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HomeMy WebLinkAboutC-3852 - Fire Training Tower at Station 7; design and constructionCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC April 8, 2008 Nielsen Building Systems, Inc. 4820 Six Mile Road Racine, WI 53402 Subject: Santa Ana Heights Fire Station Training Tower (C -3852) To Whom It May Concern: On February 26, 2008, 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 March 4, 2008, Reference No. 2008000099108. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is PRF8810171. Enclosed is the Labor & Materials Payment Bond. Sincer .917, („frlt i/ili,�� LaVonne Harkl C City Clerk cc: Public Works Department 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 :BOND NO. PRF8810171 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to NIELSEN BUILDING SYSTEMS, INC., hereinafter designated as the "Principal," a contract for construction of SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER, Contract No. 3852 in the City of Newport Beach, in strict corrformity, 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. 3852 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, idelity and Deposit Company of Maryland duly authorized to transact business under the lam 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 Eight Hundred Sixty -Three Thousand, Seven Hundred Seventy and 001100 Dollars ($863,710.00) 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 Principars subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used in, upon, for; or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26' The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be_ performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal an rely, on a day of 2007 NIELSEN BUILDING SYSTEMS, INC. (Principal) Authorized Signature/Title Fidelity and Deposit Company of Maryland Name of Surety 20935 Swenson Dr. Waukesha, Wi 53186 Address of Surety ffi .� -. . Authorized Agent RunnAi-h C- Ki11hArg Sr, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 State AMIG},Y�'AIIh Of _ Wisronain ss. County of Racine On this the 23rd day of January 2007 before me, DAY MONTH YEAH �TaLrt eT M I . . A r-+ k a the undersigned Notary Public, personally NOTARY appeared Bruce J. Nielsen, President, Nielsen Building Systems, Inc. P7 personally known to me, or O proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same for the purposes therein stated. WITNESS my hand and official seal. Al NOTARY U PUBUC NoiOF V4 0 State/FAm=m}k of Wisconsin County of Racine ss. On this the 23rd day of _ January 2007 , before me DAY MONTH YEAR Pamela S. Johnston the undersigned Notary Public, personally NOTARY appeared Kenneth G. KillbergL Jr. ® personally known to me, or ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same for the purposes therein stated. WITNESS my hand and official seal. (2a � �e %QNATUREOFNO14RYPU5LIC ) �y O-HE � i7 Yl �J �' %mil O. RE UIRED INFO %NATION (FRINTBD NAME OF NOTARY, ETC.) and Deposit • r 00 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder Illlllllllllllllllll{ IIIIIIIIIIIIIIIIIIIIIIIIIIINUIIII�lllllll {II NO FEE City Clerk 2008000099108 09:418m 03(04108 City of Newport Beach 112 254 N12 1 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nielsen Building Systems, Inc. of Racine, Wisconsin, as Contractor, entered into a Contract on January 19, 2007. Said Contract set forth certain improvements, as follows: Santa Ana Heights Fire Station Training Tower (C -3852) Work on said Contract was completed, and was found to be acceptable on February 26. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. VERIFICATION of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on F 6 ✓aa ✓�/ �7j aQo�' at Newport Beach, California. Lim IT if Of 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. MMC February 27, 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Sidewalk, Curb and Gutter Replacement (C -3866) Notice of Completion for Santa Ana Heights Fire Station Training Tower (C -3852) Notice of Completion for Irvine Avenue 24 -inch Water Main Replacement (C -3708) Please record the enclosed Notice of Completions and return them to the City Clerk's office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 www.city.newport- beach.ca.us CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 26, 2009 Nielsen Building Systems, Inc. 4820 Six Mile Road Racine, WI 53402 Subject: Santa Ana Heights Fire Station Training Tower (C -3852) To Whom It May Concern: On February 26, 2008, 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 April 8, 2008. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is PRF8818171. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 10, 365.00 being at the rate of $14.40 on the First 500, 00 of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to NIELSEN BUILDING SYSTEMS, INC., hereinafter designated as the "Principal ", a contract for construction of SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER, Contract No. 3852 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. 3852 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract: NOW, THEREFORE, we, the Principal, and Fi ael ; ty and Deposit Company of Mar 4and_ duty authorized to transact business under the laws of the State of Ca&Fomi 1 as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Eight Hundred SWT.hree Thousand, Seven Hundred Seventy and 001100 Dollars ($863,770.00) 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 Prindpars heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to. be kept and performed at the time and in the manner therein specified, and in all respects according to Its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers; employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 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 shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above n ed, on d day of January 07 S, NIELSEN BUILDI G SYSTEMS, INC. (Principal) Authorized Signatuurryrefrifle Fidelity and Deposit Company of Maryland A !r za44 Name of Surety Authorized Agent Signature 20935 Swenson Dr. Waukesha, Wi 53186 Address of Surety 800 - 631 -6074 Telephone Kenneth G. Killberg Jr. Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 State /Cx@AR3a&]'C'74 0i of Wi annns i n SS. County of Racine On this the 23rd day of January 2007 before me, DAY MONT13 YBAR ::Yct A t- CL the undersigned Notary Public, personally NOTARY appeared Bruce J. Nielsen, President, Nielsen Building Systems, Inc. NAME(S) OF SIGNER(S) El personally known to me, or ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same for the purposes therein stated. WITNESS my hand and official seal. IM d;A PU�L1G 4 :-OF WIS State /C1�MJMktk of Wisconsin County of Racine ss. On this the 23rd day of January 2007 before me, DAY MONTH YEAR Pamela 5. Johnston the undersigned Notary Public, personally NOTARY appeared Kenneth G. Killbera, Jr., Attorney —In —Fact, Fidelity and Deposit Company NAME(S) OF SIGNER(S) of Maryland IN personally known to me, or ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same for the purposes therein stated. WITNESS my hand and official seal. ?'� A� GNATUKE OF NOTA KY PUBLI ? In J{{- c,—C. Af1 r, OTHER REQUIRED INFORMATION (PR]NTED NAME OF NOTARY, ETC.) • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 February 26, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Jamie Pollard 949 - 6443335 orjpollard @city.newport- beach.ca.us SUBJECT: SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3852 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 1 year after Council acceptance. DISCUSSION: On January 23, 2007, the City Council authorized the award of a contract to Nielsen Building Systems, Inc. for the design and construction of a new training tower to built in concert with the construction of Santa Ana Heights Fire Station No. 7 (separate contract). Contract No. 3852 has been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $863,770 Actual amount of bid items constructed: 863,770 Total amount of change orders: 0 Final contract cost: $863,770 No Change Orders were processed for this project. The final overall construction cost $863,770, the original bid amount. • ante Ana Heights Fire Training Tower - Completion cceptance of Contract No. 3852 February 28, 2008 Page 2 Other Project Costs: • In addition to the primary design /construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Design /Construction $863,770.00 Construction Management 30,520.00 Geotechnical 17,846.65 Utilities and Fees 5,088.05 Incidentals 225.18 Total Project Cost $917,449.88 Environmental Review: This project is categorically exempt from the provisions of CEQA per Section 15332, Class 32, pertaining to urban infill development projects. Funding Availability: Funding for this project came from several sources: General Fund, Contributions Fund and Building Excise Tax. The contribution represents a training partnership agreement with Rancho Santiago Community College. Funds for the design /construction contract • were expended from the following accounts: Account Description Account Number Amount General Fund 7011- C2320715 $483,770 Contribution (Rancho Santiago CC) 7251- C2320715 $350,000 Building Excise Tax 7271- C2320715 $ 30,000 Total: $863,770 All work was completed on September 10, 2007, the scheduled completion date. Prepared by: Submitted b r: Pa" i ollard to Nen . Ba um P Finance and Administrative Manager Iii orks Director • 10 0 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 am on the 10th day of January, 2007, at which time such bids shall be opened and read for SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER Title of Project Contract No. 3852 $800,000 Engineer's Estimate Appr e d by Stephen G. Badum Pipblic Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE httr):/1wvvw.citv.nevvPort- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $25 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "B" Forfurther information, call Lloyd Dalton, Project Manager at (949) 644 -3328 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ....................................................... ..................... ................ SP -1 F ' • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). , 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 860071 Gen Bldcr. Contractor - B Contractor's License No. & Classification Nielsen Buildina Systems Inc. Bidde SL Authorized Signature/T�tla WAkc January 8, 2007 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWeR CONTRACT NO. 3852 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 TEM PERCENT (10%) of THE ATTACHED BID BOND - - - -- -Dollars ($ 10%------ - - - - }, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER, Contract No. 3852 in the City of Newport Beac), is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, Including the required bonds, and original insurance certificates and endorsements for the construction of the project within tNrty (30) calendar days after the date of the mailing of 'Notification of Award% otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall rat etonerate the Surety from obligations under this Bond. Witness our hands this 5TH day of JANUAN 12007- liz NETL2 N BUILDING SYSTEMS, INC. K Name of Contractor (Principal) Authorized Signaturerritle V r W _ P . FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�- Name of Surety Authorized Agent Signature P.O. BOX 1227 RATTTMORE MD 21201 Address of Surety 800 - 631 -6074 Telephone . XRNNFTH G. KILLBERG, JR.. ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 'd 119fi'�N SW3ISAS 9N[01100 0131N Wdzm 1004 1 'Uer 11111111111111 111111 111111111111111111111 11111111111111 111111111111111111111111111111111 11 11 11111111 1111111111111111111111111111111111111111111111111111111111111111111111111111 ,,.... ! • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and C. W. ROBBINS, Assistaffi Seadary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said C999krid fadh on the reverse side hereof and are hereby certified to be in full force and effect on the date herete, twistim and appoint Kenneth G. KILLBERG, JR., Pamela S. JOHNSTON, Jula rid GANTONNEAU and Lynn C. TORNER, all of Racine, Wis Attomey -in -Fact, to make, execute, seal and deliver, for, and on its b as ' Sy and all bids mud undertakings, and the execution of suc ° n se presents, shall be as b open said Company, as fully and amp: t een duly executed and acknowledged by the regularly elected o ° . re, Md., in their own proper persons. This power of attorney revokes that issued of RG, JR., Pamela S. JOHNSTON, Julane M. LAMBERTON, Raymond G. ANTONNEAU, =�J �= ed July 16, 1999. The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed tick names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of August, A.D. 2004. ATTEST: ' *e e[rQ4ji W .... s w INI �_ State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND C j"') P'a9 --ti In 0 '0r C. W. Robbins Assistant Secretary M. P. Hammond Vice President On this 2nd day of August, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and C. W. ROBBINS, Assistant Seadfary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 9 Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA -F 184 -5452 0 • EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaldng, recognizmces, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resobttion of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duty called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this S t h day of January . 2007 M""" e)' (' "- ' 0 Assistant Secretary 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of ft Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may requime, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELM AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile of rawbanicaUy reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this F +t, day of Vary , 2007 A kwat Secretary Best's Rating Center - Comparriflormation for Fidelity and Deposit C4any of Maryl... Page 1 of 1 Center hQutry, Research Ratings Din irdions F Search nest's Ratirps Press Relttsrses .Country f*A How to Get Rated Corsi an Analvst View Ratings: FJnanptat Strength Issuer Credit Securities Advanced.Search Fidelity and Deposit Company of Maryland (a member of Zurich Financial Semices Szrsup) A.M.Best #:0638] NAIC 11:39306 FEIN/t. 1330A85n Address: 1400 American Lane Phone: 847 -605 -6000 Schaumburg, IL 60196 -1056 Fax: 847 -605 -6011 Web: www.zurichna.com Best's Ratings Financial Strength Ratings Vanv Definitions Rating: A (Excellent) Affiliation Code: g (Group) Financial Size Category: XV ($2 billion or more) Outlook: Stable Action: Affirmed Effective Dale: December 20, 2006 * Denotes Under Review Best's Ratings Other Web Centers: F Aaeignad to canpanles Nat have. r our opinion, an excellerA eN6 y to meet Mir ongoing obligations b policyhomers Issuer Credit Ratings View Definition Long -Tenn: a+ Outlook: Stable Acton: Affirmed Date: December 20, 2006 Reports and News Visit our News Room for the latest news and Press releases for this company and its A.M. 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Best Company, Inc. All rights reserved. A.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S.A. littp:// www3 .ambest.com/ratings/FullProfile .asp ?B1= 0 &AMBNum= 387 &A1tSrc =1 &Alt... 01/16/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Delta Electric Electrical 2 Address: 2319 Eaton Lane Racine, WI 53404 Phone: 262 - 632 -5955 State License Number. Name: Concrete Foundation Sub contra for to be determined Address: once final foundation lans are designed. All other work performe in -ho se by Nielsen Building System Phone: State License Number. Name: Address: Phone: State License Number. Nielsen Building Systems Inc. Bidder Authorized Signature/Title 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name NIELSEN BUILDING SYSTEMS INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED' INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number YARS SMOKE HOUSE LIVE FIRE TRAINING FACILITY YOUNGSTOWN, OHIO AIR RESERVE STATION Project Description Fire Training Tower Approximate Construction Dates: From Dec 2on6 To: Tan _ gnn7 Agency Name Q.B.S. Inc . Contact Person Tim Rinehart Telephone (339 -821 -8801 Original Contract Amount $128 , OOOFinal Contract Amount $ 128 , 000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 0 No.2 CITY OF SOUTH SAN FRANCISCO Project Name /Number FS 61 TRAINING TOWER Project Description FIRE TRAINING TOWER Approximate Construction Dates: From April 2006 To: October 2006 Agency Name South San Francisco Fire Department Contact Person Bob Green Telephone (659- 829 -4311 Original Contract Amount $976 , 504Final Contract Amount $ 976,504.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No.3 COUNTY OF ONTARIO Project Name /Number FIRE TRAINING TOWER Project Description FIRE TRAINING TOWER Approximate Construction Dates: From April 2006 To: Auaust 2006 Agency Name Contact Person Ontario Public Works John Boeckmann Telephone (58�- 396 -4001 Original Contract Amount $241, 768Final Contract Amount $ 241,768-00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 4 Project Name /Number Project Description 0 Waterloo Fire and Rescue Fire Training Tower Erection 0 Approximate Construction Dates: From Nov. 2005 To: Feb 2006 Agency Name Waterloo Fire and Rescue Contact Person Chief Ned DeBera Telephone (310_291 -4119 Original Contract Amount $292 , 908Final Contract Amount $ 292,908-00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name /Number Sullivan County, New York Project Description Fire Training Tower Approximate Construction Dates: From Nov. 2005 To: January 2006 Agency Name Darlind Group Inc. Contact Person Frank Grange Telephone (84P- 227 -7662 Original Contract Amount $284 , 00(Final Contract Amount $ 284, 583.62 If final amount is different from original, please explain (change orders, extra work, etc.) Change order for extra work needed Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO E No. 6 Project Name /Number Fairfax Volunteer Fire Department Project Description Fire Training Tower Approximate Construction Dates: From July 2005 To: Oct. 2005 Agency Name Fairfax Volunteer Fire Department Contact Person Capt. Richard Miller Telephone ( 57)1- 238 -2524 Original Contract Amount $ 169 , 89Qinal Contract Amount $ 176,014.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change order for extra work Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financi tate ent and ther infon sufficiently comprehensive to permit an appraisal f the C ntracto current fir conditions. Nielsen Building Systems Inc. Bidder Authorized Signatur. itle 't�b�IkS k. Cof4j&.4p_00 10 A�sEn • Mum sysTErns 0 Thomas M. Johnson, Vice President of Nielsen Building Systems has been with the company since the inception, November 1983. He has been managing the fire training tower jobs since 1992. Before that he managed approximately 200 general construction jobs of various magnitudes ranging from $10,000 up to $3,000,000 contracts. As you will see by the attached reference list, Tom has several years of experience in the fire training tower industry. 4820 Six Mile Road • Racine, Wisconsin 53402 (262) 681 -0676 • FAX (262) 681 -1812 rttoniemn 0 BUILDING SYSTEMS 0 NIELSENBUILDING SYSTEMS REFERENCE LIST - FIRE FACILITIES, ING FIRE TRAINING TONER& TO WHOM IT MAY CONCERN: THIS IS A PARTIAL REFERENCE LIST OF THE "TURN KEY" FIRE TRAINING SIMULATOR BUILDING PROJECTS NIELSEN BUILDING SYSTEMS INC. HAS CONSTRUCTED SINCE 1992. OUR STAFF INCLUDES ARCHITECTS AND ENGINEERS, AS WE ARE CONTINUOUSLY ENGAGED IN THE "DESIGN - BUILD" PROCESS OF COMMERCIAL AND INDUSTRIAL BUILDING PROJECTS. OUR EXPERTISE INCLUDES BOTH GENERAL CONSTRUCTION AND STEEL ERECTION. ALL OF OUR FIRE TRAINING BUILDING PROJECTS WERE DESIGNED AND MANUFACTURED BY FIRE FACILITIES INC., SUN PRAMIE, WISCONSIN. NBS, INC IS A CERTIFIED / REGISTERED DEALER / ERECTOR OF FIRE FACILITIES, INC. WE WERE THE VERY FIRST, ORIGINAL FFI DEALER. NBS PAST PROJECTS - ALL SIMULATORS AUG. BY FIRE FACILITIES INC. JOB LOCATION CONTACT PERSON MFG. YEAR PHONE NO. MODEL NO. 1992 LAWRENCE, KANSAS FIRE FACILITIES BILL BRUBAKER WS-4 913 -841 -9400 1993 WATERLOO, IOWA FIRE FACILITIES DENNIS GENTZ, ENGR. WH4 319- 2914312 1993 METRO - WEST- BALDWIN, MO FIRE FACILITIES CHIEF JOE JOHNSON WH -5 314 -458 -2100 1994 GEORGIA POWER CO. FIRE FACILITIES PLANT HATCH - BAXLEY, GA WH -4 MR. CHARLIE MOORE HATCH NUCLEAR POWER PLANT 912- 367 -7857, EXT. 2622 1994 KEARNEY, NEBRASKA FIRE FACILITIES KEN TRACY, FIRE ADMIN. WS-4 308 -233 226 4820 Six Mile Road • Racine, Wisconsin 53402 (262) 681 -0676 • FAX (262) 681 -1812 0 0 1995 FOLEY, ALABAMA FIRE FACILITIES CHIEF JOE BOUZAN WH4 334 -943 -1545 1995 MESA, ARIZONA FIRE FACILITIES ARLENSOLOCHECK W114 FACILITIES MGMT. 602 - 731 -8232 1996 LIVINGSTON COUNTY, NY FIRE FACILITIES MR. KEVIN NIEDERMAIER WH3 -S DIRECTOR - LIVINGSTON COUNTY EMERGENCY MGMT SERVICES 716 - 243 -7160 1998 DECATUR, ALABAMA FIRE FACILITIES LT. CHARLES CHANEY WH4 TRAINING COORDINATOR DECATUR FIRE & RESCUE DEPT. 1- 205- 351 -77% 1998 BUFFALO GROVE, ILLINOIS FIRE FACILITIES JACK WEYRAUCH WH4 (CUSTOM) DEPT OF PUBLIC WORKS 1-847- 459 -2545 1999 ROSWELL, GEORGIA FIRE FACILITIES ROSWELL FIRE DEPARTMENT MDL WH-4 CHIEF NEAL BUTTERWORTH (CUSTOM) 38 HILL STREET, SUITE NO. 235 ROSWELL, GA 30075 770 -641 -3730 1999 HOCKING COLLEGE FIRE FACILITIES DR. ROY PALMER WESCO MDL WS4 3301 HOCKING PARKWAY CUSTOM NELSONVILLE, OHIO 45764 (740) 753- 3591 - EXT. 2107 1999 BEDFORD TOWNSHIP FIRE FACILITIES 8100 JACKMAN ROAD MDL FF -3 PO BOX H TEMPERENCE, MI 48182 -0507 800 - 359 -2783 4820 Six Mile Road • Racine, Wisconsin 53402 (262) 681 -0676 • FAX (262) 681 -1812 0 1999 SUMMIT FIRE AUTHORITY FIRE FACILITIES HIGH COUNTRY TRAINING CTR MD. FF -4 MR KEN BORT ALTA TIERRA DEVELOPMENT INC. PO BOX 876 720 GRANIT STREET SUITE NO. 301 FRISCO, CO 80443 970 -668 -5388 1999 CHIPPEWA VALLEY TECHNICAL FIRE FACILITIES COLLEGE MODEL WH -4 MARCY MAROHL CUSTOM FIRE TRAINING DIVISION EMERGENCY SERVICE EDUCATION CENTER 3623 CAMPUS ROAD EAU CLAIRE, WI 54701 715 -855 -7503 2000 GREEK, SOUTH CAROLINA FIRE FACILITIES CHIEF CHRIS HARVEY WESCO MDL. FF -4 GREER FIRE DEPARTMENT 103 WEST POINSETT STREET GREER, SOUTH CAROLINA 29650 (864) 848 -2166 2001 HALL COUNTY FIRE SERVICES FIRE FACILITIES CAPTAIN DAVID IUM BRELL MDL. WH4 731 EAST CRESCENT DRIVE CUSTOM GAINSVILLE, GA. 30501 (770) 531 -6838 2001 DANVILLE, VIRGINIA FIRE DEPT. FIRE FACILITIES City of Danvffle, Virginia MDL. WH -4 P. O. Bog 3300 — 427 Patton Street CUSTOM Danville, VA. 24543 (804) 799 -6528 2002 METRO WEST FIRE PROTECTION FIRE FACILITIES DISTRICT OF ST. LOUIS CUST. ADDITION P. O. Bog 310 Wildwood, Missouri 63040 (636) 458 -2100 4820 Six Mile Road • Racine, Wisconsin 53402 (262) 681 -0676 • FAX (262) 681 -1812 2002 KEESLER AIR FORCE BASE FIRE FACILITIES Ruth Nunn DEPUTY CHIEF Government Fire & Safety STD. MDL. FT-3 6004 — H Laketree Lane Tampa, FL. 33617 (813) 984 -6835 2002 COLUMBUS AIR FORCE BASE FIRE FACILITIES Ruth Nunn DEPUTY CHIEF Government Fire & Safety STD. MDL. FF -3 6004 — H Laketree Lane Tampa, FL. 33617 (813) 984 -6835 2003 PANAMA CITY FIRE DEPARTMENT FIRE FACILITIES Lt. Duane Givens BATTALION Training Academy CHIEF 600 East Business Hwy. 98 WH -2 Panama City, FL 32401 (850) 872 -3052 2003 GLASTONBURY FIRE DEPARTMENT FIRE FACILITIES Mr. Mike Thum ASSIST. FIRE 2825 Main street CHIEF Glastonbury, CT. 06033 MODEL FF -4 (860) 692 -1695 2003 ASHLAND FIRE DEPARTMENTFH2E FACILITIES Mr. Tony Baer LIEUTENANT 1021Carter Ave. MODEL WH -3S Ashland, KY 41101 (606) 327 -2035 2004 MERIDIAN FIRE DEPARTMENT FIRE FACILITIES Mr. David Sharp FIRE CHIEF 1180 Sandflat Road MODEL WH -4 Meridian, MS 39301 CUSTOM (601) 917 -4483 2004 GRAFTON FIRE DEPT. RETRO -FIT Grafton, Wisconsin Michael Meyer (262) 375 -1094 4820 Six Mile Road • Racine, Wisconsin 53402 (262) 681 -0676 • FAX (262) 681 -1812 0 0 2004 ARLINGTON HEIGHTS FIRE DEPT. RETRO -Frr Arlington Heights, IL. Deputy Chief Ericson (847) 368 -5457 2004 HENRY COUNTY PUBLIC SAFETY FIRE FACILITIES 1024 Dupont Road FIRE CHIEF Martinsville, VA 24112 MODEL WH -4 Mr. Steve Eanes — Director (276) 6344662 2004 CEDAR PARK, TEXAS FIRE DEPT FIRE FACILITIES 911 QUEST PARKWAY FIRE CHIEF CEDAR PARK, TEXAS 78613 MODEL WH -5 JAMES MALLINGER, ASSIST. CHIEF (512) 260 -5470 2004 FARGO AIR NATIONAL GUARD FIRE FACILITIES SMITHCO -GEN. CONTRACTOR WESCO MODEL 250113TH AVE/SOUTH WEST WS-3 FARGO, ND 58103 CUSTOM DAN SMITH, PRESIDENT (701) 293 -0354 2005 HALL COUNTY FIRE SERVICES FIRE FACILITIES 731 EAST CRESCENT DRIVE FUZE CHIEF GAINESVILLE, GA 30501 BURN ROOM ANDY BUFFINGTON RETROFIT (770) 531 -6838 2005 CITY OF COLTON, CA FIRE FACILITIES FIRE DEPARTMENT WESCO MODEL HORIZONS CCI SERVICES WH -3S GENERAL CONTRACTOR CUSTOM 2111 W. CRESCENT AVE., SUITE G ANAHEIM, CA 92801 (714) 563 -1600 2005 FAIRFAX, VA FIRE DEPT. FIRE FACILITIES 4081 UNIVESITY DRIVE WESCO MODEL SUITE 400 FF4 - CUSTOM FAIRFAX, VA 22030 CAPTAIN RICHARD MILLER 571 - 238 -2524 4820 Six Mile Road • Racine, Wisconsin 53402 (262) 681 -0676 • FAX (262) 681 -1812 0 2005 WHITEFISH FIRE SERVICE AREA FIRE FACILITIES BOARD OF TRUSTEES WESCO MODEL P. O. BOX 1311 WH -3S CUSTOM WHITEFISH, MONTANA 59937 MR. DUD MAHLER 406 -862 -9785 2005 MUHLENBERG COUNTY FIRE FACILITIES FIRE DEPARTMENT WESCO MODEL 207 N. 2n' STREET W11-3S CUSTOM CENTRAL CITY, KY 42330 CHIEF RICKY KING 270 - 754 -2345 2005 SULLIVAN COUNTY, NY FIRE FACILITIES DARLIND CONSTRUCTION WESCO MODEL GENERAL CONTRACTOR FT-3 DEP. CHIEF 1540 ROUTE 55 LaGRANGEVILLE, NY 12540 FRANK GRANGE 845 - 223 -3721 BERNIE KOZYKOWSKI DEPT. PUBLIC WORKS, HEAD 845- 794 -3000 2005 RENSSLAER COUNTY, NY FIRE FACILITIES 124 BLOOMINGROVE DRIVE CONC. TOWER TROY, NY COMPLETE MR. DAVID O. KELLY WESTEC COUNTY ENGINEER RETRO -FIT !x%817 2005 WATERLOO IOWA FIRE & RES. FIRE FACILITIES 425 EAST THIRD STREET WESCO MODEL WATERLOO, IOWA 50703 W11-2 CUSTOM FIRE CHIEF NED DeBERG 3I94914459,� 2006 ONTARIO COUNTY N.Y. FIRE FACILITIES JOHN BOECKMANN WESCO MODEL PURCHASING AGENT WH -3S 2962 COUNTY ROAD #48 W /O ANNEX CANANDAIGUA, NEW YORK 14424 iW5.3%.40W 4820 Six Mile Road • Racine, Wisconsin 53402 (262) 681 -0676 • FAX (262) 681 -1812 0 2006 S. SAN FRANCISCO, CA BAT. CHIEF BOB GREEN SSFFD STATION #61 480 N. CANAL STREET S. SAN FRANCISCO, CA 94080 6>'I9829 dill ' P FIRE FACILITIES WESCO MODEL WT -4 AS LISTED AND EVIDENCE OF THE AFOREMENTIONED FIRE TRAINING SIMULATOR TYPE STRUCTURES, I HEREBY CERTIFY THAT N.B.S. INC. HAS BEEN SUPPLYING AND ERECTING THESE TYPE STRUCTURES TO THE FIRE SERVICE INDUSTRY SINCE 1989. THE NIELSENS HAVE BEEN IN THE STEEL ERECTING AND GENERAL CONTRACTING BUSINESS FOR THE LAST 30 YEARS AND HAVE BEEN IN THE STRUCTURAL STEEL BUSINESS SINCE THE EARLY 19001S. THOMAS M. JOHNSON, VICE PRESIDENT 4820 Six Mile Road Racine, Wisconsin 53402 (262) 681 -0676 FAX (262) 681 -1812 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ) Thomas M. Johnson being first duly sworn, deposes and says that he or she is Vi ra Prasi Rant of Ni a1 can Rt dy _ $ystems , 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^`c—tu-atV a collusive o am bi . I declare under penalty of perjury of the laws of he State of California tat the forego! g is true and correct. Nielsen Building Systems Inc. Bidder Authorized Signaturd/Title i OM AS K• i YttP-�- rGe,t9e+7T Subscribed and sworn to (or affirmed) before me on this 8 � day of � a w u a try 2007 by T kC, wl a S &.. SaU1u SO K,, , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ssoieee1se8 Vl - ?p�L� t' B•'•. •' Nota Public [SEAL] -s.. g .a? Puri c ;` My Commission Expires: Or V410J ...•`" 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 DESIGNATION OF SURETIES Provide the names, addresses, and phone numbers for all brokers and sureties from . whom Bidder intends to procure insurance and bonds (list by insurance/bond type): DAVID INSURANCE AGENCY, INC., 1300 SO. GREEN BAY RD., RACINE, WI 53406, 262- 636 -1860 PIDET -Tmv, AND DRPOSTT CQMPANY OF MARYLAND, .P.O. BOX 1227, BALTIMORE, MD 21203 800 - 631 -6074 12 dl 'd IL96'ON SAIISAS 9N101ln8 N3S131N N09:t coon 1 'Uer i.... ..,.i.,.. II1111,���,���......1, 111111, 111111, 1111......,II1,1......1,111,... 1.111.11,6 III„111111,111... ,.1 ..............1,. ��,���,���, . ..,Il,l,lll..........l„........ 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Nielsen Building Systems Inc. Record Last Five (5) Full Years Current Year of Record Ilion The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2006 2005 2004 2003 2002 Total 2007 No. of contracts 1 52 71 58 66 77 325 Total dollar Amount of Contracts (in Thousands'of$ ) 8,230 5.3 mi 6 mil 4.2 mil 4.7 mil 1 mi 21.2 m' No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job or termination of employment Ilion The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 0 Legal Business Name of Bidder Nielsen Building Systems Inc. Business Address: 4820 Six Mile Road Business Tel. No.: 262 - 681 -0676 State Contractor's License No. and 660071 Classification: General Bldg. Contractor - B Title The above information was compiled from the records that are available to me at this time and I declare u r pe alty of perjury t information is true and accurate within the limitations f those r cords. Signature of bidder "t Date January 8, 2007 Title Vice President Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its -Board of Directors. —� Subscribed and swo n to before me on thisa ��jj +kday of �Ja 1icW 2007 byT6 M '% R, A.i t -O K, , personally known to me or proved to�an�ton the basis of satisfactory evidenc to be the p) a� red before me. ' H o� Not y Public NOTARY My Commission Expires PUBLIC 9 Ii,�y�OF ...SG�a Jam' 14 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 ACKNOWLEDGEMENT OF ADDENDA Bidders name Nielsen Building Systems Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: N 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Nielsen Building Systems Inc. Business Address: 4820 Six Mile Road, Racine, WI 53402 Telephone and Fax Number: 262- 681 -0676 262 -681 -1812 California State Contractor's License No. and Class: 860071 Gen Bldg. Contr. - B (REQUIRED AT TIME OF AWARD) Original Date Issued: 6/7/05 Expiration Date: 6/30/07 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Bruce Nielsen Pres 4820 Six Mile Road 262- 681 -0676 Dale Nielsen Vice Pres 4820 Six Mile Road 262- 681 -0676 J cutms Nfelsmi vtce Pres 4820 Six IvItTe Road 262-081-06 16 Thomas M. Johnson Vice Pres. 4820 Six Mile Road 262- 681 -0676 Corporation organized under the laws of the State of WISCONSIN if 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; None Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. No Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e, failure to pay prevailing wage, falsifying certified payrolls, etc.)/ No Are any claims or actions unresolved or outstanding? Ycm/ No 17 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Nielsen Building Systems Inc Bidder Thomas M. Johnson (Print na of Owner or Pres' Of Corp ratio ICompan ) Authorized Signature/Title Vice President Title January 8, 2007 Date Subscribed and sworn to (or affirmed) r(before me on this 4JA, day of �Q u GL!2�:4 , 2007 by -V10 VA 0. 1150 LA_ , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. �esuue��e � Wt Og No4y Public N07Ai� °l ? r My Commission Expires: op ***.Pp ....Sa'o�`,: m i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 CONTRACT THIS AGREEMENT, entered into this j =Ly of 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and NIELSEN BUILDING SYSTEMS, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER Project Description as described in the Contract Documents. Contract No. 3852 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. 3852, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 0 0 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 Eight Hundred Sixty-Three Thousand, Seven Hundred Seventy and 001100 Dollars ($863,770.00). 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 Nielsen Building Systems, Inc. 4820 Six Mile Road Racine, WI 53402 262- 681 -0676 262- 681 -1812 Fax 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 original certificates of insurance and with original endorsements effecting coverage required by this Contract. The 21 0 0 certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $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. 22 0 0 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. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages L City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. 23 0 0 c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. With regard to design services and to the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the 'Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses 24 (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Contractor or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. With regard to all other all other work pursuant to this project, Contractor shall indemnify, hold harmless, and defend the Indemnified Parties 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 Indemnified Parties from the active negligence or willful misconduct of City, its officers or employees. 5. 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. 6. 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. 7. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 25 0 0 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. CITY OF NEWPORT BEACH APPROVED AS TO FORM: o"^— c. C'1. AARON C. HARP Assistant City Attorney 25 NIELSEN BUIL T By (Corporate Officer) Title: President Print Name: Bruce Nielsen By: Q GL (Financial Officer) Title: Vice President Print Name: Dale Nielsen 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 }BOND NO, PRF88 o 71 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to NIELSEN BUILDING SYSTEMS, INC., hereinafter designated as the "Principal," a contract for construction of SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER, Contract No. 3852 in the City of Newport Beach, in strict conformity with the piansi 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. 3852 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, Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "SureV) are held firmly bound unto the City of Newport Beach, in the sum of Eight Hundred Sbdy- -Three Thousand, Seven Hundred Seventy and 001100 Dollars ($883,TT0,00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld . and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26' The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be_ performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond. as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal an rety, on a day of , 2007 NIELSEN BUILDING SYSTEMS, INC. (Principal) Authorized Signature/Title Fidelity and Deposit Company of Maryland Name of Surety 20935 Swenson Dr. Waukesha, Wi 53186 Address of Surety Agent Signature Kcnncfh a- Ki11horg jr, A1- tnrney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ON 0 State /G ROMUHe l4-iof Wisrnnnin ss. County of Racine On this the 23rd day of January 2007 before me, DAY MONTH YEAR Tan e+ %' 1 A r+ k q the undersigned Notary Public, personally NOTARY appeared .Bruce J. Nielsen, President, Nielsen Building Systems, Inc. NAME(S)OF SIGNER(S) M personally known to me, or ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same for the purposes therein stated. WITNESS my hand and official seal, State / i}ziMR,§mk i of Wisconsin ss. County of Racine On this the 23rd day of January 2007 ' , before me, DAY MONTH YEAR Pamela S. Johnston the undersigned Notary Public, personally NOTARY appeared Kenneth d. Killberg, Jr. Attorney -In -Fact, Fidelity and Deposit Company NAME(s )OF SIGNER(5> of Maryland IN personally known to me, or ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same for the purposes therein stated. WITNESS my hand and official seal. u'NATURE OF NOTARY PUBLIC OT, - REQUIRED AIPORMATION (PRINTED AME OF NOTARY, ETC.) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3859 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 10, 365.00 being at the rate of $14.40 On the First $ 500,000 _ thousand of the WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to NIELSEN BUILDING SYSTEMS, INC., hereinafter designated as the "Principal", a contract for construction of SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER, Contract No. 3852 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. 3852 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Fi Aal i r�z and Deposit company of taaar;d 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 Eight Hundred Sixty -Three Thousand, Seven Hundred Seventy and 001100 Dollars ($863,770.00) 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 Principars heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to Its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers; employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 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 shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument Surety above n ad, on rd day of Januai NIELSEN B ILDI G SYSTEMS, INC. (Principal) 7idplity and Deposit Company of Maryland Name of Surety 20935 Swenson Dr. Waukesha, Wi 53186 Address of Surety 800 - 631 -6074 Telephone has been duly executed by the Principal and Z,,,247 O S, Authorized Signatureffltle A _ 2 Authorized Agent Signature Kenneth G. Killberg Jr. Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 State/QoARwAvAeAqiof W i scnnsd n ss. County of gacine On this the 23rd day of January 2607 before me, DAY 1 I MONTH YEAR Sn N\ . r T IC O the undersigned Notary Public, personally NOTARY appeared Bruce J. Nielsen, President, Nielsen Building Systems, Inc. NAME(S) OF SIGNER(S) El personally known to me, or ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same for the purposes therein stated. WITNESS my hand and official seal. M. PUBUG .......... ss,_OF W1S State/Q@99)Wxm,WAkk of Wisconsin ss. County of Racine On this the 23rd day of January 2007 before me DAY MONTH YEAR Pamela S. Johnston the undersigned Notary Public, personally NOTARY appeared Kenneth G. Killberg, Jr., Attorney —In —Fact, Fidelity and Deposit Company NAME(S) OF SIGNER($) of Maryland ® personally known to me, or ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same for the purposes therein stated. WITNESS my hand and official seal. 50GNATURE OF NOTARY PUBLII 1 vpo 1/0 5 V hn46r OTHER REQUIRED INFORMATION (PRINTED NAME OF NOTARY, ETC.) License Detail • . Pagel oft License Detail CALIFORNIA CONT CTORS STATE LICEN Contractor License # 860071 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 01/16/2007 * * * Business Information * * * NIELSEN BUILDING SYSTEMS INC 4820 SIX MILE ROAD RACINE, WI 53402 Business Phone Number: (262) 681 -0676 Entity: Corporation Issue Date: 06/07/2005 Expire Date: 06/30/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description © GENERAL BUILDING CONTRACTOR]] * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6341709 in the arr $12,500 with the bonding company http:// www2. cslb. ca. gov/ CSLB_LIBRARY /License+Detaii.asp 01/16/2007 License Detail • • Page 2 of 2 SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractor's. Bondiog History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) THC JOHNSON certified that he/she owns 10 percent or more of the voting stock/equity of corporation. A bond of qualifying individual is not required. Effective Date: 06/07/2005 * * * Workers Compensation Information * * * This license has no California employees. Any employees they have are covered by out c insurance. Effective Date: 01/01/2004 Expire Date: None Personnel List License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request ® 2006 State of California. Conditions of Use Privacy Policy http:// www2. c.slb. ca. gov/ CSLB_LIBRARY/License+Detail.asp 01/16/2007 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3852 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Shop Drawings Seven Thousand Eight Hundred @ Dollars and on Cents $ 7,800.00 Per Lump Sum 2. Lump Sum Utility Connections, Plumbing and Electrical Forty Five Thousand Seven Hundred Forty One @ Dollars and 00 Cents $ 45,741.00 Per Lump Sum 3. Lump Sum Foundations Eighty Thousand Eight Hundred Thirty Seven @ Dollars 00 C and nts $ 80,837.00 Per Lump Sum • • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Training Tower and Adjacent Paving Seven Hundred Eight Thousand Two Hundred Twenty Two @ Dollars and 00 Cents $ 708,222.00 Per Lump Sum 5. Lump Sum Training Apparatus and Warranties @ a. no Dollars and (Included) Cents $ 0.00 Per Lump Sum (Included in Training Tower price #4 above, as no Addendum was issued to break out this amount) TOTAL PRICE (WORDS) Eight Hundred Forty Two Thousand Six Hundred Dollars and 00 Cents $ 842,600.00 TOTAL PRICE (FIGURES) NOTE: IF PROJECT IS NOT TAX EXEMPT, ADD CA SALES TAX IN THE AMOUNT OF $21,170.00 January 8, 2007 Date 262- 681 -0676 262- 681 -1812 Bidder's Telephone and Fax Numbers NIELSEN BUILDING SYSTEUS INC. Bidde Bidder's Authorized Signature and Title 860071 General Bldg. Contractor -B 4820 Six Mile Road, Racine, WI 53402 Bidder's License No(s). Bidder's Address and Classification(s) Within twenty four (24) hours after bids are opened, the low bidder shall submit to the Engineer a "Schedule of Values" for each Lump Sum construction item included in this proposal: The Engineer will use said Schedule to calculate monthly progress payments during the term of construction and to pay for actual units of completed work. 0 0 1 1 1 2 3 3 3 3 2 4 4 4 4 4 4 4 4 4 5 5 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5 SHOP DRAWINGS AND SUBMITTALS 2 -5.3 General 2 -6 WORK TO BE DONE 2 -7 SUBSURFACE DATA SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -7 SERVICE CONNECTIONS 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 1 1 1 2 3 3 3 3 2 4 4 4 4 4 4 4 4 4 5 5 0 0 6 -7.2 Working Days 5 6 -7.4 Working Hours 5 6 -8 COMPLETION, ACCEPTANCE AND WARRANTY 5 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -5 PERMITS 6 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 7 7 -8.5 Temporary Light, Power and Water 7 7 -8.6 Water Pollution Control 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10 -4 Public Safety 7 7- 10 -4.1 Safety Orders 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 PART 1 —REFERENCES 8 PART 2 — DESCRIPTION 9 PART 3 — EXECUTION 19 Last saved by mloceyl2107 /2006 11:09 AM f. \users\pbw\shared\conbacts\fy 06- 07\santa ana heights fire station training tower c- 3852\specs index c-3852.doc n • SP 1 OF 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER CONTRACT NO. 3852 INTRODUCTION All work necessary for the completion of this contract shall be performed in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B- 5198 -S); (3) the City's Construction, (2004 edition); (4) the Standard Specifications for Public Works Construction (2003 edition, including supplements); and (5) the Newport Beach Municipal Code. Copies of the Design Criteria, Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, (714) 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -5 SHOP DRAWINGS AND SUBMITTALS 2 -5.3 General. Change the first paragraph to read, "Shop drawings and submittals, including duplicate samples showing available color range, shall be prepared and provided to the Engineer at the Contractor's sole expense." • • SIP 2OF20 2 -6 WORK TO BE DONE. Add to this section: "This is a design -build contract. The work necessary for the completion of this contract includes designing a prefabricated steel fire training tower as specified herein; preparing and submitting plans, specifications, and substantiating calculations for said training tower and its foundation, electrical, mechanical and plumbing (EMP) components to the City of Newport Beach's Building Department for plan check and approval; obtaining building and EMP permits; coordinating tower construction with the general contractor of the fire station; installing utilities; constructing the training tower, its foundations, EMP components and surrounding flatwork; and providing training apparatus and warranties for Santa Ana Heights Fire Station, located at 20401 Acacia Street in the City of Newport Beach. The training tower shall conform in general to the dimensions and details shown on the plans and these special provisions. Minor variations will be permitted in these dimensions, details and provisions so that various prefabricated steel training tower systems may be offered for bid, provided that the Contractor's shop drawing submittals prove to the Engineer that such minor variations will result in a training tower product that equals or exceeds the strength, value and durability of that specified herein. The training tower will be an unoccupied, non - assembly building that shall be designed and constructed in accordance with the structural and nonstructural requirements of the 2001 California Building Code (CBC) for the specified site. Architectural features such as doorways, windows, stairways, guardrails, etc., shall comply with the CBC except as otherwise detailed on the plans or specified herein. Provisions for lighting, ventilation, sanitation, exiting, and disabled access need not comply with the CBC. The training tower shall include the following features: 1. All steel, non - combustible construction on reinforced concrete footings. 2. Decks, floors and roof areas designed for a 100 psf live load. 3. Field erection using bolted connections. 4. Framing, connections hot dipped galvanized. 5. Floor panels with slip - resistant, concrete filled surface. 6. Wall panels provided with two -coat, baked -on paint system on both sides. 7. Roof panels with caulked side laps and contoured closures. 8. Wall, floor and roof panels of 18 -gauge or heavier galvanized steel. 9. Stairs fabricated from factory- welded stringers and bar grate treads with a factory baked -on primer finish. 10. Doors equipped with adjustable spring closers. 11. Doors and window shutters of dual side 18 -gauge or heavier galvanized steel with welded channel reinforcements, slide bolt locks, hold open clips, and 14- gauge or heavier hinge reinforcement bars. 12. Insulation system fated for burn room temperatures to 1850 °F. 13. Continuous read -out temperature monitoring system with thermocouples installed in each bum room and a digital pyrometer mounted outside. 14. Forcible -entry training device installed in one of the doors. • • SP3OF20 The training tower shall be the design of a manufacturer regularly engaged in the fabrication of pre- engineered structures that conform to the recommendations of the Metal Building Manufacturers Association (MBMA) manual. The manufacturer shall provide evidence of at least ten years experience in manufacture of building systems and shall be a member of MBMA. Upon completion of work, the Contractor shall provide the certificate of occupancy to the Engineer and the tower shall be fully ready to commence training fire personnel." 2 -7 SUBSURFACE DATA. Add to this section: "A soils report titled Geotechnical Investigation: Proposed Fire Station No. 7 and Training Facility, North Corner of Mesa Drive and Acacia Street: Newport Beach, California has been prepared for the site by Geotechnical Professionals Inc. (GPI). A rough grade compaction report has also been prepared for the fire station construction by GPI. A copy of each report is available for bidders' review at the Public Works Department and will be provided gratis to the Contractor for design of the tower and its foundations. The Contractor shall, as a portion of his services, retain the services of a competent geotechnical engineering firm to observe, test, document and report upon subsoil conditions of the training tower as required by the Building Department." SECTION 3 --- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 0 • SP4OF20 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 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "Upon completion of the work, the Contractor shall remove all USA utility markings." 5 -7 SERVICE CONNECTIONS. The Contractor shall connect under or through tower foundations to Irvine Ranch Water District water, Southern California Edison, Gas Company and City communication conduits at locations shown on the Plans. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7 shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit the schedule of work to the Engineer for approval at least five working days prior to commencing any work. Said schedule shall be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until 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 • • SP5OF20 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." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under this contract within 160 consecutive working days after the date on the Notice to Proceed with Shop Drawings. In addition, the Contractor shall complete all onsite construction and provide a certificate of occupancy to the Engineer during 40 consecutive working days within the 160 consecutive working day period specified for completion of all work. The intent of the City of Newport Beach is to complete all work under this contract on a date no later than the August of 2007 date that the fire station construction contractor's work is scheduled for completion. 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 151 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, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31st (New Year's Eve — half day). 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. Working hours are limited to 7:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special approval from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday. 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 $123.90 per hour when such time periods are approved. 6 -8 COMPLETION, ACCEPTANCE, AND WARRANTY. Add to the third paragraph, "In addition, tower panels shall be warranted by the manufacturer's standard twenty -year finish and no- perforation warranties." 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the • • SP6OF20 Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1500 per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of diligently coordinating work with the fire station general contractor and prosecuting work on the training tower in an orderly, preplanned, continuous sequence so as to minimize delay or inconvenience to the fire station general contractor or delay in completion and use of the training tower by the Fire Department." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Replace this section with: "The Contractor shall, as a portion of his design - construct contract services, prepare and submit plans, specifications and substantiating calculations for the training tower, its foundations and EMP components to the City of Newport Beach's Building Department to the City of Newport Beach Building Department for plan check and permit issuance. The plans shall be drawn on standard 24 -inch by 36 -inch sheets that will be furnished gratis by the Engineer. Said submittals shall bear the seal of a registered professional engineer that is licensed by the State of California to prepare such work. The Contractor shall then obtain no -fee building and EMP permits issued by the Building Department. The permits shall provide for constructing foundations and all components of the pre- engineered, shop- fabricated training tower that are specified in Section 2 -6 herein. The Contractor shall include all costs for engineering and constructing the training tower, its footings and EMP work in his proposal. The Engineer will provide gratis copies of the soils report, the rough grade compaction report, and the City's construction plans for the fire station to the Contractor. Building Department plan check and construction inspection fees will be waived. At the completion of work, the Contractor shall prepare "as- built" plans for the training tower and its foundations and furnish a set of mylar "as- built" plans to the Engineer." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "The site has been graded and paved, utilities have been stubbed up to the training tower pad, and the fire station construction contractor's work is scheduled for completion during August of 2007. The Contractor shall provide the Engineer at least seven calendar days advance notice of the day when the training tower work will commence onsite. The Contractor and the Engineer will work with the fire station general contractor to obtain adequate access, 0 • SP7OF20 work space and storage areas for the Contractor's use. Vehicles will be parked on adjacent City streets." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "The Contractor shall make arrangements for power and water use during construction and will be solely responsible to pay for such use. This includes providing for power and water use until the Building Department grants occupancy for the training tower." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook, which is published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "The Contractor shall obtain areas for storing equipment and materials. Construction materials and equipment may be stored in streets or sidewalk areas if approved in advance by the Engineer. Prior to move -in, the Contractor shall take photos of storage areas, and upon completion of work shall restore the areas to their preconstruction conditions." 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 construction site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 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 issued by the State of California. At the start of work and until completion of work, the Contractor and each subcontractor shall possess Business Licenses issued by the City of Newport Beach. • • SP8OF20 7 -16 CONTRACTOR'S RECORDSlAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed to the Engineer each time a progress payment is requested. 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 bond. 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 lump sum bid price shall include full compensation for furnishing labor, materials, tools, and equipment and doing all the work to complete the work in place, and no other compensation will be allowed therefor. Payment for geotechnical engineering services required during construction shall be included in the lump sum bid price for foundations. PREFABRICATED STEEL TRAINING TOWER SPECIFICATIONS PART 1 - REFERENCES American Iron and Steel Institute (AISI) Publication: "Specification for the Design of Cold- Formed Steel Structural Members." American Institute of Steel Construction: "Manual of Steel Construction ", Allowable Stress Design. American Society for Testing and Materials Publications: ASTM A -36 "Standard Specification for carbon Structural Steel' ASTM A -653 "Standard Specification for Steel Sheet, Zinc - Coated (Galvanized) or Zinc -Iron Alloy- Coated (Galvannealed) by the Hot -Dip Process" ASTM A924 "Standard Specification for General Requirements for Steel Sheet, Metallic- Coated by the Hot -Dip Process" 0 2.1 PURPOSE: PART 2- DESCRIPTION • SP9OF20 This structure will be used to provide training for fire fighters and leaders in controlled environments which simulate actual conditions. 2.2 GENERAL: The tower shall utilize a structural steel frame system and curtain wall design. The curtain wall /exterior wall panel design shall produce an ideal buffer or protection between the main structural frame and exterior elements so that if an exterior wall panel is damaged no structural damage is likely to occur. The wall panel system shall also create a flat surface ideal for ladder or rappelling anywhere on the tower to simulate actual conditions. 2.3 STRUCTURAL INTEGRITY: The wind, deck and the roof loads stated herein represent the standard design criteria. Increased loadings as required by the 2001 California Building Code (CBC), if any, shall be included in the design. The primary structural system shall utilize hot - rolled structural steel column and beam frames sized to meet and exceed the required loads. The secondary structural system shall meet and exceed the required loads while maintaining a maximum deflection of 1-1240. 2.4 CODE COMPLIANCE: The training simulator's structural and seismic design shall be in accordance with CBC and City of Newport Beach building code provisions. The stairway design, the means of egress, fire wall requirements as well as other construction issues shall satisfy the criteria intended for occupancy. The simulator shall meet all applicable NFPA and OSHA standards. 2.5 MATERIALS: Materials shall be new and shall conform to ASTM specifications. Materials 10 gage or less in thickness, whether exposed or not to the elements, shall be hot dipped galvanized. When galvanizing is specified, the material shall be hot dipped galvanized. Any exposed material which is not galvanized shall be given one coat of shop paint. 2.6 FASTENERS: All fasteners utilized with galvanized steel panels not exposed to the elements shall be electro- galvanized. All exterior fasteners shall be furnished with a contained EPDM washer under the head for sealing. Structural columns and beams shall be field bolted • • SP 10 OF 20 with (A325) 518" diameter electro- galvanized bolts or larger. Anchor bolts shall be unpainted and of the size specified on the anchor bolt plan. 2.7 WEATHER SEALING: All joints in weather tight areas shall be sealed with tape caulk or foam closures as specified on the plans. 2.8 ROOF SYSTEMS: Roofs shall be decked with 30" or 36" wide, 18 gage unpainted galvanized 18 gage steel deck per ASTM A -653, class G60 with recessed fasteners and shall meet the stated design load. Panels shall have cell spacing 6" on center with nominal 4'/4" wide flats and 1 %" wide recesses at 1'/2" maximum depth. Panels shall be roll formed. Bar grating roof systems and interior supporting trusses are prohibited. 2.9 EXTERIOR WALL SYSTEM: Wall panel /curtain wall system shall provide for a concentrated rappelling /ladder load of 890 pounds while the primary structural frame supporting this wall system shall provide for a concentrated point load of 2300 pounds. Rake trims, parapet rake trims, and window opening sill trim corners shall be beveled to prevent rope chafing, personal injury, or equipment damage. 2.10 WALL PANELS: The exterior wall panels shall be flat to allow for safe laddering and rappelling anywhere on the simulator without the requirement of additional exterior surface plates to form a flat surface. Vertically ribbed exterior wall panels are prohibited. Exterior wall panels shall be of 18 gage hot dipped galvanized steel per ASTM A -924, class G -90. Panels shall have nominal 4 %" flats and 1 1/8" wide recesses and shall be set in the horizontal plane. Panel sealants are not required to make the structure weather tight. Panels shall be brake - formed to a maximum 1/8" inside radius. End joints of panels shall be backed by a splice panel which extends 12" minimum on both sides of the joint (24" total). Painted wall panels shall be manufactured from coil coated steel meeting ASTM A 924, G -90 hot dipped galvanized and painted with a two coat paint system on both sides of the panel. The base coat shall be minimum 0.2 mil baked on polyurethane primer. The top coat shall be minimum 0.7 mil silicon polyester on the face side and minimum 0.5 mil polyester on the unexposed surface, and shall be baked on. Finished surfaces shall have a light wax coating applied after baked on painting. 2.11 SECONDARY WALL FRAMING: Wall framing shall be of conventional steel stud construction. Studs are to run vertically to represent common stud construction and be spaced at no more than 24 inches on center. Stud size and gage shall be determined by design requirements, and shall • • SP 11 OF 20 accommodate all design criteria stated in other sections of this specification. Rough openings shall be framed in the conventional manner and provide fastening surfaces for interior and exterior finishes and trims as provided with the building system. 2.12 SECONDARY ROOF FRAMING: Roof framing shall be of conventional steel joist construction. Joists shall be spaced at no more than 24 inches on center and shall have a maximum span length of 14 ft. Rough openings shall be framed in the conventional manner and provide fastening surfaces for all floor and roof decks as provided with the building system. 2.13 WINDOW & DOOR LOCATIONS: Window and door locations are indicated on the plans. Openings shall be located and field cut according to the Engineer's approved shop drawings. 2.14 WINDOW SHUTTERS: Window openings shall be provided with a swinging shutter of the proper size for the opening. Framed opening studs /jambs shall be 16 gage galvanized steel. Shutters shall be made with double skins of 18 gage galvanized steel per ASTM A -924. Shutters shall be provided as a 1 -318" thick factory welded hollow metal assembly with a minimum of 3 vertical interior hat channel stiffeners and a 14 gage hinge reinforcement. A hollow metal welded assembly shall be used to prevent premature temperature warping that occurs on single panel /sheet shutters. Shutters shall be galvanized to prevent premature rusting. Shutters shall be provided with a galvanized hold open latch. Shutters for all areas except the burn room shall have two heavy -duty hinges. Hinges shall be swaged mortise mount 4" x 4" x 3/16" thick with gray powder coat finish. Face mounted hinges shall be stainless steel to prevent corrosion. Dissimilar metals shall not be in contact with each other. Shutters for the burn room areas shall have three heavy -duty hinges. In addition, burn room shutters shall be protected with 1" thick Westemp or equal insulation panels mounted on the inside of the burn room. 2.15 DOORS: Doors for all areas except for burn areas shall be double skinned, insulated hollow metal swing doors with 3 stainless steel fixed pin hinges and full weather striipping. Framed opening studs /jambs shall be 16 gage galvanized steel. Doors on 15 floor mounted at top of curb shall include a door sweep to allow for hose advancement even when door is closed to exterior of tower. Doors for the burn areas shall be made with double skins of 18 gage galvanized steel per ASTM A -924 with four heavy -duty hinges. The hinges shall be swaged mortise • • SP 12 OF 20 mount, 4" x 4" x 3/16" thick, and include a gray powder coated finish. Face mounted hinges shall be stainless steel to prevent corrosion. Dissimilar metals shall not be in contact with each other. Doors will be provided as a 1 -3/8" thick factory welded hollow metal assembly with a minimum of 3 vertical interior hat channel stiffeners and a 14 gage hinge reinforcement. A hollow metal welded assembly shall be used to prevent premature temperature warping that occurs on single sheet doors. Doors shall be galvanized and have a baked -on enamel finish. Doors shall be provided with a galvanized hold open latch and an adjustable spring closure. Door sweep shall be provided to allow hose advancement even when door is closed to exterior of burn room. In addition, bum room doors shall be protected with 1" thick Westemp or equal insulation panels mounted on the inside of the burn room. 2.16 PARAPET WALLS: Parapet walls shall be designed to resist a load of 50 lb/ft and a concentrated point load of 200 Ibs in any direction at the top. Parapet walls shall incorporate minimum 12 gage galvanized studs at one foot on center with 18 gage wall panels installed on both sides. The parapet shall incorporate an integral draining system that provides for uniform drainage without the need for a concrete roof covering. 2.17 SECONDARY FLOOR SYSTEM: Interior decks shall be of six inch wide, unpainted 18 gage slip resistant galvannealed steel per ASTM A -924, A -60 with recessed fasteners and shall meet the stated design load. Panels shall have nominal 5' flats with maximum 1" wide by 1" deep recesses. Panels shall be brake formed at 90 degrees and provide inside radii no greater than 1/8". Floor and roof decks shall be framed with light gage steel "C" joists spaced at no more than 24 inches on center and shall have a maximum span length of 14 feet. Joist size and gage shall be determined by design requirements, and shall accommodate all design criteria stated in other sections of this specification. Toe kicks shall be installed around the entire perimeter of each floor to prevent potential injuries due to exposed openings to floor below. Concrete shall cover the entire floor system without change to the existing structure while still maintaining stated design live loads. Concrete shall be fiber reinforced and minimum 2" thick. The floor panels below shall be minimum 18 gage galvanized steel. 2.18 STAIRS AND ACCESSORIES: 2.18.1 Stairs shall be T -8" wide and shall include handrails, guardrails, and steel bar grate approach landings. Steel bar grate approaches shall be provided. • • SP 13 OF 20 Stringers shall be plate, and treads and platforms of bar grate risers shall be open. Bar grate treads shall be factory welded to the stringers and shall include a diamond plate nosing. Stairs shall be designed to resist a minimum uniform load of 100 psf and a minimum concentrated load of 300 Ibs at the center of any tread span. 2.18.2 Handrails and guardrails shall consist of schedule 40 - 1 1/4" I.D. (1.66" O.D.) round pipe and the openings between rails shall not exceed 12" (minimum of three horizontal rails required). Handrails and guardrails shall be designed to resist a concentrated point load of 200 Ibs in any direction at the top. Handrails shall be a factory- welded assembly. Guardrails shall have a factory- welded post assembly with welded sleeves to allow horizontal rails to be installed in the field. Handrail extensions are not required. 2.18.3 Stairs, stringers, handrails, guardrails, bar grating, ladders, and platform frames shall be prime painted. 2.19 TOWER FEATURES: 2.19.1 TOWER SECTION • 25-0" x 22' -0" x 40' -0" high • Flat Roof • Wind Load - 90 MPH • Roof Live Load - 100 PSF • Interior Deck Live Load - 100 PSF • Interior U- shaped stairs to 4th floor • Interior fixed ships ladder, 4th floor to roof • 3'x 4' framed window openings with steel shutters • 3' x 7' exterior steel door • Parapet roof guard with exclusive roof drainage to the exterior of the building with a chain opening 2.19.2 RESIDENTIAL SECTION • 22' -7" x 22' -0" x 27' -3" ridge • 16- degree Gable roof • Wind load - 90 mph • Roof live load 100 PSF • Floor live load - 100 PSF • Multiple rooms on 151 and 2 "d floors • Ladder fender brackets • Tx 4' framed window openings with steel shutters • 3' x 7' interior steel door • 3'x 7' exterior steel doors • 3'x 3' hinged gable louvered closures • • SP 14 OF 20 • 4'x 4' roof chop -out curb, 12 gage galvanized 2.19.3 ANNEX • 14' -0" x 22' -0" x 10' -0" high • Flat roof • Parapet roof guard with roof drainage to the exterior of the building with a chain opening • Wind load - 90 MPH • Roof live load - 100 PSF • Tx 4' window openings with steel shutters • 3' x 7' exterior metal door • 3' x 7' interior metal doors 2.19.4 CANTILEVERED BALCONY Cantilevered balcony shall be constructed of prime - painted structural tube, galvanized joists and prime painted bar grate deck. Balcony shall be approximately 4' -0" wide x 24' -0" long. Balcony shall be located on 2id floor. Balcony shall be totally cantilevered and shall include three doors to the interior. Perimeter railing shall be 1.25" I.D. (1.66" O.D.) schedule 40 prime - painted round pipe. 2.19.5 FIRE ESCAPE Exterior fire escape to the 2nd floor cantilevered balcony (10' high) with access to annex roof. Stair shall be X -0" wide, constructed of formed stringers welded to bar grate treads with open risers, and prime - painted. Hand rails shall be manufactured from 1.25" I.D. (1.66" O.D.) schedule 40 round pipe and prime- painted. 2.19.6 RECESSED /INSET BALCONY Balcony shall be recessed /inset on the 2nd and 3rd floors. Balcony shall include an access door to the interior. Perimeter railings shall be 1.25" I.D. (1.66" O.D.) schedule 40 prime - painted round pipe. 2.19.7 ROOF HATCH The hatch shall be Bilco 2' -6" x 4' -6" in the tower roof. The hatch shall be equipped with compression spring operators, a positive latching mechanism and an automatic hold -open arm. The hatch shall be galvanized steel with prime - paint. • • SP 15 OF 20 2.19.8 FORGED SWIVEL RAPPELLING ANCHORS Rappelling anchors and their attachment to the structure shall be rated for a working load limit of 5000 Ibs (OSHA load compliant per 1926.502(d)(15)). The anchor housing shall be galvanized aircraft quality alloy and capable of a 360 degree swivel and 180 degree pivot. Each anchor shall be 200% proof -load tested with a serial number for traceability. 2.19.9 ROLL -UP DOOR The roll -up door shall consist of a continuously corrugated galvanized steel curtain with a siliconized polyester finish. The door shall slide on guides onto a top drum through the means of a torsion spring. 2.19.10 RISER SYSTEM The riser shall connect to existing water supply as shown on the plans and contain a brass siamese fire department connection (NST thread) at the exterior of the tower. The riser shall be fabricated from 4" dia. x 34' high galvanized steel pipe. The riser shall include an interior connection at each deck and a 4 -head sprinkler system on the first floor. 2.19.11 SMOKE DISTRIBUTION SYSTEM The smoke distribution system shall include 6 smoke outlets, two cabinets, a circulation blower, and gate valves. The system shall be fabricated from 3" dia. schedule 40 PVC pipe. 2.19.12 SMOKE GENERATOR The smoke generator shall operate on a 100% duty cycle with a smoke output of 7,600 cfm. The generator shall include a safe, non -toxic fluid with a long hang time. 2.19.13 MOVABLE WALL SYSTEMIMAZE Movable wall panels shall be 3' -7" wide x full height and fabricated from 20 gage galvanized steel with vertical and horizontal channel stiffeners and a 14 gage galvanized top track. The top track shall attach to a 14 gage galvanized hanging track. The whole system shall be held in place with two compression clamps. The system shall allow the wall to slide on the top track, lock into place, and permit total removal without the use of tools. 0 • SP 16 OF 20 2.19.14 MOVABLE WALL SYSTEM WITH WORKING DOOR/MAZE Movable wall panels shall be 3' -7" wide x full height and fabricated from 20 gage galvanized steel with vertical and horizontal channel stiffeners and a 14 gage galvanized top track. The top track shall attach to a 14 gage galvanized hanging track. The whole system shall be held in place with two compression clamps and a threshold assembly. The system shall allow the wall to slide on the top track, lock into place, and permit total removal without the use of tools. The 2' -6" x 6-10" working door shall be fabricated from 20 gage galvanized steel and shall include a lockset. 2.19.15 FORCIBLE ENTRY DOOR The forcible entry door shall be a heavy duty steel door equipped with a breakaway lock mechanism. The lock system shall be easily reset and force requirements shall be adjustable. Approved manufacturer of this lock mechanism shall be Power Jamb or equal. 2.19.16 LADDER HOOK BAR The ladder hook bar system shall be a 10' -6" long schedule 80 galvanized steel pipe with 12 gage galvanized steel pipe angles for attachment. 2.19.17 RAPPEL RAILING SYSTEM The rail rappelling railing system shall be three 42" high by 3" diameter schedule 80 steel pipes set at 12" on center horizontally. This system shall be prime - painted. 2.19.18 DURABAKTM SLIP - RESISTANT ROOF PAINT SYSTEM 18 gage galvanized roof panels shall be covered with a three -coat paint system. The basecoat shall be an etch primer while the two topcoats shall be a finishing polyurethane paint with embedded rubber aggregate. This paint shall be slip resistant, waterproof, abrasion, chemical, salt water, UV and corrosion resistant. Approved manufacturer of this paint system shall be The DurabakTM Company or equal. 2.19.20 OPERATING LEVER LATCH The operating lever latch for tower shutters and burn room doors shall have interior and exterior padlocking handles. Latch cases shall be fabricated from 118" thick zinc - plated steel and finished with a black powder coat. • • SP 17 OF 20 2.19.21 CONFINED SPACE RESCUE PROP A 36" dia. galvanized pipe tube shall extend from 1st floor to the annex roof. The tube shall include two 90 degree elbows, a 3' -0" x 3' -0" shutter for access to lower floor level, and a 27" dia. heavy duty manhole cover at the top roof level for entrance. 2.20 ELECTRICAL WORK: The Contractor shall design, obtain permits for (see Section 2 -6 above), and construct a subpanel, switched circuitry, fixtures, and convenience outlets as shown on the plans. Electrical work shall connect to existing electrical service as shown on the plans and be waterproof, corrosion resistant and durable. 2.21 FOUNDATIONS: The Contractor shall design, obtain permits for (see Section 2 -6 above), and construct foundations to support tower loads upon the existing compacted soil (see Section 2 -7 above). Ground floor columns and stud walls shall sit on a concrete curb. The ground floor slab shall be sloped to drain water from the interior of the tower to curbs and drain gutters that surround the perimeter of the tower. 2.22 FLATWORK: After completing utility connections, foundations and tower erection, the Contractor shall pave between the tower base and the perimeter curbs as shown on the plans. The paving shall be 6" thick PCC that is sloped to drain water from the tower slab to curbs and drain gutters that surround the perimeter of the tower. The paving shall be finished and scored as directed buy the Engineer. 2.23 TOWER DELIVERY. INSPECTION & STORAGE: The Contractor shall store tower components in a secured area to prevent theft and /or damage by the elements. Materials stored offsite shall be enclosed or covered with waterproof covers. 2.24 WARRANTEES: 2.24.1 GENERAL WARRANTY The Contractor shall warrant the training tower to be free of fabrication, erection and/or construction defects for a period of one year from project acceptance. At the Contractor's option, the City of Newport Beach may be authorized to charge back to the Contractor an agreed upon amount for extra work. The Contractor shall not ship replacement parts nor authorize extra work to any party other than the City of Newport Beach. 0 2.24.2 PAINT WARRANTY • SP 18 OF 20 The Contractor shall provide a written 30/25 year warranty on paint systems, which includes chalking and breakdown of film integrity. 2.24.3 INSULLATION WARRANTY The Contractor shall provide a 15 -year written warranty against breaking, cracking or spalling. 2.24.4 STRUCTURE WARRANTY The Contractor shall provide a 5 -year warranty on the entire training tower. 2.25 SUBMITTALS: The Contractor shall submit product data, floor plans, elevations, catalog cut sheets, general specifications, and locations of similar projects completed. The Contractor shall also submit samples of the tower manufacturer's standard color charts covering both the siding colors and the door and window trim colors. 2.26 QUALITY ASSURANCE: 2.26.1 MANUFACTURER QUALIFICATIONS Within two days after the bid opening, the Contractor shall submit to the City of Newport Beach evidence that the tower manufacturing firm has at least ten years of experience in designing and manufacturing fire training towers of similar size, scope and complexity as this project. See also Section 2 -6 above. 2.26.2 ERECTOR QUALIFICATIONS Within two days after the bid opening, the Contractor shall submit to the City of Newport Beach evidence that his firm has successfully erected steel structures of similar size, scope and complexity as this project. See also Section 2 -6 above. 2.27 ALTERNATIVE SYSTEMS: Systems or materials not explicitly meeting the specifications stated herein shall be submitted to the City of Newport Beach for pre - approval at least seven days prior to the bid date. For systems or materials in question, the Contractor shall provide samples, written specifications, thermal and coating performance data, warrantees, drawings, information concerning other installations, etc., to the City of Newport Beach for review. Performance and warranty criteria stated herein shall be met without exception. See also Section 2 -6 above. 0 3.1 GENERAL: PART 3- EXECUTION • SP 19 OF 20 The Contractor shall comply with the tower manufacturer's written recommendations for preparation and storage of tower components. 3.2 EXAMINATION: The Contractor shall verify that concrete work has cured a minimum of 14 days and that anchor bolts are at the proper spacing and protrude the proper amount above the concrete, and report variances to the Engineer prior to proceeding with tower erection. 3.3 ERECTION: The Contractor shall follow erection details supplied by the tower manufacturer and report any discrepancies to the manufacturer prior to proceeding with erection. 3.4 FIELD QUALITY CONTROL: 3.4.1 DEFECTIVE WORK 3.4.2 The Contractor shall repair or replace, at the option of the Engineer, materials, components and assemblies that do not comply with the tower manufacturer's installation recommendations. The Contractor shall verify that washers are seated snugly without distortion and rivets have not pulled through attached materials. The Contractor shall replace improperly set or damaged fasteners. The Contractor shall inspect panels, trims and accessories for proper installation and fit, and shall replace items which are damaged, warped or distorted. The Contractor shall field miter corners to fit tightly and smoothly. 3.4.3 ADJUSTING The Contractor shall adjust shutters, swing doors and hatches so that they swing smoothly without binding and their hardware latches without forcing or slamming. The Contractor shall insure that all closures are adjusted so that they close smoothly. The Contractor shall check all electrical and mechanical devices to make sure that they are working properly. The Contractor shall accurately install temperature monitoring system thermal - couples. The Contractor shall test and demonstrate that fans function properly at all speeds. 0 3.4.4 CLEANUP • SP 20 OF 20 At the end of each work week, the Contractor shall remove debris and insure that materials are secured in a neat and orderly fashion. Upon completion of erection, the Contractor shall thoroughly clean the tower inside and out and remove debris, packing materials, metal shavings, excess soil, etc., from the site. 3.5 SOLID WASTE DIVERSION: The Contractor shall dispose of non - reinforced concrete and asphalt wastes generated from the site 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 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. Fax #: • 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received Dept. /Contact Received From: Shauna Date Completed: 2 -5 -07 Sent to: Shari Rooks By: April Walker Company /Person required to have certificate: Nielsen Building Systems I. GENERAL LIABILITY A. INSURANCE COMPANY: Reeent Insurance Co. B. AM BEST RATING (A: VII or greater): A -XI C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2 mil agg/Imil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes -1 No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 1I. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Regent Insurance Co. B. AM BEST RATING (A: VII or greater): A- XI C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? 1 mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ 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. I11. WORKERS' COMPENSATION A. INSURANCE COMPANY: General Casualty Insurance B. AM BEST RATING (A: VII or greater): A- XI C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? The AM Best rating for all is less than the required rating. RM Awk Ank AAr,10RD CERTIFICATMIFLIABILITY INSURANM OP ID K DATE(MM/DD/YYYY) NIELS -1 01/24/07 PRODUCER ' David Insurance Agency 1300 S. Green Bay Road Racine WI 53406 Phone.262- 636 -1860 Fax:262- 636 -1866 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Nielsen Building Systems Inc 4820 - 6 Mile Rd Racine WI 53402 ' INSURERA: Regent Insurance Co. 24449 INSURER B: General Casualty Insurance 24414 INSURER C: CCI 0044998 INSURER D: ' 01/01 /08 INSURER E: R E V I S E D $1,000,000. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE(MWDDT VE PDATE MM DIRA D[MN LIMITS • X GENERAL LIABILITY X COMMERCIALGENERALLIABILITY CLAIMS MADE a] OCCUR X Contractual Liab. CCI 0044998 01/01/07 01/01 /08 EACH OCCURRENCE $1,000,000. PREMISES (Ea occurenm) $500,000 MED EXP(Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000. GENERAL AGGREGATE $2,000,000. GENL AGGREGATE LIMIT APPLIES PER: POLICY X JECi SC LOC PRODUCTS- COMPnPAGG $2,000,000. • X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CBA 0044998 INSURANCE 01/01/07 O ED 01/01/08 COMBINED SINGLE LIMIT (a accident) $1,000,000. X BODILY INJURY (Per person) $ BODILY INJURY (Per acid ent) $ DAMAGE (Per aci n $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY: AGG $ CCU 0044998 01/01/07 $ B X EXCESS /UMBRELLA LIABILITY X OCCUR CLAIMS MADE F1 DEDUCTIBLE X RETENTION .. $10 , 0 0 0 01/01/08 EACH OCCURRENCE $6,000,000 AGGREGATE $6,000,000 a $ $ .B WORKERS COMPENSATION AND EMPLOYERIETORILITV ANY PROPRIETOR/ EXCLUDE DJ(ECUTIVE OFFICERlMEMBER EXCLUDED? Ryes, describe under SPECIAL PROVISIONS below CWC0044998 * 01/01/07 - 01/01/08 X TORY LIMIT$ ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYE $ laooaoo E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS WORK AND MATERIALS AS REQUIRED BY THE CONTRACT DOCUMENTS TO CONSTRUCT THE NEW SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER - CONTRACT NO. 3852. X ✓ti * - SEE NOTES CANCELLATION - SEE NOTES naJLucn CITYNEW City of Newport Beach Public Works Dept Att: Lloyd Dalton, P.E. 3300 Newport Blvd, PO Box 1768 Newport Beach CA 92658 -8915 25 120011081 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO! DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY MD UPON THE INSURER, ITS AGENTS OR ACORD„ CERTIFICATODF LIABILITY INSURANO OP ID K d DATE (MhVDDtYYYYI NIELS -1 01124/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DATE MM/D TI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE David Insurance Agency 1300 S. Green Bay Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. L LIMLITY MERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR ntractual Liab. CCI 0044998 Racine WI 53406 Phone:262 -636 -1860 Fax:262- 636 -1866 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Regent Insurance Co. 24449 INSURER 8: General Casualty Insurance 24414 $ 1, 000, 000. INSURERC: Nielsen Building Systems Inc 4820 - 6 Mile Rd Racine WI 53402 INSURER D: GREGATE LIMIT APPLIES PER: POLICY X JECT X LOC INSURER E: R E V I S E D $2,000,000. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Newport Beach OF INSURANCE POLICY NUMBER POLICY DATE MM/D TI LIMITS Newport Beach CA 92658 -8915 7NSR�TY�IPE L LIMLITY MERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR ntractual Liab. CCI 0044998 01/01/07 01/01/08 EACH OCCURRENCE $1,000,000. PREMISES(Ea ocearenw1 $500,000 MED EXP (Any me person) $ 10 , 000 PERSONAL &ADV INJURY $ 1, 000, 000. GENERAL AGGREGATE $ 2, 000, 000. GREGATE LIMIT APPLIES PER: POLICY X JECT X LOC PRODUCTS - COMPfOP AGG $2,000,000. • X AUTOMOBILE LIABILITY ANVAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS HON -OWNED AUTOS CBA 0044998 01 /01/07 01/01/08 COMBINED SINGLE LIMIT Me accident) S1,000,000. X 8001LY INJURY (Per person) $ BODILY INJURY (Per accident $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANVAUTO AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY: AGG $ $ $ X EXCESSIUMBRELLA LIABILITY X OCCUR OCLAIMSMADE DEDUCTIBLE X RETENTION .,$10,000 CCU D044998 01/01/07 01/01/08 EACH OCCURRENCE $6,000,000 AGGREGATE $6,000,000 S S ,B WORKERS COMPENSATION AND EMPLOYERIETO LIABILITY ANY PROPRIETOR/ EXCLUDED? OFFICER/MEMBER EXCLUDED? If yes, desalhe under SPECIAL PROVISIONS below CW00044998 * 01/01/07 01/01 /08 X I TORYLIMITS ER E.L. EACH ACCIDENT S1000000 E.L. DISEASE - EA EMPLOYEE $ IOOOOOO E.L. DISEASE - POLICY LIMIT I $1000000 OTHER DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS WORK AND MATERIALS AS REQUIRED BY THE CONTRACT DOCUMENTS TO CONSTRUCT THE NEW SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER - CONTRACT NO. 3852. Ix & * - SEE NOTES CANCELLATION - SEE NOTES CERTIFICATE HOLDER CANCELLATION CITYNEW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ DAYS WRITTEN Public Works Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Att: Lloyd Dalton, P.E. 3300 Newport Blvd, PO Box 1768 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Newport Beach CA 92658 -8915 REPRESENTATIVES, AUTHOR D REPRESENTA L e ACORD 25 (2001108) - (/ I - © ACORD CORPORATION 1HtlB IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Li ollowing are incld as Add'1 Insds for this project: The City of Beach, CA, Its Officers, Agents, Officials, Employees & Volunteers As respects the General Liability policy, this coverage shall be primary insurance & /or the primary source of recovery for these add'1 insds. Any insurance.or self - insurance maintained by them shall be excess of the Contractor's insurance and shall not contribute with it. * -The Workers' Comp policy includes a waiver of Subrogation for this project in favor of the additional insureds named above. Cancellation - Should any of the described policies have coverages suspended, voided, rescinded by either party, reduced in coverage or in limits or be cancelled before the expiration date thereof, the issuing insurer will mail at least thirty (30) days prior written notice to the certificate holder by certified mail, return receipt requested. 1. Commercial General Liability Policy - Contractors Blanket Additional Insured Endorsement CG 81 02 08 05. Note: Additional Insureds are automatically included as insureds in the Automobile Liability Business Auto Coverage Form and in the Commercial umbrella Liability Coverage Form. 2. Workers Compensation Policy - Waiver of Our Right to Recover From iOthers Endorsement WC 00 03 13 (Ed 4 -84). 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule THE CITX' QF NEtV ORT BEACH, CA ITS' QFFICBRS, AGENTS, OFFICIALS, EA4PLOYEES AND 'VOLUNTEERS This endorsement changes the policy to which It is attached and is effective on the date Issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the po8cy.) Endorsement Effective 1/24/07 Policy No. CWC 0044998 Endorsement No. I Insured NIEL$XN BUILDING SYSTEMS, INC. Premiums 5000,I nsuranceCompany GENERAL CASUALTY INSURANCE Countersigned by /7/h '✓ v v /U/�:f/�"Y WC 00 03 13 ISiued 1/24/07" (Ed. 4 -84) Copyright 1983 National Council on Compensation Insurance. POLICY # CCIO044998 . Issued 1/24/07 COMMERCIAL: GENERAL LIABILITY CG 8102 08 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section 9) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contact or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage" or "personal and advertising injury". B. The insurance provided to the additional insured is limited as follows: 1, That person or organization is an additional insured only with respect to liabfdy for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf. in the performance of your operations for the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 9. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (SECTION- V) do not apply to "bodily injury" or "property damage" arising out of the "products - completed operations hazard' unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to: "Bodily injury", "property damage ", or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying. services, including: a. The preparing, approving, or failure to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders. or drawings and specifications; and b. Supervisory, Inspection, architectural or engineering activities. 5. We have no duty, to defend or indemnity an additional insured under this endorsement: a. For any liability due to negligence attributable to any person or entity other than you or those acting on your behalf in the performance of your operations for the additional insured. b. For any loss which occurs prior to our named insured commencing operations at the location of the loss. c. Until we receive written notice of a claim or "suit" from the additional insured as required in the Duties in The Event of Occurrence, Offense Claim or Suit Condition. C. As respects the coverage provided under this endorsement, the COMMERCIAL GENERAL LIABLITY CONDITIONS (SECTION N) are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: An additional insured.under this endorsement Will as soon as practicable: Includes copyrighted material of Insurance services Office Inc., with its permission - CG 8102 08 05 Copyright, Insurance Services Ot%ce, Inc: 2002 Page i of 2 0 (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit' under this insurance; (2) Agree to trigger or activate any other insurance which the additional insured has, which is primary, for a loss we cover under this Coverage Part by tendering the defense to the insurers of all such other insurance. 0 2. As respects the coverage provided under this endorsement, Paragraph 4.b. of the Other Insurance Condition is deleted and replaced by the following: 4. Otherinsurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless the written contract or agreement described in A. above specifically requires that this insurance be provided on either a primary basis or a primary and noncontributory basis. Includes copyrighted material of Insurance Services Office Inc., with its permission. Page 2 of 2 Copyright, Insurance Services Office, Inc. 2002 CG 8102 08 OS • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Memorandum January 18, 2007 COU CIL AGFJVDA NO - 1019 JAN z d 60101 To: Honorable Mayor and Members of the City Coun From: Stephen G. Badum, Public Works Dir' ect Subject: Santa Ana Heights Fire Station Trai T er Award of Contract No. 3852 Revised City Council Staff Report Attached is a revised City Council Staff Report for the subject contract award. The initial report delivered to the City Council earlier this week inadvertently excluded one of the bid costs for the project. The revised report reflects the corrected figures. cc: City Manager City Clerk Fire Chief 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 January 23, 2007 TO: . HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd R. Dalton, PE 949 -644 -3328 or Idafton@cfty.newport-beach.ca.us SUBJECT: SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER AWARD OF CONTRACT NO. 3852 (REVISED) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3852 to Nielsen Building Systems, Inc., for the total bid price of $863,770, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $86,400 to cover the cost of unforeseen construction expenses. 4. Approve a Budget Amendment appropriating $210,170 from the unappropriated General Fund balance to 7011- C2320715. DISCUSSION: At 11:00 a.m. on January 10, 2007, the City Clark opened and read the following Total Bid Prices for this project: Bidder Total Bid Price Low Nielsen Building Systems, Inc. $842,600`' 2 WRG Fire Training Simulation Systems, Inc. 957,600 3 Newman Midland Corp. 985,700 4 Horizons CCI Services, Inc. 1,094,700 * Corrected Bid Amount is $863,770 The low Total Bid Price is about 8% above staffs estimate of $800,000. The low bidder, Nielsen Building Systems, Inc., possesses a General Building Contractor B License !as specified In the contract documents. Nielsen is'headquartered in Racine, Wisconsin, and has satisfactorily completed similar fire training tower projects for the cities/counties of South San Francisco, Colton, Ontario (NY), Waterloo (IA), Fairfax (VA), and other agencies since 1992. This is a design -build contract. The work consists of designing, preparing and submitting to the City for approval detailed shop drawings, substantiating calculations, catalogue cuts and specifications for constructing a fire training tower at Santa Ana Heights Fire Station No. 7; obtaining permits from the Building Department; coordinating tower construction with the City's general contractor of the fire station • Santa Ana Heights Fire Station T�ng Tower —Award of Contract No. 3852 January 23, 2007 Paget (Bernards); connecting utilities from Bemards' stub -outs and installing them within the tower; constructing the training tower and its foundations, electrical, mechanical, plumbing and surrounding flatwork; and providing training apparatus and warranties for the entire project. On January 19"', staff instructed Nielsen to begin preparing shop drawings for the project and to submit completed drawings, substantiating calculations, catalogue cuts and specifications to the Building Department for plan check. This pre - contract instruction was needed in order to satisfy the Fire Department's desire to try to complete training tower construction concurrent with completion of the fire station. In the event that the City Council does not award Contract 3852 to Nielsen, staff will order Nielsen to cease work and remunerate them for their time in preparing the shop drawings. Plans and specifications were prepared by Public Works staff. The Contractor is to share the site, cooperate with Bemards, and complete work within 160 days in order to complete training tower construction concurrent with completion of the fine station. Onsite work is to be completed within 40 consecutive working days. Liquidated damages are $1500 per calendar day. Environmental Review: This project is categorically exempt from the provisions of CEQA per Section 15332, Class 32, pertaining to urban infill development projects. Funding Availability: Partial funding is available in the General Fund, Contributions Fund and Building Excise Tax. The contribution represents a training partnership agreement with Rancho Santiago Community College. Upon approval of the requested budget amendment, funds will be available for award and construction contingency in the following accounts: Account Description General Fund Contribution (Rancho Santiago CC) Building Encase Tax Budget Amendment Proposed uses are as follows: Vendor Nielsen Building Systems Nielsen Building Systems I - F� i E4nE!Engl�eer. on Attachments: Bid Summary Budget Amendment Account Number 7011- C2320715 7251- C2320715 7271 - 02320715 7011 -C2320715 Purpose Construction Contract Construction Contingency Submitted Amount $360,000 $350,000 $ 30,000 $210,170 Total: $950,170 Amount $863,770 $ 86.400 Total: $950,170 Director Witty of Newport Bea4e NO. BA- 07BA -038 BUDGET AMENDMENT 2006 -07 AMOUNT: $21os7o.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance ®X Increase Expenditure Appropriations MD X Decrease In Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditwe appropriations to execute the contract with Nielsen Building Systems Inc. to design and build the Santa Ana Heights Fire Station training tower. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund/Division Account EXPENDrruAEAPPROPRmaxws {3603) Description Division Number Account Number Signed: Approval: Signed: City Manager Signed: _ Me r^P~il Annrmml• r:,7v Mark — Amount Debd Credit $210,170.00 . $210,170.00 t)arw Description Division Number 7011 Facilities Account Number C2320715 Big Canyon Fire Training Facility Division Number Account . Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Approval: Signed: City Manager Signed: _ Me r^P~il Annrmml• r:,7v Mark — Amount Debd Credit $210,170.00 . $210,170.00 t)arw 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 January 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd R. Dalton, PE 949- 644 -3328 or Idatton @cky.newport- beach.ca.us SUBJECT: SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER AWARD OF CONTRACT NO. 3852 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3852 to Nielsen Building Systems, Inc., for the total bid price of $842,600, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $84,260 to cover the cost of unforeseen construction expenses. 4. Approve a Budget Amendment appropriating $186,860 from the unappropriated General Fund balance to 7011- C2320715. DISCUSSION: At 11:00 a.m. on January 10, 2007, the City Clerk opened and read the following Total Bid Prices for this project: Biddef Total Bid Price Low Nielsen Building Systems, Inc. $842,600 2 WRG Fire Training Simulation Systems, Inc. 957,600 3 Newman Midland Corp. 985,700 4 Horizons CCI Services, Inc. 1,094,700 The low Total Bid Price is about 5% above staff's estimate of $800,000. The low bidder, Nielsen Building Systems, Inc., possesses a General Building Contractor B License as specified in the contract documents. Nielsen is headquartered in Racine, Wisconsin, and has satisfactorily completed similar fire training tower projects for the cities/countles of South San Francisco, Colton, Ontario (NY), Waterioo (IA), Fairfax (VA), and other agencies since 1992. This, is a design -build contract. The work consists of designing, preparing and submitting to the .City for approval detailed shop drawings, substantiating calculations, catalogue cuts and specifications for constructing a fin: training tower at Santa Ana Heights Fire Station No. 7 (see attached map); obtaining permits from the Building Department; coordinating tower construction with the City's general contractor of the fire station (Semards); connecting utilities from Bemards' stub -outs and installing them within the tower, constructing the training tower and its foundations, electrical, • Santa Ana Heigfda Fire Station T g Tower - Award of Cmnd No. 3852 January 23.2007 Page 2 plumbing and surrounding flatwork; and providing training apparatus and warranties for the entire project. On January 12, staff instructed Nielsen to begin preparing shop drawings far the project and to submit completed drawings, substantiating calculations, catalogue cuts and specifications to the Building Department for plan check by February 5, 2007. This pre - contract instruction was needed in order to satisfy the Fire Depattmenrs desire to complete training tower construction concurrent with completion of the fire station. In the event that the City Council does not award Contract 3852 to Nielsen, staff will order Nielsen to ease work and remunerate them for their time in preparing the shop drawings. Plans and specifications were prepared by Public Works staff. The Contractor is to share the site, cooperate with Bemards, and complete work within 160 days in order to complete training tower construction concurrent with completion of the fire station. Onsite work is to be completed within 40 consecutive working days. Liquidated damages are $1500 per calendar day. Environmental Rod : This project is categorically exempt from the provisions of CEQA per Section 15332, Gass 32, pertaining to urban infill development projects. Funding Ayallability: Partial funding is available in the General Fund, Contributions Fund and Building Excise Tax. The contribution represents a training partnership agreement with Rancho Santiago Community College. Upon approval of the requested budget amendment, funds will be available for award and construction contingency in the following accounts: Account Description General Fund Contribution (Rancho Santiago CC) Building Excise Tax Budget Amendment Proposed uses are as follows: Vendor Nielsen Building Systems Nielsen Budding Systems Prepared Dalton, P.E i Engineer Attachments: Bid Summary Budget Amendment Account Number merit 7011 - 02320715 $360,000 7251 - 02320715 $350;000 7271 - 02320715 $ 30,000 7011 -02320715 51$6.884 Total $926,860 PuEgose Amount Construction tion Contract $842,600 Construction Contingency $ 84.2&Q Total: $926,860 Pr �! 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ITLE: Santa Arm N tghts Firo Station Training Tower BID LOCATION: CRY CWWe 0" • City WE ONTRACTNO.: 3852 DATE: 10,tan-07 TIME: 11:OOAM NGINEEWS ESTIMATE: $880,000A0 BY: Andy7ran CHECKED: DATE: ROJECT MANAGER: Lloyd Dalton Vwwm{pWWmWWfflVacnW -01661D SUMMARY Page 7 0 En sneers Esdmate Nielsen Build Ira System Inc. WGR Re Treinhg Simulatlon S Inc. Newman Midland Coro. I Horimns CCI Senir inc. QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT 1 1 Shop Drawings 1 LS $16,000.00 $16, 000.00 $7, 800.00 $7800.00 $5000.00 $5,000.00 $42,000.00 ,000.00 2 U81 Connecdons, Plumb' and Electrical 1 LS ' 515 000.00 $15,000.00 $45,741.00 $46,741.00 $21 000.00 $21,000.00 $18,000.00 $18 3 Foundations 1 LS $60 ,000.00 $80.000.00 $80.837.00 $80,837.00 $60,000.00 $60,0D0.00 $94,000.00 0 4 Trains Tower and Adjacent Paving 1 LS $700000.00 5700 000.00 $708,222.00 $708222.00 $847,600-00 $B47,000.00 $821,700.00 $821 700.00 6 Tlaini aratusandWanandes 1 LS 10000.00 $10000.00 0 $1 700.00 $24000.00 $24,000.00 $10,000.00 $10,000.00 EE 5800,000.00 L W $842,800.00 2N 7,800.00 3RD $885,700.00 Vwwm{pWWmWWfflVacnW -01661D SUMMARY Page 7 0 Enalneeft Estimate Horimns CCI Senir inc. rEM DESCRIPTION 1 1 Shop Drawings 1 1 LS $15,000.00 $15000.00 $12100.00 512100.00 2 Ulffily Connections, Plumbing and Electrical 1 LS $1500000 $16,000.00 $42,800.00 $42,800.00 3 Foundations 1 LS $80, 000.00 $60.000.00 $78,800.00 $78,800.0 0 4 Tratn Tower and Ad] Pfl 1 LS $700, 000.00 $700,OOD.00 $961,000.00 $961,W0.00 5 TrolnIng Apparatus and Warranties 1 LS 510,000.00 $10,000.00 0 EE 3800 000.00 4TH $1 700.00 Vwwm{pWWmWWfflVacnW -01661D SUMMARY Page 7 0 Fire Training Facility Requesting Department: Fire . This project is a design and multiyear oonstructl6n project to develop a training fadlity.for Fire personnel, The project Includes site preparation, design, and whstruction of an asphalt drill area, a drafting pit, ladder tower, and other facilities necessary for effective training. 'This Will be a design/build contract Location: Santa Ana Heights - with hew Fire Station 7 Funding: General Fund; BET and Contributions {Rancho Santiago Community College Training Partnership} FUNDING SOURCE FY 2006 -07 FY 200748 FY 2008 -09 FY 2010 -11 FY 2011 -12 Design/Environmental $40,000 $0 $0 $0 $0 Right -of -Way, Land Acquisition $0 -$0 $0 $0 $0 Construction $700,000 $105,000 $105,000' $110,000 $0 Other $0 $0 $0 $0 $30,000 Total $740,000 $105,000 $105,000. $110,000 $30,000 FUNDING SOURCE DIVISION NO. PROJECT NO. REBUDGET $ BUDGET $ General Fund 7011 C2320715 $255 ODO $105 000 Contributions 7251 C2320715 $350,000 $D BET 7271 C2320715 $30,000 $0 TOTAL $635 000 $105,000 PROJECT TOTAL $74070-007 a n �J 0 • • CITY OF NEWPORT BEACH Memo DATE: January 2007 TO: Homer Bludau, City Manager From: Fire Department Fire Chief Steve Lewis, (949) 644 -3101, slew1s9bcitv.neuroat- beach.ca.u3 SUBJECT: Justification for Newport Beach Fire Training Tower I want to present the argument for the construction of a training tower at the Santa Ana Heights Station #7 that is presently considered for inclusion on the next city council agenda. I want to develop this document from the background of how we arrived to the point where we are today, and then present what I feel are compelling arguments for moving forward with a training tower on the Station #7 properties. Background: Most of the background information comes from a City Council Staff Report that was submitted on November 26, 2002 by then Fire Chief T. Riley. Going back as far as 1989, Newport Beach Fire Department has been in a collaborative cooperation with surrounding cities. On July 1, 1992, the cities of Fountain Valley, Huntington Beach, Newport Beach and Westminster formed the Central Net Operations Authority (CNOA); a joint powers of authority agency that formalized our dispatch and training arrangement. In 1995, the City of Westminster elected to disband their Fire Department and contract with the Orange County f=ire Authority; thus ending their participation as a CNOA member. Due to the large revenue loss from Westminster's departure and our perceived inability to continue to operate our communications center and deliver adequate services, the remaining agencies elected to discontinue the communication center portion of the Joint Powers Authority (JPA) and join with Anaheim, Fullerton, Garden Grove, and Orange.to form the Metro Cities Fire Authority and open a new communication center in Anaheim. We currently receive emergency dispatch services through Metro Cities. Since 1995, Newport Beach Fire had continued to participate as a member of CNOA, operating the Central Net Training Center (CNTC) and conducting some joint training activities. The original costs that were involved when we were using CNOA as our dispatch center were greatly reduced when we chose, at that time, to only use the training component. But the cost for the training component still was significantly high, and proceeded to increase over the years up to the cost of $147,477 (with projections to be $174,000 in 2003) when the staff report was written in November of 2002. We tracked our usage of the facility; we realized that as the cost went up our usage was going down. Newport Beach Fire Administration had to ask the question, "is this the best way to spend our limited training funds ?" Newport Beach Fire Administration began to take a more liberal view of how to best accomplish our training needs. Newport Beach decided to withdraw as a member and just pay the fiat rental rates like any other non- member. The cost for renting the facility on a yearly as needed basis has been averaging around $3,737 for the last few years. This decision to pay a flat rental rate has created a significant fiscal savings, but that move has not come without a price tag in regards to training. This background has been presented to lay the ground work for where we are today. Though the initial membership in CNOA served us well in preceding years, we are at a point in Newport Beach Fire's history where we need to seriously take control of our own destiny and create something where a void now exist. Cost Factors• Once our participation in the CNTC ceased and we began to pay only a rental fee for training, we began placing our budgeted CNTC amount ($150,000) into the following accounts. The following numbers represent our yearly inputs: $105,000 CIP fund $25,000 Salary for department Assistant (the other half of salary from #2353) $20,000 Training Operations (*Training facility rental, "Training Opportunities i.e. classes etc.) $150,000 We have placed 3 years of $105,000 into the CIP fund with FY 2007 -2008 being the fourth year. We had projected that there would be $525,000 in the CIP fund for the building of the tower, on the frith year. 0 0 We were planning on taking our CIP money and coupling it with monies from our partnership with Rancho Santiago College. These amounts are represented as follows: $525,000 CIP fund (5 years) $350,000 Rancho Santiago College $875,000 the amount we estimated would be needed Obviously we still have 2 remaining years that we had anticipated for the CIP fund. So in essence we are asking for the two remaining years on the CIP fund now. The bid amount of $840,000 along with a 10% contingency amount would bring the final figure to $924,000. Our estimated figure of $875,000 (estimated in 2002') would be 6% over the projected amount. We feel that the 60/6 is a figure that really is not that bad given the rise in building cost in the last few years. Distance of Travel: When we engage in training activities at CNTC, we have been programming a certain number of units to be out of service during their training and travel time. For a two-hour class at CNTC, we need to have units out of service (and out of the city) for an average of three hours due to the extended travel time. We justify this sacrifice of "best° city coverage against the value of the training that our fire personnel need to maintain their professional competency. This has become increasingly difficult since the addition of the Santa Ana Heights and Newport Coast stations. The table below shows the round -trip distance and travel time from each of our stations: AND DISTANCE FROM Distance Travel Time Station 1 -110 E. Balboa BI (i unR) 18.64 miles 44 minutes Station 2 - 475 32nd St (3 unit) 16.64 miles 28 minutes Station 3 - 870 Santa Barbara Dr (4 unb) 24.58 miles 40 minutes Station 4 -124 Marine Av (r unk) 22.12 miles 46 minutes Station 5 - 410 Marigold Av (2 untie) 27.50 mles 44 minutes Station 6 - 1348 Irvine Av (1 =10 18.64 miles 44 minutes Station 7 - 2301 Zenith Av (1 unit) 18.06 miles 32 minutes Station 8 - 6502 Ridge Park Rd (1 unit) 27.72 miles 42 minutes TRAVEL Distance Station 1 -110 E. Balboa BI (i unq Station 2 - 475 32nd St (3 unb) Station 3 - 870 Santa Barbara Dr (4 units) Station 4 -124 Marine Av (t unit) Station 5 - 410 Marigold Av (2 unfts) Station 6 -1348 Irvine Av (t unit) Station 7 - 2301 Zenith Av (1 urm FIRE L Travel Time 7.1 mites 16 minutes 5.3 miles 9 minutes 3.7 miles 8 minutes 5.3 miles 10 minutes 5.7 miles 9 minutes 2.4 miles 5 minutes 5.7 miles 4 minutes I believe that we are unnecessarily handicapping ourselves by having first-line apparatus leave the city on a regular basis. As I have learned first -hand since coming to this great city, the citizens have come to expect and deserve the best service possible. Once we take apparatus out of the city, they are no longer available to provide that service to our customers. We are forced to spread our coverage "thin" and have in- service units cover larger areas with longer response times. If we have our own training tower within Newport Beach's boundaries we can now give the best possible service to our citizens. In my years of managing personnel and moving apparatus during training sessions in Long Beach I had the luxury of always making sure we had a full complement of personnel and apparatus within the city boundaries. At no time is any Long Beach apparatus completely out of service. Though they may be training at the tower, they can respond to an incident when called upon. As you can see from the table above, there is no possible way any of Newport's units can respond to give assistance if needed while in training. Neighboring cities do make themselves available to help cover Newport Beach when we send units outside the city, but this also increases the time constraints upon us. In their covering of us, it leaves their city less protected and agreements keep. us on a short and tight time table. When we have used the City of Costa Mesa's trailing tower the traveling times are not as long as going to Huntington Beach, but they still are significant enough where fin; units would not be available to help out in Newport Beach if needed. Also the Costa Mesa Tower site is a very active site and its use is dependent upon availability. If Newport Beach Fire units remain within our city boundaries to train at our own tower, we can maintain the coverage that gives our citizens the best service 365 days a year. 0 0 Necessity of Training: One of the key aspects of the firefighting profession is that of training. We are asked to have an in -depth understanding of many components of firefighting and rescue systems that we were never asked to know in previous years. Skill maintenance is necessary for performance on the emergency scene since all skills are perishable if they are not practiced on a regular basis. Skill retention can.only be accomplished with weekly and monthly repetitive practice. We are not able to accomplish that 100% of the time by using facilities outside our city. We are at the mercy of a cost factor that prohibits us from unlimited use, and we also have scheduling issues which limit us. As a renter of their facility, we are the mercy of their scheduling. If we have our own tower we have unlimited use which allows our Operations Chief to schedule training theoretically 24 hours a day 365 days a year. The Newport Beach Fire Department is a very young department. We have fire officers that have very Tittle live experience with fire and rescue situations. There is a tremendous need to have a training program in place to compensate for the lack of real life training our personnel need. This facility will allow mentoring and role playing for young personnel as they begin to develop and enhance their careers. Having limited access to training facilities greatly impacts giving our young personnel the repetitive training that is necessary. With a training tower in place we could do evaluated testing of many skills required for all ranks. Because of limited access to a tower we have for all intents and purposes ceased doing timed and evaluated testing in the last several years. It is not uncommon in the fire service to have individual apparatus dedicate 2 to 3 hours a day to training. Since live training now is not always accessible, many times it becomes hypothetical training, or "tacking through" or 4lwalking through° a situation. We always encourage this, but it never substitutes for live action. Our personnel realize the need for training and have sought out ways to overcome the lack of a training facility. Personnel practioe.at parks, parking lots, schools, and "hat in hand" asking of the private sector for the use of their buildings to practice on. Though this method helps us to be seen in the community, it also is potentially dangerous because of the possibility of incurring liability for the city through .damage of public property and possible injury to the public. The training tower in many,jurisdictions is also utilized by police SWAT teams to utilize skills that need practicing. Community Emergency Response Teams (CERT) and any city agency that would want to utilize it would be able to. Quality of Training: i The training tower is the final leg of what is needed for the Newport Beach Fire Department to be recognized as a first class institution. This complete facility which would house a multi -story tower, numerous hydrants, and a huge piece of property, would be an ideal setting for multi- company drills. We would be able to train in an unhurried manner helping to perfect excellence, rather than rushing through because of time and cost constraints. A good portion of our allotted time to train is spent on the road driving to Huntington Beach. The training that would take place would be of a realistic manner that would best simulate real life situations. Newport Beach has a larger number of high -rise buildings than most cities have: These buildings require different methods of training and tactics. Having our own tower allows us to better develop personnel to handle this type of training without using private property. We have cliffs that exist throughout the city. This tower allows us to practice those skills from the roof of the tower down to the ground without going onto private property or damaging the environment by evasive training practices. When dealing with probationary firefighters we would have a controlled and unhurried work environment which would allow us to take the time to do repetitive training and testing. When working under time constraints at a guest's tower, we usually make notes of things to work on later because we cannot go over them immediately. With Newport Beach having its own training tower we will be allowed to create a number of very diverse simulations. The number of situations that we face day in and day out need to each be addressed on a regular basis. In having our own tower we can bring crews through and evaluate and test them on any simulation we feel is necessary. We will be able to utilize several apparatus In multi- company drills without concern of having them out of the city and unable to respond. There will be no cost factor and out of service factor that will hinder us from accomplishing this. The "throwing of ladders" against building during rescues is absolutely vital in making effective rescues. Most private businesses frown on having their buildings used for this purpose since they do leave marks on the building and destroy the stucco. With a training tower we can have personnel place ladders aggressively and not be concerned of any damage. r\ u morale: 0 1 have purposely left this issue last because I feel it is very difficult to substantiate or defend in the face of fiscal decisions that need to be made. Nonetheless, it is a very real and actual part of the workplace. In my short tenure here, I have seen the extremely high morale that exists within this department. I believe that can be shown by the almost non - existent leaving of personnel from this fire department going to other fire departments. Our personnel enjoy working here in Newport Beach. It is one of the comments that I have heard over and over again.. My goal is to make sure that we as a city do everything possible to help retain employees here in Newport Beach for years to come. A complete training program is one of those items which make this an attractive department for which to work. In my discussion with one of my chief officers with this department, he said to me, "this tower would be the most significant improvement in our fire department in my 30 years on the job". In. the process of presenting this document I hope i have not overstated my position or belabored my point. But I do believe the training tower is a significant piece of the puzzle that will help move Newport Beach Fire Department into the 21°` Century. If you have any questions or want me to clarify any portion of this memo, please contact me. No. BA- o76A o3s Sty of Newpod BeaC BUDGET AMENDMENT 2006 -07 AMOUNT:. S1ss,s6o.oa EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND ®X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues Px from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appro2e!a ns to execute the contract with Nielsen Building Systems Inc. to design and build the Santa Ana Heights Fire Station training tower. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 3605 General Fund - Fund Balance $186,860.00 REVENUE ESTIMATES (3601) FundX1:Lry ton Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7011 Faciritles Account Number C2320715 Big Canyon Fire Training Facility $186,860.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number . • Autamatic Sy�em Enhir. %% Signed: �� /•7 Findncial Approval: Administrative Services Director Date Signed: Administrative Approval: City Manager Date Signed: