the Owner until the completion of finish hardware installation. C. Templates: Furnish all templates to standards in accordance with approved hardware schedule as required to prepare doors and frames to receive finish hardware. Furnish templates in accordance with door and frame manufacturer's production schedules in order not to delay the progress of the job. 1.05 WARRANTY A. Provide written guarantee from hardware supplier as follows: 1. Closers: Ten years 2. Hinges: Life of the Building 3. Other Hardware: Two years PART 2 - PRODUCTS 2.01 DOOR BUTTS: Furnish 1 -1/2 pair each leaf to 7 foot 6 inches high. Add 1/2 pair each leaf over 7 foot 6 inches for each 2 -1/2 feet. All outswinging doors to have butts with non - removeable pins with set screw in barrel. (NRP) 2.02 DOOR MUTES: Furnish three at each single door and two at each pair of doors. 2.03 LOCKSETS: Locksets shall be by SCHLAGE, completely assembled from box to door. All outswinging exterior doors shall have extended escutcheons extending 1/2 inch over the door frame. Escutcheons shall be cast and knobs of heavy forged bronze, reinforced of .080 thickness. Locks shall have box strikes and they shall be of sufficient length and have curved lips to protect trim and jambs. All component parts of locks shall be of one manufacture. 2.04 DESIGN AND FINISH: Design shall be as shown in schedule. Finish shall be as shown in schedule throughout unless specified elsewhere. 2.05 WEATHER STRIPPING: Shall be provided at all doors transitioning from a conditioned space to the exterior. 2.06 FASTENERS: Conceal all fasteners where manufacturer provides that option with the product. Where exposed fasteners are used, provide phillips head type, with flat head for countersinking. SECTION 08710 - FINISH HARDWARE - 2 PART 3 - EXECUTION 3.01 PACKING AND MARKING A. All hardware shall have the required screws, bolts, and fastenings necessary for its installation packed in the same package with the hardware including instruction. Each package shall be legibly marked and adequately labeled indicating the part of the work for which it is intended. Each marking shall correspond to the number shown on the approved hardware schedule. Provide door designations and all other identifying information as required. B. Deliver hardware, as an obligation under this Section, to the General Contractor at the job site or to the plant or business address of the subcontractor responsible for the doors and installation of hardware. C. Deliver hardware when and as required for preparation of doors and frames to receive hardware or for installation in such quantities and at such times as to maintain normal job progress and prevent delay of the work. 3.02 KEYING A. Hardware Supplier is responsible for initiating and conducting meeting(s) with the Owner to determine Key System requirements. For estimate use Master Kay charges. Furnish written approval of the keying system from the Owner. Furnish construction key system in accordance with lock manufacturer's standard. Stamp keys "Do Not Duplicate" 1. Key system shall be Schlage 6 pin. B. Furnish factory -keyed locks and cylinders; factory to maintain permanent records of the key system. C. Permanent keys shall be delivered only to Owner's representative. Contact Charles Coakley, Facilities Supervisor at (714)644 -3067 for keying requirements. 3.03 POST CONSTRUCTION: After installation, provide Owner with call -back service for one year. Regardless of Owner requests under guarantee, return to site after six months and re- adjust hardware for smooth and correct operation. Contact Owner's Representative to schedule re- adjustment work. 3.04 SCHEDULE OF FINISH HARDWARE A. The following is a schedule of hardware to be furnished for this work. The material listed shall conform throughout to the requirements of the foregoing specifications: SECTION 08710 - FINISH HARDWARE - 3 9 MANUFACTURERS: ABBR NAME GLY LCN SCH STA TRI ULT 13 Glynn Johnson Corp LCN Closers Schlage Lock Co Stanley Hardware Trimco Altra Industries FINISHES ANSI US 600 USP 613 US10B 690 US20 • PHONE (800)525 -0336 (815)875 -3311 (415)467 -1100 (203)225 -5111 (213)262 -4191 (213)260 -7330 DESCRIPTION Primed For Paint Dark Oxidized Satin Bronze, Oil Rubbed Dark Bronze Painted IWIM (800)525 -0337 (815)875 -3222 (415)468 -3423 (203)827 -5729 (213)264 -7214 (213)260 -4840 BASE METAL. Steel Bronze Any C. The Door schedule on the Drawings indicates which Hardware Set is used with each door. HARDWARE SET 01: 3 EA Hinge CBK1960 4-1/2 x 4 -1/2 NRP SEC STUD 613 STA 1 EA Storeroom Lockset L908OP -HB LVR 06A INSIDE MTG BRKT XL11 -465 613 SCH 1 EA Lock Protector LP12 613 GLY 1 EA Flush Pull 1111A 613 TRI 1 EA Holder PAH -60 690 LCN 1 EA Door Stop F908OX 613 BBW (Mount so that no portion of Stop is greater than 4" away from wall) 3.05 EQUALS A. The following are approved manufacturers for this work which comprise the base bid: ITEM MANUFACTURER HINGES (M) MCKINNEY LOCKSETS (Y) YALE DOOR HOLDERS (G) GLYNN JOHNSON WEATHERSTRIPPING (P) PEMKO DOOR STOPS (B) BBW MISC FLAT GOODS (B) BBW AUTO FLUSH BOLTS (D) DCI SECTION 08710 - FINISH HARDWARE - 4 The Contractors shall base his bid on items exactly as specified. Requests for substitutions shall be submitted in accordance with the General Conditions of the specification. END OF SECTION SECTION 08710 - FINISH HARDWARE - 5 • • SECTION 09100 - PLASTER SLURRY OVER MASONRY PART I— GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: Furnish materials and perform labor required to execute this work as indicated on the drawings, as specified, and as necessary to complete the contract, including all scaffolding and plaster work and accessories. D. Related Work Specified Elsewhere: 1. Section 04220 — Concrete Unit Masonry 2. Section 09900 — Painting E. Scaffolding: Provide, install and maintain for the duration of the work, scaffolding, staging, trestles and planking necessary for the work of this section. Scaffolding shall conform with applicable laws and ordinances and shall not unnecessarily interfere with the work of others. 1.02 QUALITY ASSURANCE A. Qualifications: I. Applicator Qualifications: Application of specified plaster systems on at least three projects equal in scope and quality to the work specified. B. Requirements of Regulatory Agencies: Conform to Chapter 42, 43, 47 of the UBC for fire resistance ratings of walls, ceilings, and column protection and other requirements. C. Reference Standards: All work shall conform to the Southern California Plastering Institute - Lath and Plaster Reference Specifications. 1.03 SUBMITTALS A. Provide 3 foot by 4 foot sample of each plaster system, color and texture required on project to the Architect for review. Once sample installation has been approved, that samples becomes the standard of quality expected for that system throughout the project. B. Evidence of applicator's experience including project identification with names of Owner and Architect/ Engineer. SECTION 09100 - PLASTER SLURRY OVER MASONRY -1 • 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Packaging: Deliver manufactured materials in original packages, containers or bundles, bearing name of manufacturer and brand. B. Storage of Materials: Keep plaster and all cementitious materials dry until ready to use. Keep off ground, under cover. Protect metal goods against rusting. 1.05 COORDINATION: Provide coordination and cooperation for the incorporation of the sculptural relief panels as specified elsewhere. 1.06 JOB CONDITIONS A. Environmental Requirements: 1. Temperature: Do not apply plaster unless a minimum recommended uniform temperature has been and continues to be maintained in building for a minimum of seven days prior to plaster application, during plastering, and a minimum of seven days after plaster is dry. 2. Provide necessary temporary heat and blowers to stabilize temperature and control ventilation inside the building. 3. Provide ventilation for the drying of plaster during and subsequent to application. 4. Minimum illumination in area where plaster work is in progress: 30 ft. candles. B. Protection: 1. Protect screeds and finished surfaces installed prior to plastering by covering with plastic sheets, non - staining kraft paper, removeable type masking tape or nonstaining petroleum jelly as appropriate to the surface being protected. 2. Drawings are not necessarily intended to assign construction sequence, therefore, protection of in- place materials and assemblies may be required, and can be construed from drawings. Furnish, install, then remove all protective measures at no additional cost. 3. Maintain protective covering in place until completion of plastering work. PART 2 - PRODUCTS 2.01 MATERIALS A. Plaster Materials: 1. Cement: ASTM C150, Type I or II, Portland. Victor Fibergun Plastic Cement with Hi -fibe P -305 for scratch and brown coats. 2. Lime: ASTM C206, dry hydrated type. Lime putty, if proposed, shall weigh more than 83 pounds per cubic foot. SECTION 09100 - PLASTER SLURRY OVER MASONRY - 2 C1 • 3. Sand: ASTM C144, clean and well graded from coarse to fine. 4. Water: Clean and free from injurious amounts of acid, alkali, and organic matter. B. Accessories: 1. Accessories: Provide all PVC trim such as comite, beads, screeds, foundation vents, prefabricated joints for control and expansion /contraction as required or detailed. 2. Galvanize all fastening devices such as staples, nails, screws, and wire ties. 3. Color: Exterior color shall be as scheduled. PART 3 - EXECUTION 3.01 INSPECTION A. Notification of Inspection: Before proceeding with the work of this section, the contractor shall be notified by the proper authority that required inspections have been made of the work to be covered. B. Correction of Unsatisfactory Conditions: Make a detailed inspection of all areas and surfaces to be enclosed or covered by the work of this section. Report any unsatisfactory condition to the proper authority. Do not proceed with the work of this section until known unsatisfactory conditions have been corrected. 3.02 INSTALLATION/APPLICATION/PERFORMANCE A. Surface Preparation: 1. Properly prepare surfaces, substrates and previously installed assemblies for acceptance of plaster systems. B. Application: Provide brown and finish coats only over masonry with smooth but undulating surface. C. Curing: Thoroughly sprinkle brown coat as soon as plaster appears to be drying out. Sprinkle thereafter every morning and evening and at other times as necessary, then allow to dry uniformly for at least 48 hours before finish coats are applied. E. Jointing: As work progresses, build -in expansion /con- traction joints as shown on drawings. If not detailed, place as recommended by Plastering Institute, but gain written approval from Architect on their exact suggested location prior to installation. 3.03 FINISH: CMF - smooth, undulating California Mission Finish, ready for painting. 3.04 CLEAN -UP A. Final Clean -up: Upon final completion of work in an area, remove rubbish, debris, scaffold and tools and leave area clean of all surface plaster. Where the type of floor covering requires further cleaning, such cleaning shall be the work of others. SECTION 09100 - PLASTER SLURRY OVER MASONRY - 3 Ll B. Coordinate and pay for all areas damaged by plastering operations at no extra cost to the Owner. 3.05 PATCHING AND REPAIR OF PLASTER A. Surface Defects: Defects which appear in the work of this section, due to defective workmanship and /or materials furnished and installed hereunder, shall be repaired and refinished with materials and in a manner to meet the requirements of this section. B. Damage by Others: The General Contractor shall repair damage done by others to the work of this section, until the Owner has accepted the Project as complete. END OF SECTION SECTION 09100 - PLASTER SLURRY OVER MASONRY - 4 0 0 SECTION 09310 - CERAMIC TILE PART I— GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: Provide tiles, including trims, mortars, and grouting required for installation D. Related Work Specified Elsewhere: 1. Section 04220 — Concrete Unit Masonry 1.02 QUALITY ASSURANCE A. Codes and Standards: Perform work and provide materials in accordance with recommendations of TCA and ANSI. B. Conditions: Provide sufficient light and heat (except where impractical such as outdoors) and ventilate in areas where work is being performed. Take precautionary measures to ensure that excessive temperature changes do not occur. Do not start work until the substrate is satisfactory. 1.03 PRODUCT DELIVER, STORAGE AND HANDLING A. Deliver manufactured materials in original sealed containers with manufacturer's name, brand and grade seals affixed or sealed within. Keep materials dry until used. Order RTK Murals within 10 days of contract award. No time extensions will be allowed for not ordering the tile in a prompt manner early in the job. B. Furnish tile to water blaster for signs. 1.04 SUBMITTALS A. Provide manufacturer's standard samples for selection of type, style, finish and color of units, including samples of grout available. B. Certification: Suppliers shall furnish certification attesting that materials meet specification requirements. C. Furnish documentation that all final floor finishes meet the minimum static coefficient of friction of 0.6 - ASTM C1028. SECTION 09310 - CERAMIC TILE -1 I Vey ti 1m 2:Zi] Bill ll�1 � 2.01 MATERIALS A. Glazed Tiles: Provide glazed, standard quality, ceramic bodied, dry pressed, dense, modified square edged tiles with lugs on all sides for proper spacing. Provide units and colors as scheduled. B. Mortar and Grout: Provide mortar and grout materials manufactured by Upco, L & M Surco, or other approved, in colors selected. C. Leveling Coat: Provide a latex cement leveling coat where necessary to achieve required degree of evenness. D. Provide full line of trims, coves, caps and bullnoses. E. Ceramic Murals and Decorative Tile as scheduled — RTK Studios, 206 Canada, Ojai 93023 (805) 640 -9360. F. Membrane (between slab and setting bed) Custom Trowel and Seal. G. Elastomeric Joint Caulk: Where indicated on the drawings, and elsewhere as required provide: 1. All joints between floors and walls and at joints between tile and dissimilar materials. a. Custom Building Products Polyblend® Ceramic Tile Caulk. PART 3 - EXECUTION 3.01 WALL TILE: Install Latex — Portland cement mortar with epoxy grout in accordance with ANSI A118.3 and TCA - W211 at 8x8 tile locations and W202 at 2x2 tile locations. 3.02 FLOOR TILE: Install in cement mortar with epoxy grout in accordance with ANSI A118.3 and TCA - F132. 3.03 Ensure cleanliness of substrates prior to installing materials, all work shall be true, within a tolerance of 1/8" in 10'. 3.04 Place materials in accordance with patterns shown on drawings or required by City. Carefully plan material layouts for largest possible cut pieces, equal at opposite sides of areas being covered. Ensure that patterns are uninterrupted unless required. 3.05 Neatly cut around fixtures, penetrations and drains. Accurately form corners, bases, intersections, caps and returns. Cut all members required to be cut with power cutting tools. No other method will be accepted. SECTION 09310 - CERAMIC TILE - 2 • • 3.06 Ensure that joints are uniform, watertight and align in all directions, including with joints of same of similar materials in other planes. Align joints vertically and horizontally. No staggered joints will be permitted. Fill joints full with grout, wipe excess grout from tile faces, and leave all joints finished at uniform depth. 3.07 Sound materials after setting. Replace and remove hollow sounding units. 3.08 Build in expansion and contraction joints as work progresses, keeping mortar and grouts out. Submit suggested locations of expansion joints. Do not exceed 16 feet in any direction without such joints. 3.09 Allow sufficient time for mortar to cure (minimum 48 hours) prior to grouting. 3.10 Do not use broken, damaged units. 3.11 Install units in accordance with the methods shown in TCA Handbook for Ceramic Tile Installation. 3.12 PROTECTION: All installed materials shall be protected from damage until building is accepted. Any damaged, defective, or discolored tile shall be replaced at no cost to the City. 3.13 Provide extra tile equal to 1% of installed tiles of each type and color boxed in manufacturer's original containers, as per General Requirements. END OF SECTION SECTION 09310 - CERAMIC TILE - 3 SECTION 09801- SPECIAL COATINGS — PIGMENTED ANTI - GRAFFITI PART 1— GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: Apply coating on vertical surfaces where noted on Plans. 1.02 MAINTENANCE MATERIALS: Leave on premises where directed, not less than one full gallon of each color, of each type of coating, in new unopened container. Label each container for identification. f71�I li�D �SZi17�l�Ky 2.01 "ARMAGLAZE W/B 6000" as manufactured by Aquarius Coatings, Inc. and distributed by ICI / Sinclair Paints as scheduled. (949) 642 -9972 (Stucco & Vertical T -111 Interior.) PART 3 - EXECUTION 3.01 WORKMANSHIP A. Preparation: Thoroughly clean surfaces to receive coating as per manufacturer's recommendations. Seal with "ARMACLEAR Sealek, Saf -T -Seal Primer ". Apply two (2) coats standard, full strength, applied as per manufacturer's recommendations. B. Clean up: Wash down and thoroughly rinse with water any spillage. 1. Maintenance: Provide a proposal for periodic inspection, cleaning and re- application on a yearly basis. C. All work shall conform or exceed the specifications within the Painting Section. Refer to Section 09900 as well as the manufacturer's instructions. END OF SECTION SECTION 09801- SPECIAL COATINGS & PIGMENTED ANTI - GRAFFITI -1 SECTION 09870 - SANDBLASTED FINISHES PART I— GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: Perform sandblasting on wood beams, trim and sheathing except pre - textured re -sawn wood surfaces. 1.02 QUALITY ASSURANCE: Provide test sample areas where designated by Architect, where exact textures may be selected on materials in- place. 1.03 PROTECTION: Provide all protection needed to mask materials in -place which could be harmed by these operations. Remove protection upon completion of work. As may be required by project conditions, perform sandblasting operations during premium time hours at no additional expense to Owner. Consult with Architect to determine if this will be necessary. All sandblasting is to be completed prior to any painting of surfaces. PART 2 — PRODUCTS — NOT APPLICABLE PART 3 - EXECUTION 3.01 Where possible, perform sandblasting in a single and continuous operation to accomplish consistency of texture and pattern. 3.02 Apply a dry blast process using a fine grained sand with enough air pressure to moderately texture the Douglas fir wood and other surfaces as required. Apply a heavy texture blast to cementitious surfaces, exposing subsurface aggregate. Where a wet process is practical, or where a confined area would preclude a dry process, use a wet blast. On masonry surfaces, exercise caution to prevent necessity of re- pointing grout. 3.03 Upon completion of these operations, clean and vacuum surfaces blasted, as well as all those affected areas around sandblasted surfaces. END OF SECTION SECTION 09870 - SANDBLASTED FINISHES -1 SECTION 09900 - PAINTING PART I— GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: Prepare surfaces and finish as scheduled. D. Related Work Specified Elsewhere Section 05500 — Miscellaneous Metal Fabrications - coatings Section 08212 — FRP Flush Doors — prefinished materials Section 09801 — Special Coatings- Pigmented Anti - Grafitti Section 09870 — Sandblasted Finishes 1.02 CODES AND STANDARDS A. Conform to California Air Resources Board (CARB) Rules, especially 1113. B. Conform to the best standards of practice as per Premium Quality in the Painting and Decorating Contractors of America (PDCA) Specification Manual 1986 (206- 941 - 8823). 1.03 SUBMITTALS A. Prepare 8 -1/2 inch by 11 inch samples of finishes when requested by Architect. When possible, apply finishes on identical type materials to which they will be applied on job. B. Identify each sample as to finish formula, color name and sheen name and gloss units. C. Colors will be selected by City and Engineer prior to commencement of work, from manufacturer's full range of standard and custom colors. D. Materials List: Submit complete lists of materials proposed for use, giving manufacturer's name, catalog number and catalog cut of each item when applicable. E. Manufacturer's Instructions: Submit the manufacturer's current recommended methods of installation, including relevant limitations, safety and environmental cautions, application rates, and composition analysis. SECTION 09900 — PAINTING -1 11 0 1.04 MOCK -UP A. Before proceeding with paint application, finish one complete surface of each color scheme required, clearly indicating selected colors, finish texture, materials and workmanship. If approved, sample area will serve as a minimum standard for work throughout. 1.05 MAINTENANCE MATERIALS A. Leave on premises where directed, not less than one full gallon of each color, of each type of paint, in new unopened container. Label each container for identification. 1.06 DELIVERY, STORAGE AND HANDLING A. Deliver paint materials in sealed original labeled containers bearing manufacturer's name, type of paint, brand name, solids content, color designation and instructions for mixing and /or reducing. B. Provide adequate storage facilities. Store paint materials at minimum ambient temperatures of 45 degrees F, in well ventilated area. 1.07 ENVIRONMENTAL CONDITIONS A. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture contents of surfaces are below following minimums: plaster - 8 percent. B. Ensure surface temperatures or surrounding temperatures are above 50 degrees F. before applying finishes. C. Provide adequate continuous ventilation and sufficient heating facilities to maintain temperatures above 50 degrees F. for 24 hours before, during, and 48 hours after application of finishes. D. During painting, provide minimum of 25 foot candles of lighting on surfaces to be painted. 1.08 PROTECTION A. Adequately protect other surfaces from paint and damages. Repair damages as a result of inadequate or unsuitable protection. B. Furnish sufficient drop cloths, shields and protective equipment to prevent spray or droppings from fouling surfaces not being painted and in particular, surfaces within storage and preparation areas. C. Place cotton waste cloths and materials which may constitute a fire hazard in closed metal containers and remove daily from site. D. Remove or cause to have removed, electrical plates, fittings, fastenings, escutcheons, and hardware prior to painting operations. These items are to be carefully stored, cleaned and replaced on completion of work in each area. Do not use solvents or other harsh cleansers on surfaces which could be damaged by such use of materials. SECTION 09900 — PAINTING - 2 C7 PART 2 - PRODUCTS 2.01 MANUFACTURERS • A. Provide paints and coatings manufactured by one of the following companies. Only one company's products may be used throughout the project, except as noted: 1. Paints: Dunn- Edwards, Frazee, Sinclair, or Vista 2. Stains: Cuprinol, Okon, Olympic, or SuperDeck 3. Oils: Behr or Watko 4. Lacquers, sealers, varnish, etc.: as recommended by the subcontractor and approved by the architect. B. Best quality grade of specified types as regularly manufactured by recognized paint and varnish manufacturers. Materials not bearing manufacturer's identification as standard best grade product of regular line are not acceptable. 2.02 PAINT MATERIALS A. Accessories: Provide linseed oil, shellac, polyurethane, turpentine and other materials not specifically specified but required to achieve finishes. B. Paints and Coatings: Provide ready -mixed type except field catalyzed coatings; pigments fully ground maintaining soft paste consistency, capable of being readily and uniformly dispersed to complete homogeneous mixtures. C. Provide paints and coatings with good flowing and brushing properties and capable of drying or curing free of streaks and sags. D. Paints and finishes, durable and washable. Surfaces shall stand up under washing as required to remove pencil marks, ink, ordinary soil, etc. without showing discoloration, loss of gloss, staining or other damage. 2.03 SOURCE QUALITY CONTROL FOR ELASTOMERIC COATING A. Mechanical Tests: 1. At 25 degrees C (177 degrees F) a. Elongation percentage 367 b. Tensile (pounds per square inch) 639 2. At minus 10 degrees C (14 degrees F) a. Elongation percentage 177 b. Tensile (pounds per square inch) 1386 B. Dirt Pick Up Resistance: 1. Percentage reflectance retained equals 99.3 after two years exposure to the environment. C. Water Vapor Transmission: 1. Permeability (ASTM- E96 -66) .08 perm. Inches 2. Capable of withstanding approximately eight feet hydrostatic head. SECTION 09900 — PAINTING - 3 • • D. Wind- driven rain resistance: 1. Passes standard test for this category. E. Weatherability: 1. Ultraviolet light resistance durability of finish with a life expectance of 10 -15 years compared to a 100 percent acrylic paint life of 5 -7 years. F. Federal Specification: 1. similar in performance to TT- C -555b, Type 1 and 2. PART 3 - EXECUTION 3.01 INSPECTION A. Thoroughly examine surfaces scheduled to be painted prior to commencement of work. Verify required lighting temporary heat and ventilation requirements. Report in writing of conditions potentially detrimental to proper application. Do not commence until satisfied that defects and deficiencies in surfaces have been rectified. 3.02 PREPARATION OF SURFACES A. Thoroughly clean all surfaces to be painted with hydro - cleaning process to remove chalk, dirt and other deleterious materials where such cleaning methods are practical. Spot prime before application of finish coats. B. Remove dirt, grease and oil from canvas and cotton covered insulated materials such as pipes and ducts. C. On surfaces to be cleaned which cannot be hydro- cleaned, where possible, wash with solution of TSP and thoroughly rinse. D. Patch and prime cementitious materials. E. Remove contamination from gypsum board surfaces and prime to show defects, if any. Paint after defects have been remedied. F. Remove surface contamination and oils from zinc coated/ galvanized surfaces, wash with Dunn & Edwards' vinyl wash pre - treatment. Thoroughly treat the cleaned surface with rust inhibitive primer as recommended by paint manufacturer and confirmed with metal manufacturer. Do not etch bonderized metal. Remove all excess etching solution. Allow metal surfaces to dry completely before application of paint. G. Remove dirt, loose scale, powder, mortar and other foreign matter from cementitious surfaces which are to be painted or to receive clear sealer. Remove oil and grease with TSP solution, rinse well and allow to thoroughly dry. H. Remove stains from cementitious surfaces caused by weathering of corroding materials with a solution of sodium metasilicate after being thoroughly wetted with water. Allow to thoroughly dry. SECTION 09900 — PAINTING - 4 0 0 I. Fill hairline cracks, small holes and imperfections. Smooth off to match adjacent surfaces. Wash and neutralize high alkali where they occur. J. Remove grease, rust, scale, dirt and dust from steel and iron surfaces. Where heavy coatings of scale are evident, remove by wire brushing, sandblasting or other method necessary, practical and in accordance with Steel Structures Painting Council. K. Clean unprimed steel surfaces by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring welded joints, bolts and nuts are similarly cleaned. Prime surfaces to indicate defects, if any. Paint after defects have been remedied. L. Sand and scrape shop primed steel surfaces to remove loose primer, and rust. Feather out edges to make touch -up patches inconspicuous. Clean surfaces with solvent. Prime bare surfaces. M. Wipe off sanding dust and grit from miscellaneous wood and carpentry items prior to priming. Spot coat knots, pitch streaks and sappy sections with sealer. Fill nail holes and cracks after primer has dried and sand between coats. Back prime interior and exterior woodwork. 3.03 APPLICATIONS A. Apply each coat at proper consistency, according to manufacturer's directions. B. Each coat of paint is to be slightly darker than preceding coat unless otherwise directed, or finish is clear. C. Sand lightly between coats to achieve required finish. D. Do not apply finishes on surfaces that are not sufficiently dry. E. Allow each coat to dry before following coats are applied. F. Back prime wood which is to receive paint or stain, with exterior alkyd primer or stain to match exposed surface. G. Prime top and bottom edges of wood doors with exterior alkyd primer when they are to be painted. 3.04 LOUVERS, MECHANICAL AND ELECTRICAL EQUIPMENT A. Refer to mechanical and electrical sections of these specifications, as well as drawings, with respect to painting and finishing requirements, color coding, identification banding of equipment, ducting, piping and conduit. B. Remove grilles, covers and access panels for mechanical and electrical systems from location and paint separately. C. Finish paint primed equipment to colors selected. D. Prime and paint insulated and bare pipes, conduits, boxes, fire sprinkler heads and escutcheons, insulated and bare ducts, hangers, brackets, collars and supports, except where items are plated or covered with a pre- finished coating, or are not exposed to view. E. Replace identification markings on mechanical and electrical equipment when painted over or spattered. SECTION 09900 — PAINTING - 5 0 0 F. Paint interior surfaces of air ducts, convector and baseboard heating cabinets that are visible through grilles and louvers with one coat of flat black paint, to limit of sight line. Paint dampers exposed immediately behind louvers, grilles, convector and baseboard cabinets to match face panels, as applicable. G. Paint both sides and edges of plywood backboards for electrical equipment before installing backboards and mounting equipment on them. H. Color code equipment, piping, conduit, and exposed ductwork of mechanical and electrical work. Color banding and identification shall include flow arrows, naming, numbering, stenciling, etc. 3.05 CLEANING A. As work progresses and upon completion, promptly remove paint where spilled, splashed, smeared and splattered. B. During progress of work, keep premises free from unnecessary accumulation of tools, equipment, surplus materials and debris. C. Upon completion of work, leave premises neat and clean, to satisfaction of City. 3.06 EXTERIOR PAINTING AND FINISHING SYSTEMS LIST: Note: Coverage rates or dry film thicknesses shall conform to manufacturer's recommendations. A. Stained Wood - 1 heavy coat exterior semitransparent wood stain. B. Ferrous Metal - 1 coat ferrous compatible rust inhibitive epoxy primer, 2 coats gloss epoxy. C. Galvanized Metal - 1 coat zinc compatible rust inhibitive epoxy primer, 2 coats gloss epoxy. D. Aluminum - factory applied finish system. E. Stucco — Refer to Section 09801. 1.07 INTERIOR PAINTING AND FINISHING SYSTEMS LIST: Note: Coverage rates or dry film thicknesses shall conform to manufacturer's recommendations. A. Stained Wood - 2 coats wood stain (semitransparent or solid body as scheduled). B. Ferrous Metal - 1 coat ferrous compatible rust inhibitive epoxy primer, 2 coats gloss epoxy. C. Galvanized Metal - 1 coat zinc compatible rust inhibitive epoxy primer, 2 coats gloss epoxy. D. Aluminum - factory applied finish system. E. T -111 Siding — refer to Section 09801.25014 3.08 COLOR SCHEDULE - Refer to plans. END OF SECTION SECTION 09900 — PAINTING - 6 SECTION 10160 - SOLID PHENOLIC TOILET DOORS PART 1— GENERAL 11 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system : Provide toilet partition doors, fasteners, and hardware. D. Related Work Specified Elsewhere: 1. Section 10800 — Toilet and Bath Accessories 2. Section 04229 — Concrete Unit Masonry. 1.02 QUALITY ASSURANCE A. Codes and Standards: In addition to conforming with all pertinent codes and regulations, including State Handicapped Code - Chapter 54, Part 2, Title 24, and the American Disabilities Act - ADA, fabricate and install the toilet partition doors in strict accordance with the published recommendations of the manufacturer of the products selected. B. Codes and Standards: Provide materials in accordance with FS L -P -508 for plastic laminate, and ASTM A167 for stainless steel. C. Qualifications of Installers: For this portion of the work, use only installers who are thoroughly trained and skilled in the installation of the type of toilet partition doors selected. 1.03 SUBMITTALS A. At least thirty (30) days after award of contract submit five (5) sets of shop drawings to the Architect for approval. Show all details of construction and anchorage, swings of doors, and methods and locations of attachment to other construction. When approved by Architect shall function as the basis for acceptance or rejection of actual methods -of- installation being used. B. Color: Submit manufacturer's standard samples with initial shop drawing submittal, or furnish as scheduled. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: Product Handling: Use all means necessary to protect toilet partition doors before, during and after installation and to protect the installed work of other trades. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Architect and at no additional cost to the Owner. SECTION 10160 - SOLID PHENOLIC TOILET DOORS -1 0 1.05 JOB CONDITIONS A. Cooperate as necessary with all other trades to ensure proper and adequate provision for the installation of items described in this Section. B. Verify all dimensions shown on drawings by taking field measurements. PART 2- PRODUCTS 2.01 MANUFACTURERS: Provide a system of products manufactured by Bobrick, or other approved. This specification is based upon Bobrick Duraline 1080 Series toilet compartments and institutional hardware. All materials shall meet or exceed their product. 2.02 MATERIALS A. 1080 Series doors 3/4" (19mm) thick, 58" (147cm) high, up to 36' (91cm) wide. All stiles 3/4" (19mm) thick. Edges shall be black. B. Hardware: Hinge shall be 16 gauge (1.6mm) continuous stainless steel piano hinge, 2" (51mm) wide with 1/8" (3.2mm) diameter pin and extend full height of door. Door latch shall be 14 gauge (2.Omm) and slide on nylon track attached to door with concealed screws. Door keeper shall be 11 gauge (3.2mm) and cover top and bottom of latch when door is in closed /locked position. Door shall be furnished with two 11 gauge (3.2mm) PVC coated door stops to prevent door frorn being kicked out of compartment. All door hardware shall be through - bolted with stainless steel, one -way machine screws inside and outside of compartment. Threaded metal inserts shall be factory installed for mounting door hardware. Stainless steel U- channels for panel to stile and panel to floor and wall mounting and optional angle brackets for panel to wall mounting shall be 18 gauge stainless steel (1.3mm) and extend full height of panel. Stainless steel one -way sheet metal screws furnished for installation of mounting brackets. All connections shall be installed so as to withstand 1100 lbs. pressure. PART 3 - EXECUTION 3.01 INSTALLATION A. Install all toilet partition doors rigid, straight, plumb, level square in strict accordance with the approved shop drawings manufacturer's published recommendations. B. Take site dimensions, and ensure that plumbing fixtures are correctly spaced. Ensure blocking and wall reinforcing are correctly installed. C. Leave no more than 1/2 inch, nor less than 1/4 inch between walls and panels, and wall and end pilasters. D. All drilling, cutting and fitting to room finish shall be concealed in. the finished work. SECTION 10160 - SOLID PHENOLIC TOILET DOORS - 2 r�L 0 E. Clearance at vertical edges of doors shall be uniform from top to bottom and shall not exceed 3/16 inch. Doors shall be free of warp and bind. F. Adjust hardware and leave in perfect working order. G. Adjust doors for proper swing, and proper positive latching when closed. H. Repair or replace materials damaged prior to Owner acceptance. 3.02 COLOR: See Schedule. END OF SECTION SECTION 10160 - SOLID PHENOLIC TOILET DOORS - 3 0 9 SECTION 10410 - SIGNAGE PART 1— GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: perform labor required to execute this work as indicated on the drawings, as specified, and as necessary to complete the furnishing of signage items specified below. D. Related work specified in other Sections: 1. Section 04220 - Concrete Unit Masonry 2. Section 09310 - Ceramic Tile 1.02 SUBMITTALS: Submit shop drawings and catalog cuts for all items to be furnished. Manufacturer's standard drawings and installation information will be acceptable where it is complete enough to determine its acceptability. Also submit samples of materials where options of color, pattern or texture exist. 1.03 QUALITY ASSURANCE: All signwork shall be performed by a person with a minimum of five (5) years experience with similar work. PART 2 - PRODUCTS 2.01 HANDICAP SYMBOLS: Signs to be precast Quickcrete as detailed (909 -737- 6240). Provide Braille indications on signs. Tape is not considered an acceptable Braille indicator. 2.02 6" HIGH BUILDING ADDRESS: Helvetica visible from the street per Fire Marshall Requirements — Fire Code 901.4.4, etched into ceramic the by 'Intertile' or equal (714) 456 -9222. END OF SECTION SECTION 10410 - SIGNAGE -1 • i SECTION 10601- MESH PARTITIONS PART 1- GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system: 1. Furnish materials and perform labor required to execute this work as indicated on the drawings, as specified, and as necessary to complete the contract, including, but not limited to, these major items: a. All mesh panels. 1.02 QUALITY ASSURANCE A. Reference Standards: 1. Standard Specifications for Public Works Construction. 1.03 SUBMITTALS A. At least thirty (30) days after award of contract submit five (5) sets of shop drawings to the Architect for approval. Show all details of construction and anchorage, and methods and locations of attachment to other construction. When approved by Architect shall function as the basis for acceptance or rejection of actual methods -of- installation being used. B. Color: As scheduled on plans. 1.04 JOB CONDITIONS A. Cooperate as necessary with all other trades to ensure proper and adequate provision for the installation of items described in this Section. B. Verify all dimensions shown on drawings by taking field measurements. lllliT 4IM' ' 109181-0- 14 2.01 MATERIALS: All materials shall be Colorbond II, Chainguard or equal. Framing System - KING WIRE PARTITIONS (213- 256 - 4848), TOBIN STEEL (714- 541 - 2268), ATLAS (213- 581 - 7340), CALIFORNIA WIRE (714- 371 - 7730), McNICHOLS (800- 237 - 3820), SECURE -GUARD (303- 927 -4080) or approved equal. SECTION 10601- MESH PARTITIONS -1 A. MESH: Black polyester 1" super security 10 gauge, securely clinched to frames, galvanized and coated. B. POSTS, RAILS: 1 -1/4" x 5/8" cold rolled "C" channel with 1/4" bolt holes at 14" O.C., black polyester over galvanized steel. C. FUSION BONDED COATING: Black polyester. Profile Plastic Coatings (213 -227- 8777), MPC (213- 583 -4727) or equal. D. FITTINGS, REINFORCING BARS, and other appurtenances shall be aluminum alloy, galvanized pressed steel, malleable or cast steel as specified, epoxy - phenolic primed and coated with matching polyester. Painted fittings are not acceptable. Provide 1" channel around edge of all fixed panels. PART 3 - EXECUTION 3.01 INSTALLATION A. All work shall be constructed in conformance with the best standards and practices of the trade using skilled mechanics. Form and fabricate items of work as indicated and required to meet installation conditions. Make provisions to connect with /or receive the work of other trades. B. Field check units for fitting prior to coating. END OF SECTION SECTION 10601- MESH PARTITIONS - 2 9 0 SECTION 10800 - TOILET AND BATH ACCESSORIES PART 1— GENERAL 1.01 DESCRIPTION: A. Special Conditions: The conditions of the contract, including the special conditions, are an integral part of this specification. Their contents should be carefully noted. B. The provisions of the Standard Specifications for Public Works Construction, latest Edition, Section 300, apply except as modified herein. C. Description of the system:: Toilet accessories, attachment devices, and required rough -in frames D. Related Work Specified Elsewhere: 1. Section 10160 — Solid Phenolic Toilet Doors. 2. Section 06200 — Finish Carpentry. 3. Section 04220 — Concrete Unit Masonry 1.02 QUALITY ASSURANCE A. Codes and Standards: ASTM A167- Stainless and Heat - Resisting Chromium - Nickel Steel Plate, Sheet and Strip. B. In addition to conforming with all pertinent codes and regulations, including State Handicapped Code - Chapter 4, Part 2, Title 24 and American Disabilities Act - ADA, fabricate and install the toilet accessories in strict accordance with the published recommendations of the manufacturer of the products selected. 1.03 SUBMITTALS: At least thirty (30) days after award of contract submit six (6) sets of shop drawings to the Architect for approval. 1.04 PRODUCT DELIVERY, STORAGE AND PROTECTION A. Delivery: Do not deliver accessories to project until areas to receive them are properly finished. Each unit shall be individually packaged, complete with necessary fasteners and accessories. Deliver materials in manufacturer's original, unopened protective packaging, clearly marked with manufacturer's name, brand name and catalog part number. B. Storage: Materials shall be stored in an enclosure providing protection from damage and exposure to the elements. C. Handling: Damaged or deteriorated materials shall be removed and replaced at no cost to the Owner. D. Protection: Protect adjacent or adjoining finished surfaces and work from damage during installation of work of this section. 1.05 GUARANTEE: All accessories shall be guaranteed in writing for two years in accordance with the Special Provisions. SECTION 10800 - TOILET AND BATH ACCESSORIES -1 0 0 PART 2 - PRODUCTS 2.01 SCHEDULE OF ACCESSORIES: Refer to the schedule for a list of accessories required for this project. The numbers listed correspond to catalog numbers of units manufactured by Bobrick and Fastaire. Units manufactured by other companies such as Charles Parker, Accessory Specialties, Tubular Specialties, or others may be accepted, if they are of comparable quality as approved by the Architect. All units shall be products of a single manufacturer. Refer to Section 2 -5.3.4 for substitutions. PART 3 - EXECUTION 3.01 INSTALLATION A. Installer must examine conditions under which all items to be installed. Notify contractor in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed until unsatisfactory conditions have been corrected. B. Install in strict accordance with the manufacturer's printed instructions. Install true, plumb, and level, securely and rigidly anchored to substrate with tamper -proof concealed stainless steel fasteners. C. Protect adjacent or adjoining finished surfaces and work from damage during installation of work of this section. END OF SECTION SECTION 10800 - TOILET AND BATH ACCESSORIES - 2 PART 2 - PRODUCTS 2.01 SCHEDULE OF ACCESSORIES: Refer to the schedule for a list of accessories required for this project. The numbers listed correspond to catalog numbers of units manufactured by Bobrick and Fastaire. Units manufactured by other companies such as Charles Parker, Accessory Specialties, Tubular Specialties, or others may be accepted, if they are of comparable quality as approved by the Architect. All units shall be products of a single manufacturer. Refer to Section 2 -5.3.4 for substitutions. PART 3 - EXECUTION 3.01 INSTALLATION A. Installer must examine conditions under which all items to be installed. Notify contractor in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed until unsatisfactory conditions have been corrected. B. Install in strict accordance with the manufacturer's printed instructions. Install true, plumb, and level, securely and rigidly anchored to substrate with tamper -proof concealed stainless steel fasteners. C. Protect adjacent or adjoining finished surfaces and work from damage during installation of work of this section. END OF SECTION SECTION 10800 - TOILET AND BATH ACCESSORIES - 2 0 0 SECTION 10999 - MISCELLANEOUS SPECIALTIES & EQUIPMENT PART 1- GENERAL 1.01 DESCRIPTION A. Special Conditions: The conditions of the contract, including the Special conditions, are an integral part of this specification. Their contents should be carefully noted. B. Related Work Specified Elsewhere: 1. Finish carpentry, installation, toilet and bath accessories. C. Description of System: Furnish miscellaneous accessories, attachment devices, and required rough -in frames. 1.03 SUBMITTALS A. At least thirty (30) days after award of contract, submit five (5) sets of shop drawings to the Architect for approval. 1.04 PRODUCT DELIVERY, STORAGE AND PROTECTION A. Delivery: Do not deliver accessories to project until areas to packaged, complete with necessary fasteners and accessories. Deliver materials in manufacturer's original, unopened name and catalog part number. B. Storage: Materials shall be stored in an enclosure providing protection from damage and exposure to the elements. C. Handling: Damaged or deteriorated materials shall be removed and replaced at no cost to the Owner. D. Protection: Protect adjacent or adjoining finished surfaces and work from damage during installation of the work of this section. 1.05 GUARANTEE A. All accessories shall be guaranteed for two years in accordance with the Special Provisions. PART 2 - PRODUCTS 2.01 SCHEDULE OF SPECIALTIES & EQUIPMENT A. Fan. Loren Cook, #12S15D, type SWD epoxy coated direct drive fart. 1006 CFM. Provide custom attachment for support from the lower cupola beam. (Washington Street RR only. Electrical stub out for Balboa Pier RR) B. Clock. (Balboa Pier RR only) Provide an allowance of $500 for the purchase and installation of the clock to be selected by the City. SECTION 10999 - MISCELLANEOUS SPECIALTIES & EQUIPMENT -1 L PART 3 - EXECUTION 3.01 INSTALLATION A. Installer must examine conditions under which all items to be installed. Notify Contractor in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed until unsatisfactory conditions have been corrected. B. Install in strict accordance with the manufacturer's printed instructions. Install true, plumb, and level, securely and rigidly anchored to substrate with tamper -proof concealed stainless steel fasteners. C. Protect adjacent or adjoining finished surfaces and work from damage during installation of work of this Section. END OF SECTION SECTION 10999 - MISCELLANEOUS SPECIALTIES & EQUIPMENT - 2 C3 &190 October 23, 2001 CITY COUNCIL AGENDA STEM NO. 9 1 f ' TO: Mayor and Members of the City Council j ! -- I L 3 FROM: Public Works Department !! t"�p !1" SUBJECT: WASHINGTON STREET AND BALBOA PIER RESTROOM REPLACEMENT —AWARD OF CONTRACT NO. 3367 6 � — p k k4 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3367 to Klassic, Inc., for the Total Bid Price of $531,300, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $31,700 to cover the cost of testing and unforeseen work. 4. Approve a Budget Amendment transferring $50,000 from Account No. 7011- 05100548 to Account No. 7011- C5100632 and transferring $30,000 from Account No. 7231- C2320622 to Account No. 7231- C5100567. DISCUSSION: At 11:00 A.M on October 3, 2001, the City Clerk opened and read the following bids for this project: BIDDER Low Klassic, Inc. 2 HMI Construction Service 3 MJ Contractor 4 E & T Constructors 5 Abeam Construction, Inc. 6 Construct 1 One, Corp. 7 AMD Construction Group, Inc. 8 Sandoval Construction 9 2H Construction, Inc. 10 State Wide Construction Management TOTAL BID AMOUNT $530,300* $659,000 $675,000 $708,790 $720,500 $763,492 $800,000 $854,272 $860,000 $868,560 * Corrected Total Bid Amount is $531,300 SUBJECT: WASHINGTON STRAND BALBOA PIER RESTROOM REPLACEMENT01VARD OF CONTRACT NO. 3277 October 9, 2001 Page: 2 The low total bid amount is 6 percent above the Engineer's Estimate of $500,000. The low bidder, Klassic, Inc., possesses a General Building Contractor "B" license, but has not performed previous contract work for the City. A check with their references and the Contractors State License Board indicates that Klassic has satisfactorily completed similar public building projects for other Southern California agencies and has no pending actions detrimental to their contractor's license. PROJECT DESCRIPTION: On September 26, 2000, the City Council approved a Professional Services Agreement with Ron Yeo, FAIA Architect, Inc., to prepare plans and specifications; for replacing the Washington Street and Balboa Pier restrooms (see attached Location Map). Those plans and specifications are now complete and Building permit - ready. In addition, the Coastal Development Permit for the replacements was granted as part of the approval for the Balboa Village project. The restroom contract documents provide for demolishing the 11- fixture Balboa Pier restroom and constructing a 15- fixture conventional restroom in its place. Similarly, the 6- fixture Washington Street restroom will be demolished and replaced with an 11- fixture restroom. The new restrooms will be fully compliant with provisions of the California Building Code related to accessibility. In preparing the restroom contract documents, Ron Yeo coordinated the design concepts with the design for Balboa Village. In addition, Staff coordinated the restroom construction with the Ocean Pier Rehabilitation and Balboa Village Phase 1 contracts. The contract requires the contractor to provide a portable toilet for public use to replace each fixture that is removed during construction. These toilets will not be removed until the new restrooms are placed into service. All work should be completed during April of 2002. FUNDING: The Balboa Pier restroom replacement is funded with proceeds from the American Trader Oil Spill settlement. The Washington Street restroom replacement is funded under the Facilities Rehabilitation and Remodeling Program. Additional funds in the amount of $50,000 are available for this project in the Citywide Facilities Condition Inventory Project. Savings were realized by preparing a portion of this survey using City Staff. Funds in the amount of $30,000 are also available in the ADA Access Ramp to Lifeguard Headquarters. This improvement was included in the bid items for the Newport and Balboa Piers project awarded at the September 25, 2001 Council Meeting. Sufficient funds are available in the following accounts to provide for award, testing, and unforeseen work: SUBJECT: WASHINGTON STV AND BALBOA PIER RESTROOM REPLACEMENTWARD OF CONTRACT NO. 3377 October 9, 2001 Page: 3 Account Description Beach Restroom Improvements Washington Street Restroom Replacement Citywide Facilities Condition Inventory ADA Access Ramp Respectfully sub PI BBLTC WORKS DEPARTMENT Stephen G. Badum, Director By: Lloy alton, P.E. Design Engineer Attachment: Bid Summary Location Map Account Number 7295- C5100567 7011- C5100632 7011- C5100548 7231- C2320622 Total: Amount $273,000 210,000 50,000 30,000 $563,000 I" = Z U 1Y a2 ma �a OW a� 3� W C+ Z LL 3 O V U m CL E 0 0 w U d u O o � o y x U w O = Uri U 0 O O Q 80 0 0 m z 0 o t- O J Q O � O G o Y N O N J 6i a f w m Z w z {n a co Ee w OU w m i • 3 a z O O f Z =Z N � J S¢ Z z v a n e M M U Y Q f f N m P P pV N n C -1 1 1 ✓:� / _J .�/' ,�'ql —� �7`� _.°I,1�< o,;Rp Q /Oa• p1 /d_ i— S �61.9�5�� _��. �6rCA ST. A7M� qo rxST %%� oBOpeENt y °/, .90 '9 °0y`1 rf 1, a!ni // Jp4 /� // o �i o 1• � u, al E, s llrl / 5 / / / / 1 Zj15 A gob' /3 D Aos,G�•.�Bo� ='I� 7 S l 2 10 _ 11 10 f° 12 Z� oR g �• o4Sa8 2� 5 l!o R. i i2�oq/ d l pc oR RoP/ �. �I z p7 /r1G sic- BAL, t30A LOT PAQ11ING /utiLlG gqC BOA Pt�Q RE -SM6G pER Mlle NQ�r�CA Iv• I Qby of Newport Beach 1* BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Description Increase Revenue Estimates Division Number Increase Expenditure Appropriations X Transfer Budget Appropriations SOURCE: 65100546 Citywide Facility Condition Inventory $50,000.00 from existing budget appropriations ri 7011 from additional estimated revenues Account from unappropriated fund balance EXPLANATION: NO. BA- 016 AMOUNT: $ao,000.00 ktcrease in BudgNwj Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer budget appropriations for the Washington Street and Balboa Pier Restroom Replacement, C -3367. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Amount Debit Credit Description Division Number 7011 Facilities Account Number 65100546 Citywide Facility Condition Inventory $50,000.00 Division Number 7011 Facilities Account Number C5100632 Washington Sreet Restroom Replacement $50,000.00 Division Number 7231 Tidelands - Capital Account Number C2320622 Repair Access Ramp Lifeguard HQ $30,000.00 Division Number 7231 Tidelands - Capital Account Number 05100567 Beach Restroom Improvement $30,000.00 Division Number Account Number • Automatic System En6y. Signed: ��``77 /0' . / %Q� Financial A roval: v rvices Director Date //Administra J% / Signed: O Administrative Appr al: City Manager Kate Signed: i O City Council Approval: City Clerk RQe #ty of Newport Beach 16 BUDGET AMENDMENT 2001 -02 NO. BA- 016 AMOUNT: $ao,000.00 -; EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations i from additional estimated revenues R from unappropriated fund balance _' v I EXPLANATION: This budget amendment is requested to provide for the fallowing: To transfer budget appropriations for the Washington Street and Balboa Pier Restroom Replacement, C -3367. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (360 1) Fund /Division Account EXPEND/TUREAPPROPRIATIONS (3603) Description Description Amount Debit Credit Description Division Number 7011 Facilities Account Number C5100548 Citywide Facility Condition Inventory $50,000.00 Division Number 7011 Facilities Account Number C5100632 Washington Sreet Restroom Replacement $50,000.00 Division Number 7231 Tidelands - Capital Account Number C2320622 Repair Access Ramp Lifeguard HQ $30,000.00 Division Number 7231 Tidelands - Capital Account Number C5100567 Beach Restroom Improvement $30,000.00 Division Number Account Number Automatic Syslem Entry. Signed: FinanZz. al: Administra v - rvices Director / Date Signed: ZACt"#—� zee-1 O AdministrativeApprowlak City ManaggJer/% ate Signed: ,j\q /ir"Yl/J1.� �� /_ ✓rvCCx -��Yj O City Council Approval: City Clerk ate PROFESSIONAL SERVICES AGREEMENT FOR WASHINGTON STREET AND BALBOA PIER RESTROOM REPLACEMENT THIS AGREEMENT, entered into this 26th day of September 2000, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and Ron Yeo, FAIA Architect, Inc., whose address is 500 Jasmine Avenue, Corona del Mar, California 92625 (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City must replace public restrooms located along Washington Street and at Balboa Pier. C. City desires to engage Consultant to prepare plans and specifications for said restroom replacements (hereinafter referred to as "Project') upon the terms and conditions contained in this Agreement. D. The principal member of Consultant firm for the purpose of Project is Ron Yeo, AIA. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, has successfully negotiated with Consultant, and desires -1- to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 26th day of September 2000, and shall terminate on the 26th day of September 2002, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Fifty Nine Thousand Two Hundred Fifty Nine dollars ($59,259). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses -2- including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City and based upon the billing rates as set forth in Exhibit "B ". 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such costs shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional -3- • 0 and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to fumish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. -4- Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with Citys designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant's services on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Ron Yeo, Architect, to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without Citys prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. Citys approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. -5- 0 0 Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY 0 Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and ' progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and -7- 0 all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions policies, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies that are admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Workers compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third parry liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily F-1 L 0 injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be in a minimum amount of $2 million. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and M automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other -10- projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES in order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City shall provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd Dalton, PE, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his -1111- 0 authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable., Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. -12- 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in Consultant's work, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included -13- • in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach, attention: Lloyd Dalton 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3328 Fax (949) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Ron Yeo, FAIA Architect, Inc., Attention: Ron Yeo 500 Jasmine Avenue Corona del Mar, CA 92625 (949) 644 -8111 Fax (949) 644 -0449 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be -14- • • deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations -15= and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City or anyone authorized by City to use CADD data for additions to this Project, for completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 5"0 0 a 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation 2n CONSULTANT Ron Yeo ' U Ron Yeo,*AIA Architect, Inc. f: \users\pbvAshared \agreements4amedcan tradei4estroom replaoement\yeo agreement -17- NEWPOR r q y 1 P.M. 278/28-zl O.R.%- ozz4183�430-G7�o BUL /�NEA� 1 PE,C. D,eo 3l /, ENCROA�N. AGREE. ��1 V `� V.S. ao U 3. G0✓Y WWWLC -R W. VAC. p2D. 3/ L v e / ES 5 �' O 'o ay /r 0 3 Qi5i GI7 /1� � 3 E36�BZ ASTa o, 909 0A. • i s v .. 3° S o/ •9 °1 o e ,QESUB.eK B[X 9 °F o m •813' .s✓5 .9°/ 1 y QACBOA uu B( °7 `� m� a °i soi :e°. au• . 6 5 / - ca •30 :• , 5 N 7 +� /� -5 ,ri.,-,� 4 Co w w / 02 3 4 m / 2 3 pro q1z. 514 yw - � y Joo naz O. �30,1.7008•T9o' o ioa .30 �/ 0m o r O 3° I � --T► �E M, �o m o N y 8 0o wo rao m a' . •� i - O. Y g/ 9 A5 w w a i � 00 to K STM f t wi l it 91 ,, - a �J / / i' �I •1�5 7C � L 1 Y AAe,' 1 IB ! Qf�..q�i 9° A1.5 s °�.. i �9reE�, o k- 3 ►� k PA1, 0OA 3Z. 9 SCOPE OF WORK Raze and rebuild two restroom buildings- $ 300,000.(Balbx $200,000 (WOM) totaling $500.000 including site work$ cnnaulfae %es. PHASE 1 START UP Task 1.1 • Review project scope & schedule with the design team • Give City's project manager a design questionnaire to fill out • Review the project sites and Newport pier with the project manager and maintenance staff for their input and goals Task 1.2 City to furnish the following for review topographic survey base sheet & horizontal control plan Geotechnical report Asbestos report/abatement, if required Task 1.3 • Data collection, review desired fixtures, equipment, base maps, geotec report, topo map, existing utilities - furnished by the City • Review any Police, Zoning & Engineering requirements that might effect the project. (City to provide information & Regulations) • Review goals, space and functional requirements • Receive any requested aesthetic (style) requirements • Review filled out response to the design questionnaire PHASE 2 PRELIMINARY DESIGN Task 2.1 • Develop electrical and storage room space requirements • Develop preliminary floor plans for review • Develop alternate site development studies along with schematic conceptual grading plan (one meeting) Task 2.2 • Based upon the approved floor plan, provide preliminary concept sections and elevation alternates • Finalize the selected alternate design and prepare colored presentation drawings. • Develop anticipated lump sum statement of probable cost • Submit plans for review by the City (second meeting) • Submit plans for City processing of Coastal development permit • PHASE 3 CONSTRUCTION DOCUMENTS Task 3.1 • Based upon the approved preliminary plan and elevations, develop construction documents and calculations for both of the restroom buildings including structural, architectural, electrical, & plumbing. Hardscape, Landscape, plans for Balboa Pier RR only. The City will contract with Psomas /Nuvis for the sitework on Washington Street RR. • Coordinate the buildings with the design team to make sure that all issues are addressed (path of travel, drainage, utilities, etc.) • Review Psomas /Nuvis plans for computability Task 3.2 • Plot and submit for review at the 50% review stage. • Provide a statement of probable lump sum construction cost • Optional add- provide a detailed construction cost breakdown • Optional add - Renderings, model, color & material board Task 3.3 • Finalize construction documents • Provide & coordinate specifications for the building portion of the project. • Plot and deliver to City for printing and submittal for plan check and final city reviews. Task 3.4 • Make any plan check corrections • Plot and deliver to City a "permit ready " set for printing and bidding PHASE 4 BID PHASES Task 4.1 • Provide any required and requested assistance and response to bidders questions. Task 4.2 • Optional add- Review and comment on final bids PHASE 5 CONSTRUCTION OBSERVATION Task 5.1 • Provide construction assistance by reviewing submittals, RFls, and visiting the project site at appropriate times as requested • Conduct a final walk through and punch list if requested. BALBOA PIER AND WASHINGTON STREET RESTROOM REPLACEMENTS ' CITY OF NEWPORT BEACH SCHEDULE RON YEO FAIA ARCHITECT 2000 2001 • • �Xr�igrr 8 FEE ARCHITECTURAL CONSULTING SERVICES FOR THE BALBOA PIER AND WASHINGTON STREET RESTROOM REPLACEMENTS. CONSTRUCTION BUDGET $500,000 DESIGN AND CONSTRUCTION DOCUMENTS payable monthly as a percentage of completion. BALBOA PIER $33,712 WASHINGTON STREET $25,547 TOTAL $99259 CONSTRUCTION ADMINISTRATION - Hourly as required and requested. ($2 to 3,000 per month) The above fee includes in house reproduction for review and checking. Final Review & Bid sets to be furnished by the City. AVAILABLE BUT NOT INCLUDED • Water Quality Management, Traffic control Plans • Offsite improvements • Fire sprinklers, plumbing isometrics, mechanical ventilation • Alarm, video systems • Changes to previously approved plans or scope of work WE EXPECT THE CITY TO PROVIDE: • Geotechnical report along with the City's determination of their desired "level of risk" for the project. • Topographic survey @ 1/8" or 1/10" for each site showing all surface improvements, 1/2 foot contours and spot elevations for joining improvements as well as existing utility locations, inverts existing water pressure & easements. Furnish CADD electronic file with appropriate layers as approved by our civil engineer and a reproducible plan that will act as the base sheet & horizontal control plan for our construction documents. Work to be of the highest quality of the profesion. • The City will contract with Psomas /Nuvis for the sitework for the Washington Street RR. • Toxic and asbestos report • CEQA & Coastal Development permit process • Contract administrator for coordinating and administration the project • Boilerplate specifications & bid form • Plancheck and approval fees 0 RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX: (949) 644 -0449 SCHEDULE OF FEES 2000 PRINCIPAL ARCHITECT STRUCTURAL ENGINEERING PROJECT ARCHITECT SENIOR DESIGN ARCHITECT DESIGN ARCHITECT SENIOR DRAFTSPERSON/DESIGNER INTERMEDIATE DRAFTSPERSON/DESIGNER APPRENTICE DRAFTSPERSON/DESIGNER PROFESSIONAL ADMINISTRATIVE STAFF PER DIEM/OUT OF SOUTHERN CALIFORNIA = $10001DAY + EXPENSES. REIMBURSABLE EXPENSES x 1.15 $ 115.00 /HR. 100.00/HR. 80.00 /HR. 70.00 /HR. 65.00 /H R 55.00/IIR. 50.00/11R. 40.00/HR. 40.00/HR. 1. TRAVEL COSTS ON BEHALF OF THE PROJECT (SITE VISITS, CONFERENCE, ETC.) AT .30/MILE. 2. COMMUNICATIONS AND DELIVERY ON BEHALF OF THE PROJECT. 3. FEES PAID FOR SECURING APPROVALS FROM AUTHORITIES. 4. EXPENSE OF REPRODUCTION, CAD PLOTTING, PICK -UP AND DELIVERY. 5. SPECIALIZED SUBCONSULTANTS. 6. SPECIAL INSURANCE REQUIREMENTS. 7. DETAILED COST ESTIMATES. ALL STATEMENTS SHALL BE RENDERED MONTHLY FOR COMPENSATION AND EXPENSES AND SHALL BE PAID WITHIN TEN (10) DAYS. MONTHLY CHARGES FOR UNPAID OR OVERDUE ACCOUNTS BEYOND FIFTEEN (15) DAYS OF BILLING DATE ARE CHARGED AT 1.5 PERCENT OF THE AMOUNT DUE, COMPOUNDED MONTHLY, WHICH IS AN ANNUAL PERCENTAGE RATE OF 18 %. IN THE EVENT THAT RON YEO, FAIR ARCHITECT, INC. SHOULD REQUIRE THE SERVICES OF AN ATTORNEY FOR THE COLLECTION OF ANY SUMS DUE UNDER THIS AGREEMENT, THE CLIENT AGREES TO PAY SAID REASONABLE ATTORNEYS FEES TOGETHER WITH ANY COSTS INCURRED IN SAID COLLECTION. RETAINER FIVE PERCENT (5%) OF THE FEE IS PAYABLE IN ADVANCE AND WILL BE CREDITED TO THE FINAL BILLING. ACO.Fi� ,. CERTIFICA'O OF LIABILITY INSUFONCE DATE (MM /2 09/11//200 PRODUCER ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. BOX 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711 -0550 714 427 -6810 INSUflED Ron Yeo FAIA Architect Inc 500 Jasmine Ave Corona Del Mar, CA 92625 COVERAGES INSURERS AFFORDING COVERAGE ? INSURER A: St. Paul Fire & Marine I INSURER B: American Equity Specialty Ins. Co. INSURER C .... _ INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PIT Y P IO C 1THSTAN ING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W T S CERTIFICATE MAY BE I$SUE OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TES, E N AND CONDITIONS OF CH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. V NSR POLICY EFFECTIVE POLICY EXPIRATION . RT Wit LT . TYPE OF INSURANCE POLICY NUMBER DATE MWDD/YY I DATE MWDD/YY ,RP06628330 A .XNCDM 1 06/01/00 106/01/01 EACH OCCURRENCE S11. -0.00, Q00 ERBIIALGENERALLIABILIN - 'FIRE DAMAGE (Any one fire) .5 *InClUded !—I CLAIMS MADE , X_,.. OCCUR MED EXP (Pry one parser) S5, 000 I' PERSONAL B AOV INJURY S1, 000, 000 GENERAL AGGREGATE : 52 , 0 0 0, 0 0 0 GEN'L AGGREGATE LIM ITAPPLIES PER PRODUCTS - COMP /OP AGG $2,000,000 POLICY 1 I PEP I LOC A AUTOMOBILE UABIu ry RP06628330 06/01/00 06/01/01 COMBINED SINGLE LIMIT ; ANY AUTO (Ea accident) .51,000,00Q - - ! ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) 1 X HIRED AUTOS BODILY INJURY ' S X NON -OWNED AUTOS Per accident) PROPERTY DAMAGE S IPeracc:denl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S I` AUTO ONLY: AGG'$ `E %LESS DABILITY EACH OCCURRENCE $ ...... _ —._ —_ OCCUR CLAIMS MADE .. I 'AGGREGATE .: ?. _.. ... . . DEDUCTIBLE r--�' I S RETENTION S i S TION AND WORKERS COMPENSATION WC L O LIMITS ER TTORY LIMITS . EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE -POLICY LIMIT S B 'OTHER Prof. Liab. PS004002269 106/07/00 06/07/01 $1,000,000 per claim Cliams Made $1,000,000 ann agg (Full Prior Acts $5,000 ded per claim DESCRIPTION OF OPERATONS40CATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Washington Street and Balboa Pier Restroom Replacements The City, its officers, agents, officals, employees and volunteers are named as additional insured on the General /Auto Liab. per the attached * 10 day notice of cancellation for nonpayment of premium The City of Newport Beach Attn: Lloyd Dalton 3300 Newport Blvd, P.O. Box 1768 Newport Beach, CA 92658 -8915 ACORD25- S(7/97)1 of 1 4S44804/M38042 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL j= QMAI1_ _* 3.0 -DAYS WRITTEN NOTICE TOTH E CERTIFICATE HOLDER NAM ED TO THE LEFTjHgXW_t0CXZQ930 M xX KAH 0 ACORD CORPORATION 1988 GENERAL ENDORSEMENT • • In consideration of an additional premium of N/A it is hereby understood and agreed that the following applies: [ x ] ADDITIONAL INSURED The City of Newport Beach, its officers, agents, officials, employees, and volunteers is /are Additional Insured /s as respects to work done by Named Insured. [ x ] PRIMARY COVERAGE With respect to claims arising out of the operation of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Additional Insured /s. [ x ] WAIVER OF SUBROGATION It is understood and agreed that the Company waives the right of subrogation against the above Additional Insured /s for project described in certificate attached hereto. [ x ] CROSS LIABILITY CLAUSE The naming of more than one person, firm or corporation as Insureds under this policy shall not, for that reason alone, extinguish any rights of one insured against another, but this endorsement, and the naming of multiple Insureds, shall not increase the total liability of the Company under this policy. [ x ] NOTICE OF CANCELLATION It is understood and agreed that in the event of cancellation of the Policy for any reason other than non- payment of premium, 30 days written notice will be sent to the following by mail: City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 In the event the policy is canceled for non - payment of premium, 10 days written notice will be sent to the above. Policy No: RP06628330 Insurance Company: St Paul Fi Issued to: Ron Yeo. FA Kimberly He C. Effective Date: 09/11/2000 Issue Date: 09/11/2000 ACORD CERTIFICA " OF LIABILITY INSURA E DATE ') 1 09/11/2000 PRODUCER Serial# &NDING S`U.0 OR ARTS INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2101 BUSINESS CENTER DR., #230 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IRVINE, CA 92612 LICENSE NO.OT95446 INSURERS AFFORDING COVERAGE INSURED 11NSURERA AIPIER1CA77ZURTC -� A. e►E RON YEO, FAIA ARCHITECT, INC. �_.�. _ INSURERS: 500 JASMINE AVE. I INSURER C: J 1 CORONA DEL MAR, CA 92625 NSURER O: : MED EXP (Any o pe ) 13 ' INSURER E: COVERAGES . J i THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC PERIO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIC THIIl1 &NDING S`U.0 OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, SIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MmL LTR TYPE OF INSURANCE POLICY NUMBER DATE MMl- DATE MMrD I J LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY! ��__.� FIRE DAMAGE (Any metre) E CLAIMS MADE OCCUR : MED EXP (Any o pe ) 13 I PERSONAL B ADV INJURY $ 1E :GENERAL AGGREGATE GEN'LAGGREG4TE LIMIT APPLIES PER : ;PRODUCTS - COMPpP AGG I S I POLICY JECT j �ADO j AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E ANY AUTO i (Ea a.idW) ALL OWNED AUTOS I-_, BODILY INJURY IE I i SCHEDULED AUTOS (Per pers.) HIRED AUTOS BODILY INJURY E NON4DWNEDAUTOS (Per accitl t) PROPERTY DAMAGE j$ (Per ec t) I GARAGE LIABILITY : .AUTO ONLY - EA ACCIDENT S i -7 -- ANY AUTO !' i OTHER THAN EAACC . S AUTO ONLY: — AGG� —S IXCESS LIABILITY EACH OCCURRENCE E OCCUR CLAIMS MADE : AGGREGATE :$ S '. DEDUCTIBLE '~I RETENTION ._.__S S WORKERS COMPENSATON AND 12043719 09101100 09101101 ! X I TORY LIMNS' ER'! A EMPLOYERS' LIABILITY —.. —__... __ .. _�_ -.. . ��d E.L. EACH ACCIDENT j E.L. DISEASE - EA EMPLOYEEIE -� E.L. DISEASE -POLICY LIMIT ± S OTHER ! I I I DESMPTION OF DPERATONS ILOCAMDNSNEHCLESIEXCLUSIONS ADDED BY ENDORSEMENTSPECIAL PROVISIONS WASHINGTON STREET & BALBOA PIER RESTROOM REPLACEMENTS IN THE EVENT O CE» CEI- LATlON FOR NON v.nnr.v I I ADDITIONAL INSURED; INSURER LETTER: TmmI CLLMIIVO PAYMtINI,H lv, "I I`:v:�v� ••• - - -- - THE CITY OF NEWPORT BEACH ATTN:LLOYD DALTON 3300 NEWPORT BLVD. P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE WE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL k5VQ MXL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BQjfAWDqtT0 LL SEP -19 -00 TUE 09:16 AM • FAX N0. • (S'CAL-SURANCE California Insurance License 0256292 COMMERCIAL DEPARTMENT FAX COVER SHEET -------- ---- ---- ------ ---•- ------------------------------- _ DATE: 911912000 TIME: 9 :13 AM TOTAL NO. OF PAGES INCLUDING COVER (18 ) TO FROM FAX NO.: (949)6443318 FAX NO.: (714)939 -1654 COMPANY: City of Newport Beach SENDER: Celia James ATTENTION: Shauna Oyler PHONE NO.: (714)940 -6828 EMAIL: c)ames@calsurance.com ---------------•--------- ...-- ---------- .- ------.....--- RE: Certificates of Insurance Dear Shauna: Enclosed are the checked certificates for the following contractors: o / 1) Van Dell & Associates; 1 /, 2) Ron Yea Architect, Inc.; and 3) Clylltech Engineering. ae�' The carts for Van Dell and Ron Yea are fine. They all met all the requirements. See the bottom of the checklist for the remarks. With regards to Civiltech Engineering, still need the primary and non contributory wording on the Additional Insured Endorsement and that would be fine. Should you have any questions with regards to these certificates, feel free to call me. Thank you, Celia 333 City Boulevard Wcet, Orange, CA 92868 • P.O. Box 7048, Orange, CA 92863 -7048 - 714. 939 -0800 • 714-939 -1654 r. ul ld (S:CAL-SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: O9 Io2 6v DATE COMPLETED: T f Dn DEPARTMENT /CONTACT RECEIVED FROM: SfIAUdIA ona- COMPANY/PERSON REQUIRED TO HAVE CER • ti_ i GENERAL LIABILITY: A. INSURANCE COMPANY: g B. AM BEST RATING (A VII or grcatcr): C. ADMITTED COMPANY: (MUST be California Admitted) Is company Omitted in California? Yes ✓ No_ D. LMTS: (Must be 51.000,000 or greatcr) What is limit provided? / 0 E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) I it included? Ycs_ No_ F. ADDITIONAL INSURDED WORDNG TO INCLUDE: ( The City its officers, agents, officials, employees and nt volueers). Is it included',? Yes ✓ No G. PRIMARY AND NON CONTRIBUTORY WORDING: (Mast be included) Is it included'? Yes ✓ No H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsement include "solely by negligence" wording? Ycs No—y-, I. NOTIFICATION OF CANCELLATION: Although there is a provision that acquires notification of cancellation by certificd mail: per Lauren Farley the City will accept rite endeavor wordutg. II. AUTOMOBILE LIABIL1 Y: A. INSURANCE COMPANY: sr AU MA91liit B. AM BEST RATING (A VII or greater): }f: XV C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admined? Yes ✓ No D. LIMITS: ( Must be $ 1,000,000 minimum BI & PD and 5500,000 UM) What is limits provided? =; jQ- E. ADDITIONAL INSURED WORDINQ TO INCLUDE: (The City its officers .agm s. officials, employees and volunteers). Is it included? Yes ✓ No F. PRJ2kARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Yes ✓ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail: per Lauren Farley the City will accept the endeavor wording. III. WORKERS COMPENSATION A. INSURANCE COMPANY: AI ZW91CW 9N3lIQ B. AM BEST RATING (A VII or greater) C. LIMITS: Staadory D. WAVIER OF SUBROGATION: (To include). Is it included'? Yes ✓ No` HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes ✓No IF NO, WHICH ITEMS NEED TO BE COMPLETED? 0 26 I 0. APPROVED _ TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: WASHINGTON REPLACEMENT AGREEMENT RECOMMENDATION: September 26, 2000 CITY COUNCIL AGENDA ITEM NO. 7 STREET AND BALBOA PIER RESTROOM - APPROVAL OF PROFESSIONAL SERVICES Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Ron Yeo, FAIA Architect, Inc., in the amount of $59,259 to prepare plans, specifications, and estimates for replacing Washington Street and Balboa Pier public restrooms. DISCUSSION: The current budget contains appropriations for replacing the Washington Street and Balboa Pier public restrooms. The Washington Street restroom replacement is an important component of the Balboa Village project that was not appropriate for inclusion in the professional services agreement for Village site work. The Balboa Pier restroom replacement is an item funded under the American Trader Oil Spill settlement. To minimize consultant contract costs, staff combined both projects into one design contract and requested proposals from the following consultants to provide professional services for the project: 1. Azizi Architects 2. Michael P. Porter, AIA 3. Bissell Architects 4. Ron Yeo, FAIA Architect, Inc. The only consultant to submit a proposal was Ron Yeo, FAIA Architect, Inc. Ron Yeo is a well - qualified consultant who has previously provided excellent consultant services to the City and staff has negotiated the services . and fees described in the attached proposed Professional Services Agreement. SUBJECT: BALBOA VILLAGOMPROVEMENT PROJECT, CONTRACT. 3333 - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT May 23, 2000 Page: 2 Per the agreement, Ron Yeo will prepare design concepts for City review and complete preliminary plans for submittal with Balboa Village plans to the Coastal Commission by December 31, 2000. Ron Yeo will complete final permit -ready plans, specifications, and estimates by May 1, 2001. The construction documents will be prepared in separate packages so that restroom construction may proceed under two contracts, if necessary. The following appropriations provide adequate funds to award this contract: Account Name Account No. Amount Beach Restroom Improvements 7295- C5100567 $ 33,712 Balboa Village 7022- C5100453 $ 25,547 _ Total $ 59,259 City staff will furnish design surveys, and plan check for the projects. construction will be performed at bot h possible. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director geotechnical data, environmental documentation, To minimize cost and public inconvenience, restrooms under a combined contract next fall, if By: Robert Stein, P.E. Lloyd on, P.E. Senior Civil Engineer Design Engineer Attachments: Proposed Professional Services Agreement Restroom Location Map 0 PROFESSIONAL SERVICES AGREEMENT FOR WASHINGTON STREET AND BALBOA PIER RESTROOM REPLACEMENT THIS AGREEMENT, entered into this day of 2000, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and Ron Yeo, FAIA Architect, Inc., whose address is 500 Jasmine Avenue, Corona del Mar, California 92625 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City must replace public restrooms located along Washington Street and at Balboa Pier. C. City desires to engage Consultant to prepare plans and specifications for said restroom replacements (hereinafter referred to as "Project ") upon the terms and conditions contained in this Agreement. D. The principal member of Consultant firm for the purpose of Project is Ron Yeo, AIA. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, has successfully negotiated with Consultant, and desires -1- 0 to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the day of , 200_, and shall terminate on the _ day of , 200, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Fifty Nine Thousand Two Hundred Fifty Nine dollars ($59,259). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses -2- E 9 including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City and based upon the billing rates as set forth in Exhibit "B ". 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such costs shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional -3- 0 0 and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant tie responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. me 0 0 Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant's services on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Ron Yeo, Architect, to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit `B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. -5- 0 0 Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY In 0 PJ Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and -7- 0 0 all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions policies, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies that are admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily in 0 0 injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be in a minimum amount of $2 III lfC. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and In 0 0 automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other -10- 0 0 projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City shall provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd Dalton, PE, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his -11- 0 0 authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. -12- 0 0 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in Consultant's work, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included -13- E in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach, attention: Lloyd Dalton 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3328 Fax (949) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Ron Yeo, FAIA Architect, Inc., Attention: Ron Yeo 500 Jasmine Avenue Corona del Mar, CA 92625 (949) 644 -8111 Fax (949) 644 -0449 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be -14- deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations -15- 9 0 and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant: shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City or anyone authorized by City to use CADD data for additions to this Project, for completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word -16- 0 0 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor City of Newport Beach CONSULTANT By: Ron Yeo Ron Yeo, FAIA Architect, Inc. f.\ users \pbw\sharedlagreements\amedcan tradeArestroom replacement \yeo agreement -17- AIEWI-7ORT n0 3A/ OOVS- MEANDER t-J,U Y ,CL y Q6- 0224183��_�n_ s . kA .Z7B /ZB"2y EK pp — o °d rote �5T• �� B6L9�.5t� — — — STRoOM _ O fl, r f R � PI IKaw� �a $N GA ox /60�� cJ r � - o.E zo �7' S,oB •Q!o •.e5.�' 1. :IDS'; ! I i r- is GOT Plic PA I3 / BgLBOA PI" IM RESMOo nor pER �Kl�lG � ,t,�,ARKER E C3 0 EXH/Q/T A SCOPE OF WORK Raze and rebuild two restroom buildings- $ 300,000.(841b w?$200,000 (WaA) totaling $500,000 including site work,: cwwf!ae►f' Irm, PHASE 1 START UP Task 1.1 • Review project scope & schedule with the design team • Give City's project manager a design questionnaire to fill out • Review the project sites and Newport pier with the project manager and maintenance staff for their input and goals Task 1.2 City to furnish the following for review topographic survey base sheet & horizontal control plan Geotechnical report Asbestos report /abatement, if required Task 1,3 • Data collection, review desired fixtures, equipment, base maps, geotec report, topo map, existing utilities - furnished by the City • Review any Police, Zoning & Engineering requirements that might effect the project. (City to provide information & Regulations) • Review goals, space and functional requirements • Receive any requested aesthetic (style) requirements • Review filled out response to the design questionnaire PHASE 2 PRELIMINARY DESIGN Task 2.1 • Develop electrical and storage room space requirements • Develop preliminary floor plans for review • Develop alternate site development studies along with schematic conceptual grading plan (one meeting) Task 2.2 • Based upon the approved floor plan, provide preliminary concept sections and elevation alternates • Finalize the selected alternate design and prepare colored presentation drawings. • Develop anticipated lump sum statement of probable cost • Submit plans for review by the City (second meeting) • Submit plans for City processing of Coastal development permit 0 0 PHASE 3 CONSTRUCTION DOCUMENTS Task 3.1 • Based upon the approved preliminary plan and elevations, develop construction documents and calculations for both of the restroom buildings including structural, architectural, electrical, & plumbing. Hardscape, Landscape, plans for Balboa Pier RR only. The City will contract with Psomas /Nuvis for the sitework on Washington Street RR. • Coordinate the buildings with the design team to make sure that all issues are addressed (path of travel, drainage, utilities, etc.) • Review Psomas /Nuvis plans for computability Task 3.2 • Plot and submit for review at the 50% review stage. • Provide a statement of probable lump sum construction cost • Optional add- provide a detailed construction cost breakdown • Optional add - Renderings, model, color & material board Task 3.3 • Finalize construction documents • Provide & coordinate specifications for the building portion of the project. • Plot and deliver to City for printing and submittal for plan check and final city reviews. Task 3.4 • Make any plan check corrections • Plot and deliver to City a "permit ready" set for printing and bidding PHASE 4 BID PHASES Task 4.1 • Provide any required and requested assistance and response to bidders questions. Task 4.2 • Optional add- Review and comment on final bids PHASE 5 CONSTRUCTION OBSERVATION Task 5.1 • Provide construction assistance by reviewing submittals, RFIs, and visiting the project site at appropriate times as requested • Conduct a final walk through and punch list if requested. 0 0 BALBOA PIER AND WASHINGTON STREET RESTROOM REPLACEMENTS - CITY OF NEWPORT BEACH SCHEDULE RON YEO FAIA ARCHITECT 2000 2001 • • Ore /VI' /r 8 FEE ARCHITECTURAL CONSULTING SERVICES FOR THE BALBOA PIER AND WASHINGTON STREET RESTROOM REPLACEMENTS. CONSTRUCTION BUDGET $500,000 DESIGN AND CONSTRUCTION DOCUMENTS payable monthly as a percentage of completion. BALBOA PIER $33,712 WASHINGTON STREET $25,547 TOTAL $59,259 CONSTRUCTION ADMINISTRATION - Hourly as required and requested. ($2 to 3,000 per month) The above fee includes in house reproduction for review and checking. Final Review & Bid sets to be furnished by the City. AVAILABLE BUT NOT INCLUDED • Water Quality Management, Traffic control Plans • Offsite improvements • Fire sprinklers, plumbing isometrics, mechanical ventilation • Alarm, video systems • Changes to previously approved plans or scope of work WE EXPECT THE CITY TO PROVIDE: • Geotechnical report along with the City's determination of their desired "level of risk" for the project. • Topographic survey @ 1/8" or 1/10" for each site showing all surface improvements, 1/2 foot contours and spot elevations for joining improvements as well as existing utility locations, inverts existing water pressure & easements. Furnish CADD electronic file with appropriate layers as approved by our civil engineer and a reproducible plan that will act as the base sheet & horizontal control plan for our construction documents. Work to be of the highest quality of the profesion. • The City will contract with Psomas /Nuvis for the sitework for the Washington Street RR. • Toxic and asbestos report • CEQA & Coastal Development permit process • Contract administrator for coordinating and administration the project • Boilerplate specifications & bid form • Plancheck and approval fees i • roll RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX: (949) 644 -0449 SCHEDULE OF FEES 2000 PRINCIPAL ARCHITECT $ 115.00/HR. STRUCTURAL ENGINEERING 100.00/HR. PROJECT ARCHITECT 80.00/HR. SENIOR DESIGN ARCHITECT 70.00 /HR. DESIGN ARCHITECT 65.00 /HR SENIOR DRAFTSPERSON/DESIGNER 55.00/H R. INTERMEDIATE DRAFTSPERSON/DESIGNER 50.001HR. APPRENTICE DRAFTSPERSON/DESIGNER 40.00/HR. PROFESSIONAL ADMINISTRATIVE STAFF 40.00/HR. PER DIEM/OUT OF SOUTHERN CALIFORNIA = $1000/DAY + EXPENSES. REIMBURSABLE EXPENSES x 1.15 1. TRAVEL COSTS ON BEHALF OF THE PROJECT (SITE VISITS, CONFERENCE, ETC.) AT .30/MILE. 2. COMMUNICATIONS AND DELIVERY ON BEHALF OF THE PROJECT. 3. FEES PAID FOR SECURING APPROVALS FROM AUTHORITIES. 4. EXPENSE OF REPRODUCTION, CAD PLOTTING, PICK -UP AND DELIVERY. 5. SPECIALIZED SUBCONSULTANTS. 6. SPECIAL INSURANCE REQUIREMENTS. 7. DETAILED COST ESTIMATES. ALL STATEMENTS SHALL BE RENDERED MONTHLY FOR COMPENSATION AND EXPENSES AND SHALL BE PAID WITHIN TEN (10) DAYS. MONTHLY CHARGES FOR UNPAID OR OVERDUE ACCOUNTS BEYOND FIFTEEN (15) DAYS OF BILLING DATE ARE CHARGED AT 1.5 PERCENT OF THE AMOUNT DUE, COMPOUNDED MONTHLY, WHICH IS AN ANNUAL PERCENTAGE RATE OF 18 %. IN THE EVENT THAT RON YEO, FAIA ARCHITECT, INC. SHOULD REQUIRE THE SERVICES OF AN ATTORNEY FOR THE COLLECTION OF ANY SUMS DUE UNDER THIS AGREEMENT, THE CLIENT AGREES TO PAY SAID REASONABLE ATTORNEYS FEES TOGETHER WITH ANY COSTS INCURRED IN SAID COLLECTION. RETAINER FIVE PERCENT (5 %) OF THE FEE IS PAYABLE IN ADVANCE AND WILL BE CREDITED TO THE FINAL BILLING. 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2001 Construct 1 One, Corp. 2432 Walnut, Unit C Tustin, CA 92780 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Pier and Washington Street Restroom Replacements (Contract No. 3367) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach r 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2001 State Wide Construction Management, Inc. 26012 Marguerite Parkway, H -130 Mission Viejo, CA 92692 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Pier and Washington Street Restroom Replacements (Contract No. 3367) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, // p Ufrr - �7, Nad & LaVonne M. Harkless, CMCIAAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2001 M. J. Contractor P. O. Box 3328 Long Beach, CA 90803 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Pier and Washington Street Restroom Replacements (Contract No. 3367) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, i LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2001 E & T Constructors 40 Atlantic Avenue Long Beach, CA 90802 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Pier and Washington Street Restroom Replacements (Contract No. 3367) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, d )4 .<1U&"' LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2001 Abeam Construction, Inc. 267 E. Badillo Street Covina, CA 91723 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Pier and Washington Street Restroom Replacements (Contract No. 3367) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, to i LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2001 AMD Construction Group, Inc. 1403 N. Batavia, Suite 101 Orange, CA 92867 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Pier and Washington Street Restroom Replacements (Contract No. 3367) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2001 Sandoval Construction 3220 Falcon Ridge Road Diamond Bar, CA 91765 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Pier and Washington Street Restroom Replacements (Contract No. 3367) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sinncce/r /ely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2001 2H Construction, Inc. 4101 Long Beach Blvd. Long Beach, CA 90807 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Pier and Washington Street Restroom Replacements (Contract No. 3367) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2001 HMI Construction Service 2001 '/2 N. Verdugo Road Glendale, CA 91208 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Pier and Washington Street Restroom Replacements (Contract No. 3367) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, A, ,, m /� LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach