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HomeMy WebLinkAboutC-4139 - Newport Coast Community Center AV Equipment' •, • ' - AW OFFICE OF THE CITY CLERK Leilani I. Brown, MMC January 5, 2011 Mr. Robert Bradley All American Asphalt P.O. Box 2229 Corona, CA 92878 Subject: Lido Isle Pavement Rehabilitation - Phase II (C -4139) Dear Mr. Bradley: On November 23, 2010,, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 1, 2010, Reference No. 2010000644490. The Surety for the contract is the Fidelity and Deposit Company of Maryland and the bond number is 7615401. Enclosed is the Labor & Materials Payment Bond. Sincerely, 4A� No-� 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 I �"Ml 2 Mg CITY COUNCIL STAFF REPORT November 23. 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran, Associate Civil Engineer 949 - 644 -3340 or FTran @newportbeachca.gov SUBJECT: NEWPORT COAST COMMUNITY CENTER AUDIO - VISUAL EQUIPMENT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4139 ISSUE Staff is requesting approval to accept the Newport Coast Community Center Audio - Visual Equipment, Contract No. 4139, as complete. RECOMMENDATIONS 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION Summary of Completed Construction Contract On June 22, 2010, City Council awarded the Newport Coast Community Center Audio - Visual Equipment contract to GMF Sound, Inc. The contract included all labor, material, tools, and equipment, as required for the installation of electrical and audio - visual improvements for the Gymnasium/Theater, Large Divisible Community Room, and Small Divisible Community Room at the Newport Coast Community Center. Actual Contract Time Total Contract Final Cost at Benchmark Contract Time Under ( -) Amount Completion Target (days) or Over ( +) $119,793.00 $130,649.16 Contract +9.1% 35 -3 Plus 10% On June 22, 2010, City Council awarded the Newport Coast Community Center Audio - Visual Equipment contract to GMF Sound, Inc. The contract included all labor, material, tools, and equipment, as required for the installation of electrical and audio - visual improvements for the Gymnasium/Theater, Large Divisible Community Room, and Small Divisible Community Room at the Newport Coast Community Center. Newport Coast Cor...ounity Center Audio - Visual Equipment Completion and Acceptance of Contract No. 4139 November 23, 2010 Page 2 The ''contract has now been completed to the satisfaction of the Public Works D'epatitmeent. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Final contract cost: $119,793.00 $119,793.00 $10,856.16 $130.649.16 The two change orders were approved for an additional wall rack to in the Small Meeting Room, additional drawers in the Gym/Theater, a security cage to protect the newly installed projector from potential damage, and network configuration with the City intranet. These additional work items totaled $10,856.16 and represented a 9.1% cost change to the project. The construction was substantially complete on September 20, 2010. A summary of the project schedule is as follows: Estimated Completion Date per 2010 Baseline Schedule: October 25, 2010 Project Awarded for Construction: June 22, 2010 Contract Completion Date per the NTP & Approved Extensions: September 23, 2010 Actual Substantial Construction Completion Date: September 20, 2010 ENVIRONMENTAL REVIEW This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA Implementing Guidelines. This exemption covers the maintenance and repair of existing facilities involving negligible or no expansion of existing facilities. PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Total Project Cost Total project expenses, including incidentals, are summarized as follow: Design and Construction Support Construction Incidentals $8,450.00 $130,649.16 Total Project Cost $139,325.71 Newport Coast Co. .unity Center Audio- Visual Equipment Completion and Acceptance of Contract No. 4139 November 23, 2010 Page 3 FUNDING AVAILABILITY Funds for the construction contract were expended from the following account: Account Description Account Number Amount Newport Coast Community 7019- C5100977 $ 130,649.16 Center AV Equipment Total Constru Prepared by: Frank Tran Associate Civil Engineer Attachment: Location Map 30,649.16 Submitted by: NEWPORT COAST COMMUNITY CENTER AUDIO- VISUAL EQUIPMENT C -4139 Sog • .. F� [`y •p'J �P 7 a - PROJECTLOCATION 73 pw 4 :5' >us`� Q°`st:n F.slnUk,to li 'r _,} 1 F• H Id, G,'6,n � P � :i 1 - :rpkl R SC:nn •y� :\;a;;° /anf¢ p- ti e) a, Fi; a J �', nom]` �� J- i0 Rn •Y 7 ell V Is, ci c Cj, ~na "f¢ r o'o g a- v > LSn pit Pc,. _ -.' - •,z•- Coast) 'O?d .� LOCATION MAP N.T.S. i CITY OF ' • " : ; 1 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 24, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Newport Coast Community Center Audiovisual Equipment — (C -4139) • Lido Isle Pavement Rehabilitation — Phase II — (C -4385) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, u 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GMF Sound. Inc. of Orange, California, as Contractor, entered into a Contract on June 22, 2010. Said Contract set forth certain improvements, as follows: Newport Coast Community Center Audiovisual Equipment — (C -4139) Work on said Contract was completed, and was found to be acceptable on November 9, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. nI I,,,, �l Executed on N*416� , �� at Newport Beach, California. BY V�F'WIW Y AIMM � City Clerk RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re,2orded in Official Records, Orange Cnunty 7arn Daly, Clerk - Recorder ! Il liliilil! IIIIiIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIillllllllllllll No FEE 2010000644489 1229 pm 12/01/10 2`x6418 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COKPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GMF Sound. Inc. of Orange, California, as Contractor, entered into a Contract on June 22, 2010. Said Contract set forth certain improvements, as follows: Newport Coast Community Center Audiovisual Equipment — (C -4139) Work on said Contract was completed, and was found to be acceptable on November 9. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. !�1 t�J rn N W : �A w a Works Director W ,,.� �,��.. � -�� Newport Beach U _ wo ` LU CM VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on I " nI * M6K , �v 10 at Newport Beach, California. BY �& � klrtll(r�- City Clerk E" 3'9 7" 11E CiTy OF A 2 t CITY OF NEWPORT BEACH hIMII 2101 nn��pp�� CITY COUNCIL STAFF REPORT . Agend4l e "m°X6 '5__" November 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran, Associate Civil Engineer 949 - 644 -3340 or FTran @newportbeachca.gov SUBJECT: NEWPORT COAST COMMUNITY CENTER AUDIO - VISUAL EQUIPMENT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4139 ISSUE Staff is requesting approval to accept the Newport Coast Community Center Audio - Visual Equipment, Contract No. 4139, as complete. RECOMMENDATIONS 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION Summary of Completed Construction Contract Total Contract Final Cost at Benchmark Actual Contract Time Amount Completion Target Contract Time Under ( -) (days) or Over ( +) $119,793.00 $130,649.16 Contract +9-1% 35 -3 Plus 10% On June 22, 2010, City Council awarded the Newport Coast Community Center Audio - Visual Equipment contract to GMF Sound, Inc. The contract included all labor, material, tools, and equipment, as required for the installation of electrical and audio - visual improvements for the Gymnasium/Theater, Large Divisible Community Room, and Small Divisible Community Room at the Newport Coast Community Center. Newport Coast Com,, iunity Center Audio - Visual Equipment Completion and Acceptance of Contract No. 4139 November 23, 2010 Page 2 The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Chanae Orders Final contract cost: $119,793.00 $119,793.00 $10,856.16 $130.649.16 The two change orders were approved for an additional wall rack to in the Small Meeting Room, additional drawers in the Gym/Theater, a security cage to protect the newly installed projector from potential damage, and network configuration with the City intranet. These additional work items totaled $10,856.16 and represented a 9.1% cost change to the project. The construction was substantially complete on September 20, 2010. A summary of the project schedule is as follows: Estimated Completion Date per 2010 Baseline Schedule: October 25, 2010 Project Awarded for Construction: June 22, 2010 Contract Completion Date per the NTP & Approved Extensions: September 23, 2010 Actual Substantial Construction Completion Date: September 20, 2010 ENVIRONMENTAL REVIEW This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA Implementing Guidelines. This exemption covers the maintenance and repair of existing facilities involving negligible or no expansion of existing facilities. PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Total Proiect Cost Total project expenses, including incidentals, are summarized as follow: Design and Construction Support $8,450.00 Construction $130,649.16 Incidentals $226.55 Total Project Cost $139,325.71 Newport Coast Co. _ .:unity Center Audio - Visual Equipment Completion and Acceptance of Contract No. 4139 November 23, 2010 Page 3 FUNDING AVAILABILITY Funds for the construction contract were expended from the following account Account Description Account Number Amount Newport Coast Community 7019- C5100977 $ 130,649.16 Center AV Equipment Total Construction Cost $ 130,649.16 Prepared by: Frank Tran Associate Civil Engineer Attachment: Location Map Submitted by: NEWPORT COAST COMMUNITY CENTER AUDIO - VISUAL EQUIPMENT C -4139 RS LOCATION MAP N.T.S. CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00AM on the 13t day of June, 2010, at which time such bids shall be opened and read for NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT Title of Project Contract No. 4139 $130,000 Engineer's Estimate fen G. Badum Works Director Prospective bidders may obtain one set of bid documents for $20 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classificadon(s) required for this project. "B" or "C -10" For further information, call Frank Tran, Project Manager at (949) 644 -3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htto: /fwww. NewportBeachCA. oov CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) .................................... ............................... 8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ........................................................ .............................13 DESIGNATION OF SURETIES ........................................................ .............................14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 15 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................17 INFORMATON REQUIRED OF BIDDER ......................................... .............................18 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................21 CONTRACT..................................................................................... .............................22 LABOR AND MATERIALS BOND .................................................... .............................28 FAITHFUL PERFORMANCE BOND ................................................ .............................32 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 DESIGNER'S AUDIOVISUAL SPECIFICATIONS ............ ......................................... AS -1 APPENDIX" A .................................................. ............................... ..........................APP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 INSTRUCTIONS TO BIDDERS All bidders are required to attend the Pre -bid meeting at 1:OOPM on Monday, May 24"', 2010 at The City of Newport Beach, Newport Coast Community Center 6401 San Joaquin'Hills Road Newport Beach, CA 92660 2. 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 W 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 quantifies indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 340246 C7 Contractor's License No. & Classification GMF Sound, Inc. Bidder ca. Authorized Signature/Title Dennis Bethune, President June 2, 2010 Date Bond Number: 70937188 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Bid Amount Dollars ($10% of Bid Amouptto be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT, CONTRACT NO. 4139 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award*, otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it Is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 26th day of May , 2010. GMF Sound, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety P.O. Box 5077 Sioux Falls, SD 57117 - 5077 Address of Surety 925 - 934 -8500 Telephone David G Harris, Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT ua��•........ do'beaaf ue .....................•u .0668M.••.s••••. sus, State of California County of Contra Costa On May 26, 2010 Public, personally appeared ss. before me, S. Nicole Evans Notary proved to me on the basis of satisfactory evidence to be the person( whose nameXis /a subscribed t the w hin instrument and a knowledged to meta s i y e ecuted t same in his/h Na ized capacity(i and that by his e si n tur on the instrument th so or the entity uport behalf of which the er a acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m1ppd and official seal. s. NICOLE EVANS Commission # 1826273 i s Notary Public - California s _ an Francisco County v t �, M Comm. Expires Dec 11. 2012 (seal) •........l........... 608... a.... 0.6...... Sf. 065••........... a .......... ,1������, Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMAT708 May 26, 2010 Thumbprint of Signer rr : • tt Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CE01 CFO / COO _ President / Vice - President I Secretary I Treasurer Other: Other 2 Check here it PO n,umbpdnt or fingerprint ,s available. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in die City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kimberley Roman, David G Harris, Jennifer E Dirking, Stephanie Worden, Individually of Walnut Creek, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof. duly adopted, as indicated, by the shareholder of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 5th day of May, 2009. yvarr,- WESTERN SURETY COMPANY ��+�C PaRq tee i 3ept. l.T€ Paul . Bmflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 5th day of May, 2009, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal; drat it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +bb4bbbbbabaggb44wbqbqb44. I O H KRELL DAKO November 30, 2012 s A� NOTARY PUBLIC seAt a a SOUTH DAKOTA a +b4g44bbb4bb4g4b444gqq44+ D. Krell, NcTAry Public CERTIFICATE 1, L. Nelson, Assistant Secretary or WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force. and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof t have hereunto subscribed my name and affixed die seal or the said corporation this 26th day of Form F4280 -09 -06 ;��,a'OR yy pPOAyf Ss t 2010. WESTERN SURETY COMPANY C` "/ L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal maybe printed by facsimile. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 DESIGNATION OF SUBCONTRACTOR(S1 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: Gilbert & Stearns Inc. Address:609 E. Fourth St. 2 ELECTRIAL CONDUIT 14.699 Santa Ana, CA., 92702 -0176 Phone: 714 -547 -7695 State License Number. 165081 C -10 Name: AVPA Address: 28924 Old Town Front St. 3 & 4 CRESTRON PROGRAMMING 4.17% Suite 211 San Diego, CA., 92590 Phone: 760- 632 -6996 State License Number: Name: Address: Phone: State License Number: GMF SOUND, INC Bidder tl �� Authorized Signaturelfitle Dennis Bethune, President CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidders Name GMF SOUND, 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 Project Description L.A. TRADE TECH AUDIO /VIDEO Approximate Construction Dates: From 11/10/08 To: 02/07/10 Agency Name LOS ANGELES COMMUNITY COLLEGE DISTRICT Contact Person JESSE QUITALIG Telephone �13) 763 -3689 200,722 469,932 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) ADDITIONAL SPEAKERS, MONITORS, LCD MONITORS 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. 2 Project Name/Number SUPERIOR COURT OF ORANGE COUNTY Project Description AUDIO SOUND SYSTEM IN COURT ROOMS Approximate Construction Dates: From 19.27.08 To: 06/30/11 Agency Name SUPERIOR COURT OF ORANGE COUNTY Contact Person PAM BRENNAN Telephone (65j 622 -5646 $2,055,600 Original Contract Amount $ Final Contract Amount $ 2.055 600 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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 Project Name /Number MORENO VALLEY OPERATION CENTER Project Description AUDIO VISUAL SYSTEM Approximate Construction Dates: From 5/12/10 To: 08 /10 Agency Name CITY OF MORENO VALLY Moreno Valley Fire Dept. Contact Person Le Ann Colletta Telephone (95 413 -3809 Original Contract Amount $121,000 Final Contract Amount$ 121,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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. iRno 10 No. 4 Project Name /Number LOS ANGELES VALLEY COLLEGE Project Description AUDIO /VISUAL _ THEATER ARTS & MOTION PICTURE BLDG Approximate Construction Dates: From 07/17/08 To: 04/16/09 Agency Name LOS ANGELES COMMUNITY COLLEGE DISTRICT URS CORPORATION Contact Person ROBERT RINCON Telephone @18) 756 -0952 Original Contract Amount $92,181 Final Contract Amount $ 107,186 If final amount is different from original, please explain (change orders, extra work, etc.) ADDITIONAL SOUND EQUIPMENT 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 PASADENA CONVENTION CENTER Project Name /Number Project Description BACKGROUND MUSIC SYSEEM Approximate Construction Dates: From 5/14/07 To: 7/1/09 Agency Name CITY OF PASADENA Contact Person JAMIE CANFIELD Telephone (62 1 793 -2122 Ext. 227 Original Contract Amount $ 448,000 Final Contract Amount $ 487,296 If final amount is different from original, please explain (change orders, extra work, etc.) ADDITIONAL PREMIUM LABOR TIME 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. lX 11 No. 6 Project Name /Number ANTINOVICH ANTELOPE VALLEY COURTHOUSE Project Description PUBLIC ADDRESS SYSTEM- NEW COURTOOMS Approximate Construction Dates: From 10/13/08 To: 4/15/09 Agency Name DEPT. PUBLIC WORKS - L.A. COUNTY Contact Person ALICIA RAMOS Telephone o' .616 - 300 -3210 Original Contract Amount $6§.,744 Final Contract Amount $ 69,476 If final amount is different from original, please explain (change orders, extra work, etc.) INSTALLED EXTRA PANELS AT BAILIFFS 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 financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. GMF SOUND, INC. Bidder Aut rized Signature/Title 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 NON - COLLUSION AFFIDAVIT State of California ) ss. Countyof Orange Dennis Bethune being first duly sworn, deposes and says that he or she is President of GMF Sound Tnr 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 thereat, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the St o Californi that tthhf_ , wing is true and correct. GMF, Sound Tn _ Bidder Aythorized SI nature/Title President Bennis B tune Subscribed and sworn to (or affirmed) before me on this 2 7 tway of May 2010 by Dennis Bethune , personally known to me or proved to me on the basis of satisfactory evidence to be the person F%) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] rr.. CINDY niASIU009 Commlaso a Notary Pabna O«Inge COYMY oilCa uh 13 My Commission Expires: July 18 , 2 011 �flIM7 E' Arm CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 DESIGNATION OF SURETIES Bidders name GMF SOUND, INC. 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): HEFFERNAN INSURANCE BROKERS - 714 - 997 -8100 1855 Katella Ave., Suite 255 Orange. CA.. 92867 -4459 WESTERN SURETY COMPANY 925- 934 -8500 P.O. Box 5077 SIOUX FALLS, SD 57117 -5077 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name GMF SOUND, INC. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts 17 28 32 37 42 43 199 Total dollar Amount of Contracts (in $841,294 1,479,'.`11409, 1,949, 3,867, 1,427, 0,973,94 Thousands of $ 33 L89 220 773 -3-36 No. of fatalities _0- -0- 1 -0- -0- -0- -0- -0- No. of lost Workday Cases -0- -0- -0- -0- -0- -0- -0- No. of lost workday cases _0- -0- -0- -0- -0- -0- -0- involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractors License No. and Classification: GMF SOUND, INC. 1961 N. Main, Orange, CA., 92865 340246 - C -7 Title LOW VOLTAGE The above information was compiled from the records that are available to me at this time and 1 declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title June 2. 2010 Presi dpnr 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. I PETER KOO 22071 CALDERAS MISSION VIEJO, CALIFORNIA 92691 714 - 770 -0908 PROFESSIONAL SKILLS ♦ Eight years experience with project engineering and management ♦ Strong background in computer networking. WFW & Novell 4.12 ♦ Strong background in AutoCAD R13 ♦ Highly motivated, detail and results oriented. PROFESSIONAL EXPERIENCE GMF SOUND, INC. - Systems Engineer 6/98- Present Responsible for design of audio; video, security and control systems. SIMPLEX TIME RECORDER CO. - Project Engineer 10/93 -5/98 Project engineering and management for various sizes of projects. Procides technical sales support for four salespersons. Supervises a team of drafting peroos; °order entry clerks and secretary. Performed duties as a central communication hub between customers, field technical representatives and sales staff. Act as a part time system administrator for in house LAN network and workgroup. Average yearly business volume is two million dollars. THORN AUTOMATED SYSTEMS, INC. - District Engineer 6/89-10/93 Project engineering and management for customer engineered projects. Provide technical assistance to field representative. Supervises one associate engineer and one drafting person. EDUCATION: ♦ University of California, Irvine - B.S. in Mechanical Engineering PERSONAL AND PROFESSIONAL REFERENCES AVAILABLE UPON REQUEST DEN'\IS BETFILIE 7303 Equitation Orange Para: Acres. CA (71 t) 744 -0354 EDUCATIONAL BACKGROUND: Doctorial Fellowship Studies awards to U.C.L.A. M.A. Vocation Education- C.S.U. Long Beach H.A. English- C.S. U. Fullerton U.C.I.- Industrial Relations and Psychology Lifetime Community College Credential; Supervisory, Business PROFESSIONAL EXPERIENCE: 1984 - Present GMF SOUND. INC. ,'Oran ge ;,CA - President 1974- 1985 ORANGE COAST COLLEGE, Costa Mesa, CA - Director, Career Planning & Placement Center - Instructor /Coordinator for Business, Music & Science 1983-1984 WESTERN STATE HIGHER EDUCATION PLACEMENT SERVICE, Costa Mesa, CA - President 1981 AMERICAN HOME MORTGAGE, Newport Beach, CA - Personnel /Management Consultant 1972-1974 CALIFORNIA STATE UNIVERSITY. FULLERTON. Fullerton. CA - Director. A.S. Student Activities CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 ACKNOWLEDGEMENT OF ADDENDA Bidders name GMF SOUND, INC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. I Date Received I /1 Signature CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 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: GMF SOUND, INC. Business Address: 1961 N. Main, Orange, CA., 92865 Telephone and Fax Number: (Phone 714- 282 -1559) (Fax 714- 282 -1942) California State Contractor's License No. and Class: 340246 C -7 (REQUIRED AT TIME OF AWARD) Original Date Issued: 1981 Expiration Date: 10/31/2011 List the name and titlelposition of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Peter Koo, System Engineer 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: fi<FTi" Title Dennis Bethune President Address Telephone 1961 N. Main, Orange, CA., 92865 714- 282 -1559 Peter Koo Svstems Engineer 1961 N Main Orange, CA., 92865 714- 282 -1559 Corporation organized under the laws of the State of California 18 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: A 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; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. act Have you ever failed to complete a project? If so, explain. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual-for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 10 Are any claims or actions unresolved or outstanding? Yes J00 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate. manner may be considered non - responsive. Dennis Bethune (Print name of Owner or President of CgFporatio !Co any) GMF Sound, Inc. t - Bidder Authorized Signature/Title President President Title May 27, 2010 Date On May 27. 2010 before me, CIndy Masidonio xxxxxxxxxx, Notary Public, personally appeared Dennis Bethune xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx who proved to me on the basis of satisfactory evidence to be the person(st) whose name(''$) is /are subscribed to the within instrument and acknowledged to me that he /ate executed the same in his /#per• #Ww authorized capacity(ie&), and that by his /hoi;Aheir signature(s) on the instrument the person(x), or the entity upon behalf of which the personN acted, executed the instrument. I certify'under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. cwor VAMtsMo ru ICAUK.t o (SEAL) common N 1743M Notary PoNlic iK and for said State c� n My Commission Expires: July 18, 2011 O 2 nlrmilK'�+ - �NtteM y:ei Gk' �� �J� 7 n SI liLi@VQ'+3 : i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 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. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 CONTRACT THIS AGREEMENT, entered into this _ day of , 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and GMF Sound, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT The work necessary for the completion of this contract consists of construction and related services required by the Contract Documents, including all labor, material, tools, equipment, and supervision as required for the installation of electrical requirements and audiovisual EQUIPMENT at the Newport Coast Community Center at 6401 San Joaquin Hills Road, Newport Coast, CA 92657, and all other related work as required by the Contract Documents. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for CONTRACT NO. 4139, 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. 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 One Hundred Nineteen Thousand, Seven Hundred Ninety-Three and 001100 Dollars ($119,793.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Frank Tran (949)644-3340 GMF Sound, Inc. 1961 N. Main Orange, CA 92865 714 -282 -1559 714 -282 -1942 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 23 City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 25 All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award,' so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY 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. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: APPROVED AS TO FORM: `�t� of My a D. Bea c amp ,,p j1� Assistant City A ney F��6�� 1� CITY OF NEWPORT BEACH A Municipal Corporation By: 4 Mayor G M F SOUND, INC. By: -44t': (Corporate Officer) Title: President Print Name: Dennis Bethune By: (Financial Officer) Title: CFO Annette Bethune Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual QA „y ar :� i” '� � +, , �.x� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 BOND NO. 70953123 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to GMF Sound, Inc., hereinafter designated as the "Principal," a contract for construction of NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT, CONTRACT NO. 4139 in the City of Newport Beach, In strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute CONTRACT NO. 4139 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, Western Surety Company duty authorized to transact business under the laws of the State of California, as Surety, (referred to herein as 'Surety') are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Nineteen Thousand, Seven Hundred Ninety"Three and 001100 Dollars ($119,793.00) 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 thq terms of the Contract; for which payment well and truly to be made, we band 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 attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. K2 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 Cafrfomia. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 24 day of June , 2010. GMF Sound, Inc. (Principal) Western Surety Company Name of Surety PO Box 5077 Sioux Falls, SD 57117 -5077 Address of Surety 800- 331 -6053 relephone uaviu a narns, Attorney in Fact Print Name and Title Ahune, CFO NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On June 24, 2010 before me, S. Nicole Evans, Notary Public personally appeared-------- ------ --- - - - --- -David G Harris-- ----------------- --- - - - - - -- who proved to me on the basis of satisfactory evidence to be the person(e) whose name(@) is Aare-subscribed to the within instrument and acknowledged to me that heAhMAcy executed the same in him authorized capacity(, and that by his signature(s) on the instrument the person(#), or the entity upon behalf of which the person(#) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S. NICOLE EVANS WITNESS my hand and cial seal. i ,a ECommission # 18262 3 x0ifes Notary Public - California s z san Francisco County PAy Comm Dec 1! 1, 2012 _ Signature Public Place Notary Seal Above Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in die City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kimberley Roman, David G Harris, Jennifer E Dirking, Stephanie Worden, Individually of Walnut Creek, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this Sth day of May, 2009. dr}c WESTERN SURETY COMPANY A3oggT °s - fc ryvq 2 / N fA V�� <? o"µe Paul . Bmflat, Senior Vice President q�. State of South Dakota ss County of Minnehaha On this 5th day of May, 2009, before me personally came Paul T. Bruflat, to me (mown, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires {bb4b444444444SS444b444gq+ D. KRELL ; November 30, 2012 a AL NOTARY PUBLIC s e } Il�.� � i SOUTH OAKOTA 'r 44b44bb4444444bb4444444 } D. Krell, NoMy Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force. and further certify that the By -Law of the corporation printed on the reverse hereof is stiff in force. In testimony whereof 7 have hereunto subscribed my name and affixed the seal of the said corporation this ..24th day of June 2010 dwEYE WESTERN SURETY COMPANY - gW:ri / 1� L. Nelson, Assistant Secretary Form F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of die Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal maybe printed by facsimile. CALIFORNIA • ACKNOWLEDGMENT : �L. :...'•a✓i�.s,a5f�a5.5>C.ti.1Q'Zi As!.o'»..7t� {.�:U� s,�ca a >. ,.:) A)s,3 c� c� c�s..� �i,�:8i3c..:�� >t.:�..5ac:<a ,tasfc�� �:>C.va �:c,sf'ai.: iv. >c..:�t,.:�t.:a State of California 1 County of Orange 1} On 7/6/2010 before me, Cindy Masidonio. Notary Public Dale Here Insert Name aid Title d the O cer personally appeared Annette Bethune xxxxxxxxxxxxxxxxxxxxxxxxxx Names) of Signers) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx C�MPC- who o proved to me on the basis of satisfactory evidence to be the person($) whose name('6) is!are•subscribed to the within instrument and acknowledged to me that helfsheRhey executed the same in kisthedllieir authorized capacity(ies), and that by Ns/her /their signature(q) on the instrument the person(s), or the entity upon behalf of which the person(b) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature l Le�1 bAJ-�ibhf. t-o Place Notary Seal Above U• Sig�re N No4ry Pi&lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Material Payment Bond Document Date: 6/24/10 Number of Pages: Signer(s) Other Than Named Above: Capacity(tes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact MOW Cl Trustee Top of mumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nar ❑ Individual • Corporate Officer— Tide(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: PICHTTHI1r1IBPRINT OF SIGNER .f 'i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 BOND NO.70953123 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,594.00 being at the rate of $ 30.00 Der thousand of the Contract price WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, awarded to GMF Sound, Inc., hereinafter designated as the °Principer, a contract for construction of NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT, CONTRACT NO. 4139 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. 4139 and the terms thereof require the fumishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Western Surety Company . duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety°), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Nineteen Thousand, Seven Hundred Ninety -Three and 001100 Dollars ($119,193.00) 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 specked, 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. 32 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 named, on the 24 day of June 2010. GNIF Sound, Inc. (Principal) Western Surety Company Name of Surety PO Box 5077 Sioux Falls, SD 57117 -5077 Address of Surety 800 -331 -6053 Telephone David G Harris, Attorney in Fact Print Name and Title ne, CFO NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On June 24, 2010 before me, S. Nicole Evans, Notary Public personally appeared ---------- ------------ - -David G Harris ----- --- ---- ---- ---- --- - - - --- S . N1" ` iers273 Commission # Notary Public - California San franciscotCoun" Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(} whose name(@) isubscribed to the within instrument and acknowledged to me that heA4@Ahey executed the same in him authorized capacity(, and that by hisAwp4wir-signature(o) on the instrument the person (O, or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation (raving its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kimberley Roman, David G Harris, Jennifer E Dirking, Stephanie Worden, Individually of Walnut Creek, CA, its true and lawful Attomey(s) -in -Fact with hail power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully acrd to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to dre authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof.. duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 5th day of May, 2009. WESTERN SURETY COMPANY i6�F�r'P YO 3 bIT Paul . Bmflat, Senior Vice President Stare of South Dakota County of Minnehaha 3 ss On this 5th day of May, 2009, before me personally came Paul T. Bmflat, to me (mown, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his mane thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires t'4agrgqqanaaaaaaaqqaaaaaa+ D. KRELL November 30, 2012 f AL SO PUBLIC s t SOUTH DAKOTA 3 }9b4ab4bb44b44gbbgagaqaq} D. Krell, No My y Public CERTIFICATE 1, t. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify flim the Power of Attorney heminabove set forth is still in form and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In rutimony whereof 1 have hereunto subscribed my name and affixed die seal of the said corporation this 24th day or .Lune 2010 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Hoard of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Pact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal maybe printed by facsimile. �4 r 4, t..pi3 >,.-.�,..au�a i\G1 �.0 ,AS.H 0, .i�C 41, a>.., iI, i 1' a111 001 40v.�•.. ', State of California 1 County of Orange J} On 7/6/2010 beforeme, Cindy Masidonio. Notary Public Data here Insert Name and Till. Ne oliicer personally appeared Annette Bethune xxxxxxxxxxxxxxxxxxxxxxxxx NeA) d Sigr,er(s) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx who proved to me on the basis of satisfactory evidence to be the person(%) whose name($) is/aw subscribed to the within instrument and acknowledged to me that We /sheAhey executed the same in MetherRheir authorized capacity(iesj, and that by his/fier/their signature(9) on the instrument the person($), or the entity upon behalf of which the person(A) acted, executed the instrument. 50 CMMMARID0000 I certify under PENALTY OF PERJURY under the laws eommuston • 17538" 1 of the State of California that the foregoing paragraph is Not e C Calffoaft true and correct. Cann► 1 p011 WITNESS my hand and official seal. �Oi /},Nr1 til15Yl:� Signature Place Notary Seal Above Sipatu W Notary PUM OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual • Corporate Officer — Title(s): — ❑ Partner — ❑Limited ❑General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER :01 • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTH!JMBPRINT OF SIGNER CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THIS TAX PAYMENT EXPIRES: 06/30/2011 SERVICE ADDRESS: G?AF SOUND INC 1961 NORTH MAIN ST ORANGE CA 92865 BUSINESS CATEGOPY'. ELECTRICAL WORK SELLERS PERMIT: 24678110 ACCOUNT NUMBER: ST30032105 OW'NEWPRI NCIPAL NAME: ANNETTE BETHUNE OWNERSHIP TYPE: TAX INCLUDES PAYNIENT FOR: 0.00 EMPLOYEES DATE OF ISSUE: 06/04/2010 PRINT DATE: 06/10/2010 ',1 4 A ORS CERTIFICATE OF LIABILITY INSURANCE OPID ZV " " "`mm GMFS0,, 07/07/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE IOC) Heffernan Insurance Brkrs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1855 Ratella Ave, Suite 255 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92867 -4459 Phone: 714- 997 -8100 Fax:714- 460 -9935 INSURERS AFFORDING COVERAGE 'NAIC# GMF Sound Inc. Annette Bethune 1961 N. Main Street Orange CA 92865 COVERAGES INSURER B: EMPLOYERS MUTUAL CO14M' L INSURER C: n.el anion ea :. x.. ce of race _ _ 19445 INSURER D: T,ran ciry wire insurance Lb. 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. SIR LTR WO'L NSR TYPE OF WSURANCE POLICY NUMBER POL DATE MMIDplY POLICY EXPIRATION DATE MMID LIMITS REPRESENTATIVES. AuTHORIZ SENTATIVE GENERAL LIABILITY Newport Beach, CA 92663 EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY CA000013916 -02 03/07/10 03/07/11 PREMISES(Ea mcumnee ) 550,000 CLAIMS MADE XI OCCUR MED EXP(Any one pumm) 55,000 PERSONAL d ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 PRODUCTS - COMWOP AGG _ 52,000,000 GEHL AGGREGATE LIMIT APPLIES PER: X POLICY jE� LOG 8 X AUTOMOBILE LIABILITY ANYAUTO 3x3288908 03/07/10 03/07/11 COMBINED SINGLE LIMIT (Ea attitlent) $1,000,000 X BODILY INJURY (Per pmon) $ ALL OWNED AUTOS SCHEDULEDAUTOS (Per INJURY ( en accident) $ I I X X HIRED ONE W TQ$ NONAWNED AUTOS MAA re I INSU E I Y ��r(�■ 1�0 D PROPERTY DAMAGE accident) S V(Per I GARAGE LWBRITY ANY AUTO ff/��� r \1 ■ EME AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE 51,000,000 C X-1 OCCUR CCLAIMSMADE EBU047042981 03/07/101 03/07/11 AGGREGATE 51,000.,000 $ S DEDUCTIBLE $ X RETENTION S D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIE XECUTIVEi j 72WELS4236 01/01/10 OFFICERIMEMBER EXCLUDED? ry LJ (Mandato in NH) 01/01/11 - X TORY LIMITS ER_ E L. EACH ACCIDENT 51000000 EL. DISEASE - EA EMPLOYEE $ 1000000 IT yes. describe under SPECIAL PROVISIONS belm EL DISEASE POLICYLIMIT -- $ 1000000 OTHER I B Property 3X3288908 03/07/10 03/07/11 BPP 346379 Deduct 500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Contract #4139, Newport Coast Community Center AV Equipment. City of Newport Beach, Ito elected or appointed officers, agents, officials, employees and volunteers are named as additional insured (primary) on General Liability policy and additional insured on Automobile Liability policy per attached endorsements. Waiver of subrogation applies to... Cont... CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009101) ' "© 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION NEWPO -4 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30• DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL City of Newport Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Public Works Department Attn: Frank Tran REPRESENTATIVES. AuTHORIZ SENTATIVE 3300 Newport Blvd. Newport Beach, CA 92663 ACORD 25 (2009101) ' "© 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD General Liability policy. Blanket Waiver of Subrogation for Workers Compensation Applies. *Except 10 days notice for non- payment of premium. "REVISED - 07/07/2010" POLICY NUMBER: CA000013916 -02 Date issued: 717!10 Named Insured: GMF Sound Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CG 20 10 07 04 Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Newport Beach, Its elected or appointed officers, Contract #4139, Newport Coast Community Center agents, officials, employees and volunteers AV Equipment. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. Wdh respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE, A.I. Who Is An Insured is amended by adding the following: d. Any person or organization who is a party to a written agreement or contract with you in which you agree to provide the type of insurance afforded under this Business Auto Coverage Form. This provision applies to claims for "bodily injury" or "property damage" which occur after the execution of any written agreement or contract. B. NEWLY FORMED OR ACQUIRED ORGANIZATIONS SECTION 11 — LIABILITY COVERAGE, A.1. Who Is An Insured is amended by adding the following: e. Any organization which you acquire or form after the effective date of this policy in which you maintain ownership or majority interest. However: (1) Coverage under this provision is afforded only up to 180 days after you acquire or form the organization, or to the end of the policy period, whichever is earlier. (2) Any organization you acquire or form will not be considered an "insured" if: A. The organization is a partnership or a joint venture; or B. That organization is covered under other similar insurance. (3) Coverage under this provision does not apply to any claim for "bodily injury" or "property damage" resulting from an "accident" that occurred before you formed or acquired the organization. C. SUBSIDIARIES AS INSUREDS SECTION II — LIABILITY COVERAGE, A.I. Who Is An Insured is amended by adding the following: f. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, "insured" does not include any subsidiary that is an "insured" under any other automobile liability policy or was an "insured" under such a policy but for termination of that policy or the exhaustion of the policy's limits of liability. D. COVERAGE EXTENSIONS — SUPPLEMENTARY PAYMENTS SECTION If — LIABILITY COVERAGE, A.2a. Coverage Extensions, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $3,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $350 a day because of time off from work. E. PHYSICAL DAMAGE— TOWING SECTION III — PHYSICAL DAMAGE COVERAGE, A.2. Towing is replaced with the following: We will pay for towing and labor costs incurred, subject to the following: a. Up to $100 each time a covered "auto" of the private passenger type is disabled; or b. Up to $500 each time a covered "auto" other than the private passenger type is disabled. However, the labor must be performed at the place of disablement. F. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES SECTION III — PHYSICAL DAMAGE COVERAGE, AA. Coverage Extensions subparagraph a. Transportation Expenses is replaced by the following: (1) We will pay up to $75 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expirations, when the covered "auto" is returned to use or we pay for its "loss CA7270(3 -07) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 2 (2) If the temporary transportation expenses you incur arise from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of the same like kind and quality as the stolen covered "auto." G. HIRED AUTO PHYSICAL DAMAGE SECTION 111 — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: c. If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision coverage is provided for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you hire, subject to the following limit and deductible: (1) The most we will pay for loss to any hired "auto" is the lesser of $50,000 or Actual Cash Value or Cost of Repair, minus the deductible. (2) The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. (3) Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. The insurance provided under this provision is excess over any other collectible insurance. H. PERSONAL PROPERTY OF OTHERS SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: d. We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss' to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered 'auto's" collision with another object. or the covered "auto's" overturn. No deductibles apply to this coverage. I. AIRBAG COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B.3.a. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. J. LOSS TO TWO OR MORE COVERED AUTOS FROM ONE ACCIDENT SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: If a Comprehensive, Specified Causes of Loss or Collision Coverage "loss" from one "accident" involves two or more covered "autos ", only the highest deductible applicable to those coverages will be applied to the "accident ". This provision only applies if you carry Comprehensive, Collision or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. K. WAIVER OF DEDUCTIBLE — GLASS REPAIR OR REPLACEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: If a Comprehensive Coverage deductible is shown in the Declarations it does not apply to the cost of repairing or replacing damaged glass. L. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, A.2. Duties in the Event of Accident, Claim, Suit or Loss is amended by adding the following: d. Your obligation to notify us promptly of an "accident," claim, "suit" or "loss" is satisfied if you send us the required notice as soon as practicable after your Insurance Administrator or anyone else designated by you to be responsible for insurance matters is notified, or in any manner made aware, of an "accident," claim, "suit" or "loss." M. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES SECTION IV — BUSINESS AUTO CONDITIONS, B.2. Concealment, Misrepresentation, or Fraud is amended by adding the following: If you unintentionally fail to disclose any exposures existing at the inception date of this policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. N. MENTAL ANGUISH SECTION V — DEFINITIONS, C. is replaced by the following: `Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. O. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CA7270(3 -07) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 2 Policy Number: CA000013916 -02 CA00001391 6 -02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARYtNON- CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies . insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name or Person or Organization: It is agreed that Commercial Generat Liability Coverage Form CG 60 01 Section IV paragraphs 4.b. and 4.c. do not apply with respect to other valid and collectible Commercial General Liability insurance, whether primary or excess, available to the person or organization shown in the Schedule and: 1. Who Is an insured under an Additional Insured - Owners, Lessees or Contractors endorsement attached to this policy; and 2. Who requires by specific written contract that this Insurance is to be primary and/or non- contributory to other valid and collectible insurance available to that person or organization. This endorsement does not change the scope of coverage provided to the person or organization by any Additional Insured endorsement. All other terms and conditions remain unchanged. An 06 57 12 03 Page 1 of 1 Policy Number: CA000013916 -02 Commercial General Liability CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for the injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Pollcy Number: 72WELS4236 Endorsement Number: Effective Date: 01/01/10 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: GMF Sound Inc. 1961 N. Main Street Orange, CA 92865 Section I of this endorsement expands coverage provided under WC 00 00 00. Section It of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locale these coverage features quickly: INDEX SUBJECT PAGE SUBJECT SECTION 1 2 B. Part One Does Not Apply PARTS ONE and TWO 2 C. Application of Coverage 01 We Will Also Pay 2 D. Additional Exclusions PART -THREE 2 E. West Virginia 02 How This Insurance Works 2 EXTENDED OPTIONS PART - SIX 2 01 Employers' Liability Insurance 03 Transfer of Your Rights and Duties 2 02 Unintentional Failure to Disclose 04 Liberalization 2 Hazards SECTION It 2 03 Waiver of Our Right to Recover from VOLUNTARY COMPENSATION 2 Others INSURANCE 04 Foreign Voluntary Compensation 05 Voluntary Compensation Insurance 2 A. How This Reimbursement Applies A. How This Insurance Applies 2 B. We Will Reimburse B. We Will Pay 3 C. Exclusions C. Exclusions 3 D. Before We Pay D. Before We Pay 3 E. Recovery From Others E. Recovery From Others 3 F. Reimbursement For Actual Loss F. Employers' Llabilily Insurance 3 Sustained EMPLOYERS' LIABILITY STOP GAP 3 G. Repatriation ENDORSEMENT H. Endemic Disease 06 Employers' Liability Stop Gap 3 05 Longshore and Harbor Workers' Coverage Compensation Act Coverage A. Slop Gap Coverage Ltmiled to 3 Endorsement Montana, North Dakota, Ohio, SECTION III Washington, West Virginia and 01 Schedule of Covered States Wyoming PAGE 4 4 4 4 5 5 5 Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Page 1 of 6 0 2000, The Hartford SECTION I PARTS ONE and TWO 1. WE WILL ALSO PAY D. We Will Also Pay of Part One (WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this Insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and 5. expenses we incur. PARTTHREE 2. How This Insurance Applies Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States Insurance) is replaced by the following: 4. If you have work on the effective dale of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) Is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Liberalization If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your stale. SECTION II VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE S. Voluntary Compensation Insurance A. How This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by any officer or employee not subject to the workers' compensation law of any state shown in item 3A. of the Information Page. 2. The bodily Injury must arise out of and in the course of employment or incidental to work in a slate shown in Item 3.A. of the Information Page. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere If the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily Injury by disease must be caused or aggravated by the conditions of the Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Page 2 of 6 officer's or employee's employment. The If the persons entitled to the benefits of this officers or employee's last day of last insurance make a recovery from others, they exposure to the conditions causing or must reimburse us for the benefits we paid aggravating such bodily injury by them. disease must occur during the policy F. Employers' Liability Insurance period. Part Two (Employers' Liability Insurance) B. We WIII Pay applies to bodily injury covered by this We will pay an amount equal to the benefits endorsement as though the State of that would be required of you as if you and Employment was shown in Item 3.A. of the your employees were subject to the workers' Information Page. compensation law of any state shown in Item This provision 5. does not apply in New Jersey or 3.A. of the Information Page. We will pay Wisconsin. those amounts to the persons who would be entitled to them under the law, EMPLOYERS' LIABILITY STOP GAP COVERAGE C. Exclusion 6. Employers' Liability Stop Gap Coverage This insurance does not cover: A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West 1. any obligation imposed by workers' Virginia and Wyoming, compensation or occupational disease B. Part One (Workers' Compensation law or any similar law. Insurance) does not apply to work In stales 2. bodily Injury intentionally caused or shown in Paragraph A above. aggravated by you. C. Part Two (Employers' iability Insurance) 3. officers or employees who have elected applies the states, shown In Paragraph not to be subject to the state workers' h they were shown in Item 3.A. of as though of compensation law. the Information Page. 4, partners or sole proprietors not covered D. Part Two, Section C. Exclusions Is changed under the Standard Sole Proprietors, by adding these exclusions. Partners, Officers and Others Coverage Endorsement. This Insurance does not cover; D. Before We Pay 5. bodily injury intentionally caused or Before we pay benefits to the persons aggravated by you or In Ohio bodily injury resulting from an act which is entitled to them, they must: determined by an Ohio court of law to 1. Release you and us, in writing, of all have been committed by you with the responsibility for the injury or death. belief than an injury is substantially 2. Transfer to us their right to recover from certain to occur. However, the cost of others who may be responsible for the defending such claims or suits in Ohio Is injury or death. covered. 3. Cooperate with us and do everything 13, bodily injury sustained by any member of necessary to enable us to enforce the the flying crew of any aircraft. right to recover from others. 14. any claim for bodily injury with respect to If the persons entitled to the benefits of this which you are deprived of any defense Insurance fail to do those things, our duty to or defenses or are otherwise subject to pay ends at once. If they claim damages penalty because of default in premium from you or from us for the injury or death, under the provisions of the workers' our duly to pay ends at once. compensation law or laws of a stale shown In Paragraph A. E. Recovery From Others E. This insurance applies to damages for which If we make a recovery from others, we will you are liable under West Virginia Code keep an amount equal to our expenses of Annot. S 23 -4 -2. recovery and the benefits we paid. We will pay the balance to the persons entitled to it. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Page 3 of 6 EXTENDED OPTIONS 1. Employers' Liability Insurance Item 3.13, of the Information Page is replaced by the following B. Employers' Liability Insurance: 1. Part Two of the policy applies to work in each state listed In Item 3.A. The Limits of Liability under Part Two are the higher of: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee OR 2. The amount shown in the Information Page. This provision 1 of EXTENDED OPTIONS does not apply In New York because the Limits Of Our Liability are unlimited. In this provision the limits are changed from $500,000 to $1,000,000 in California. 2. Unintentional Failure to Disclose Hazards If you unintentionally should fail to disclose all existing hazards at the Inception date of your policy, we shall not deny coverage under this policy because of such failure. 3. Waiver of Our Right To Recover From Others A. 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 any person or organization for whom 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 agreement. B. This provision 3. does not apply In the slates of Pennsylvania and Utah. 4. Foreign Voluntary Compensation and Employers' Liability Reimbursement A. How This Reimbursement Applies Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) This reimbursement provision applies to bodily Injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or Incidental to work in a country not listed In Exclusion C.1. of this provision. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee's last exposure to those conditions of your employment must occur during the policy period. B. We Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1. voluntary payments for the benefits [hat would be required of you if you and your officers or employees were subject to any workers' compensation law of the state of hire of the Individual employee. 2. sums to which Part Two (Employers' Liability Insurance) would apply if the Country of Employment were shown in Item 3.A. of the Information Page. C. Exclusions This insurance does not cover: 1. any occurrences In the United States, Canada, and any country or jurisdiction which is the subject of trade or economic sanctions imposed by the laws or regulations of the United States of America in effect as of the inception date of this policy. 2. any obligation imposed by a workers' compensation or occupational disease law, or similar law. 3. bodily injury intentionally caused or aggravated by you. Page 4 of 6 4. liability for any consequence, whether of America necessarily incurred as a direct direct or indirect, of war, invasion, act of result of bodily injury. Foreign enemy, hostilities (whether war Our reimbursement shall be limited as be declared or not), civil war, rebellion, follows: revolution, insurrection or military or 1. to the amount by which such expenses usurped power. No endorsement now exceed the normal cost of returning the or subsequently attached to this policy officer or employee if in goad health, or shall be construed as overriding or waiving this limitation unless specific 2. In the event of death, to the amount by reference is made thereto, which such expenses exceed the normal D. Before We Pay cast of returning the officer or employee if alive and in good health. Before we reimburse you for the benefits to In no event shall our reimbursement exceed the persons entitled to them, you must have the bodily Injury by accident limit shown in them: Item 3.B. of the Information Page as 1. release you and us, in writing, of all respects any one such officer or employee responsibility for the Injury or death, whether dead or alive. 2. transfer to us their right to recover from H. Endemic Disease others who may be responsible for their The word "disease" includes any endemic injury or death, diseases. 3. cooperate with us and do everything The coverage applies as if endemic necessary to enable us to enforce the diseases were Included in the provisions of right to recover from others. the workers' compensation law. If the persons entitled to the benefits paid fail S. Longshore and Harbor Workers , to do these things, our duty to reimburse ends at once. If they claim damages from Compensation Act Coverage us for the injury or death, our duty to General Section C. Workers' Compensation reimburse ends at once. Law Is replaced by the following: E. Recovery From Others C. Workers' Compensation Law If we make a recovery from others, we will Workers' Compensation Law means the keep an amount equal to our expenses of workers or workers' compensation law and recovery and the benefits we reimbursed. occupational disease law of each state or We will pay the balance to the persons territory named in Item 3.A. of the entitled to it. If persons entitled to the Information Page and the Longshore and benefits make a recovery from others, they Harbor Workers' Compensation Act (33 must repay us for the amounts that we have USC Sections 901 -950). It Includes any reimbursed you. amendments to those laws that are in effect F. Reimbursement for Actual Loss during the policy period. It does not include Sustained any other federal workers or workers' compensation law, other federal This endorsement provides only for occupational disease law or the provisions of reimbursement for the loss you actually any law that provide nonoccupational sustain. In order for you to recover lass or disability benefits. expenses under this reimbursement you Part Two (Employers' Liability Insurance), C. must: Exclusions, exclusion 8, does not apply to 1. actually sustain and pay the loss or work subject to the Longshore and Harbor expense in money after trial, or Workers' Compensation Act. 2. secure our consent for the payment of This coverage does not apply to work the loss or expense. subject to the Defense Base Act, the Outer G. Repatriation Continental Shelf Lands Act, or the Our reimbursement includes the additional Nonappropriated Fund Instrumentalities Act. expenses of repatriation to the United States Form WC 99 03 03 B Printed in U.S.A. (Ed. 8 /00) Page 5 of 6 SECTION M 1. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed In this Schedule of Covered States. C. Schedule of Covered States, B. It a state, shown in Item 3,A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement iv)II apply to this polley: The coverage will apply Ih the new state on the effective date of the state approval. Countersigned by Authorized Representative Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Page 6 of 6 Policy Number CA000013916 -02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARYINON- CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies Insurahce provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name or Person or Organization: City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers It is agreed that Commercial General Liability Coverage Form CG 00 01 Section IV paragraphs 4.b. and 4.c. do not apply with respect to other valid and collectible Commercial General Liability Insurance, whether primary or excess, available to the person or organization shown In the Schedule and: 1. Who Is an Insured under an Additional Insured - Owners, Lessees or Contractors endorsement attached to this policy; and Z. Who requires by specific written contract that this Insurance Is to be primary and /or non- contributory to other valid and collectible Insurance available to that person or organization. This endorsement does not change the scope of coverage provided to the person or organization by any Additional insured endorsement. All other terms and conditions remain unchanged.' AD 08 5712 03 Page 1 of 1 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 07/07/2010 Dept. /Contact Received From: Shauna Date Completed: 07/15/2010 Sent to: Shauna Oyler By: Michelle Ross Company /Person required to have certificate: GMF Sound Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: Admiral B. AM BEST RATING (A-: VII or greater): "A+ "(X111) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No $1,000,000 plus D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 Umbrella E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) N Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ❑ Yes N 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 1. 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. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Employers Mutual Ins. Co B. AM BEST RATING (A-: VII or greater) "A- "(XII) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $21VI min for Waste Haulers): $1,000,000 plus What is limits provided? $1,000,000 Umbrella E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Twin City Fire Ins. Co. B. AM BEST RATING (A-: VII or greater): "A "(XV) 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? GL) Carrier is non- admitted; Primary and Nun - Contributory Endurscmenl is missing Approved: p%QA / D Z0 Vbie, ? A 171 1 Broker of record for the City ❑ Requires approvallexceptiordwaiver by Risk Management B &B initials Comments: Approved: Risk Management Da to Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 NEWPORT COAST COMMUNITY CENTER AV EQUIPMENT CONTRACT NO 4139 DATE: 16 Z_0? � / D/o B lic Works Director TO: ALLPLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A.CONTRACT 1. Bid Opening Date Changed: Sealed bids shall be received until 10:OOAM on the 3`a day of June, 2010 2. Contractor License Classification Required: The Contractor with C -7 Contractor License can submit bid as long as the sub - electrical contractor holds a C -10 License. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. GMF SOUND, INC. Bidder's Name (Please Print) June 2, 2010 C Authorized Signature & Title Dennis Bethune, President f: \users \pbw\shared \contracts \fy 09- 10 \newport.coast comm ctr av c- 4139\addendum -no. I.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: o The undersigned dec)ares 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. 4139 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: 1. FA 3. 4. QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization five hundred Dollars and zero Cents $ 500.00 Per Lump Sum Lump Sum Electrical Work sevenden thousand five huAddted ninety six l� and zero Cents $ 17,596.00 Per Lump Sum Lump Sum Audiovisual Equipment - Gymnasium/Theater C111 :_thirty two thousandinli2r; and zero Cents S 32,000.00 Per Lump Sum Lump Sum Audiovisual Equipment - Large Divisible Community Room forte nino thnncnn9djars and zero Cents 49.000_00 Per Lump Scam PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND.LINIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORIjS PRICE PRICE 5. Lump Sum 6. Lump Sum 7. Lump Sum Audiovisual Equipment - Small Divisible_ Community Room @ ten thousand Dollars and zero Cents Per Lump Sum As -Built Plans @one thousand six huggWeinety seven and zero Cents 1. Per Lump Sum AudfoVlsuai Cart @nine thousand Dollars and �. Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS one hundred nineteen thousand'seven hundred.ninety three and zero Cents June 2. 2010 Date Phone 714- 282 -1559 / Fax 714- 282 -1942 Bidder's Telephone and Fax Numbers 340246 C -7 Bidder's License No(s). and Classifications) Bidder's email address: Peterk @gmfsound,Com $ 10,000.00 $1,697.00 $ 9.000.00 $ 119,793.00 Total Price (Figures) GMF SOUND, INC. Bidder's Authorized Signature and Title Dennis Bethune, President 1961 N.'htain; Orange, CA.; 92865 Bidder's Address Within seven calendar days after bids are opened, the Contractor shall submit to the Engineer, for review and approval, a 'Schedule of Values" for the Lump Sum construction items in this proposal. The Engineer will use said Schedule to calculate monthly progress payments during the term of construction and to pay for units of extra work. PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS 7 -15 CONTRACTOR LICENSES 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL ENCHANCEMENTS DESIGN SPECIFICATIONS SP1OF6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENTS CONTRACT NO. 4139 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B- 5208 -S); (3) the City's Standard Special Provisions and Standard Drawinas for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; (5) 2007 California Electrical Code, Article 640 (Appendix "A "). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of construction and related services required by the Contract Documents, including all labor, material, tools, equipment, and supervision as required for the installation of electrical requirements and audiovisual equipments at the Newport Coast Community Center at 6401 San Joaquin Hills Road, Newport Coast, CA 92657, and all other related work as required by the Contract Documents." SP2OF6 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 ............. ............................... 15 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 - -- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles fumished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SP3O1`6 SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within thirty -five (35) consecutive working days after the date on the Notice to Proceed. The Notice to Proceed shall be issued on July 26, 2010. Work inside the building shall be performed and completed during the week of August 30th to September 10th, 2010. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 20, (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1st, July 4th, November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." SP4OF6 6 -7.4 Working Hours. Normal working hours are limited to 7:30 AM to 5:00 PM, Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 PM to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7-5 PERMITS Replace this section with "This project is 'permit- ready'. The Contractor shall obtain an over - counter building permit from the City of Newport Beach Building Department. City of Newport Beach building permit and inspection fees will be waived." 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 or Electrical "C -10" License, and an InfoComm Certified Audio Visual Service Provider is required for the installation of audiovisual equipment. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. SP5OF6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of ail work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be The "As- Built" J shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9-- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Electrical Work: Work under this item shall include full compensation for furnishing the labor, materials, tools to provide and install raceway conduits with pull strings, raceway conduits for communication cables, power as designated, pull string in conduits, and other electrical work that shows in the Electrical Plans, Audiovisual Schematic Drawings, and meet the Audiovisual Performance Requirements as detailed in the Contract Documents. SP60F6 Item No. 3 Audiovisual Equipments for the Gymnasium/Theater C111: Work under this item shall include full compensation for furnishing the labor, materials, tools for the audiovisual equipments in the Gymnasium/Theater C111 as detailed in the Contract Documents and all other work items as required to complete the work in place. Item No. 4 Audiovisual Equipments for the Large Divisible Community Room C108 and C109: Work under this item shall include full compensation for furnishing the labor, materials, tools for the audiovisual equipments in the Large Divisible Community Room C108 and C109 as detailed in the Contract Documents and all other work items as required to complete the work in place. Item No. 5 Audiovisual Equipments for the Small Divisible Community Room C118 and C119: Work under this item shall include full compensation for furnishing the labor, materials, tools for the audiovisual equipments in the Small Divisible Community Room C118 and C119 as detailed in the Contract Documents and all other work items as required to complete the work in place. Item No. 6 As -Built Plans: Work under this item shall include costs of preparing final as -built drawings and the submittal of the as- builts on a CD -Rom disk. Item No. 7 Audiovisual Cart: Work under this item shall include full compensation for furnishing the labor, materials, tools for the AudioVisual Cart as detailed in the Contract Documents. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." * ** END OF SPECIAL PROVISIONS SECTION * ** The Contractor shall fully comply with the following Designer's Project Specifications pertaining to Newport Coast Community Center Audiovisual Enhancements Project which augments, but is not referenced to in the above sections of the Standard Specifications for Public Works Construction. AUDIOVISUAL SPECIFICATIONS Table of Contents PART 1 - GENERAL 1.1 SUMMARY 1.2 LOCATION OF JOBSITE 1.3 PRINCIPAL WORK FOR AUDIOVISUAL SCOPE 1.4 CODES, PERMITS AND INSPECTIONS 1.5 ABBREVIATIONS PART 2 - EXECUTION 2.1 ENGINEERING, SOFTWARE, EQUIPMENT PROCUREMENT, RACK BUILDING, CABLES, CONNECTORS AND POWER CORDS 2.2 DELIVERY, STORAGE, AND HANDLING 2.3 SCHEDULING, PROJECT MANAGEMENT, CONTRACT & INSURANCE REQUIREMENTS 2.4 SYSTEM INSTALLATION 2.5 BID SUBMISSION REQUIREMENTS 2.6 AVC SUBMITTALS AND IN -HOUSE TEST PROGRESS MILESTONES 2.7 ON -SITE TESTING & DEMONSTRATION OF FUNCTIONALITY 2.8 CUTOVER & TRAINING 2.9 SUPPORT & WARRANTY EXHIBIT A Audiovisual Functionality Overview EXHIBIT B Audiovisual Equipment for installation Appendix A: Article 640 — 2007 California Electrical Code 1 1 1 3 4 5 7 7 7 8 9 10 11 11 12 15 18 i PART 1 - GENERAL 1.1 SUMMARY This specification includes the following information: 1. Principal Work Responsibilities of the Contractor for audiovisual portion of the project 2. Detailed engineering, software, equipment, cable and connector requirements 3. Scheduling and Project management requirements 4. System Installation requirements 5. Bid Submission requirements 6. Bid Submittals and in -house test progress milestones 7. On -site testing 8. Training 9. Warranty 10. Abbreviation Table 1.2 LOCATION OF 1OBSITE Newport Coast Community Center 6401 San Joaquin Hills Road Newport Beach, CA 92660 1.3 PRINCIPAL WORK FOR AUDIOVISUAL SCOPE A. The principal scope of work shall include equipment procurement, detailed engineering, rack building, installation, low voltage cable terminations, software, testing, documentation, training, and warranty of audiovisual systems for the following facilities in the Newport Coast Community Center Project (Project). I. GYM/THEATER(C111) II. LARGE DIVISIBLE CLASSROOM (C117 /C7 18) 111. SMALL DIVISIBLE CLASSROOM (C108 /C109) B. The Contractor shall be responsible for coordinating AV system requirements with related work, materials and equipment being furnished and /or installed by others. The work done by others will include, but not be limited to, the following where they occur: I . Line Voltage Electrical & Power- All electrical panels, power receptacles, lighting fixtures, dimmers, lighting controls and interconnecting wiring, window covering controls and interconnecting wiring 2. Low Voltage Electrical - All conduits, wireways, connection boxes, pull boxes, junction boxes and other accommodations for routing of low voltage signal cabling; low voltage connectivity to screens, fire alarm, and lighting controls 3. AV Equipment Support Structures - Design, fabrication and installation of all structural supports required for rigid connection of AV equipment items to the building structure, (e.g., video projectors, loudspeakers, screens, etc.) 4. Related Signal Systems -All voice, data and television signal routing and distribution systems not individually named in this specification shall be provided under separate contract 5. Related Hardware Systems - All telephone, video conferencing, computer, satellite TV receivers, antennas and other hardware and equipment not individually named in this specification shall be provided under separate contract 6. Furniture and Millwork - All furniture and millwork, and modifications to same required to accommodate installation of AV equipment and related cabling and connections C. The Contractor shall be responsible for providing a complete and working system to the intent of this specification. This includes all equipment, cable, labor and material required whether expressly specified or not. Wireless systems must not introduce any interference with any other system. The drawings and general provisions of the contract apply to the work in this specification. For related work performed under the general contract, please refer to the latest construction documents and audiovisual drawings. D. In case of conflict within bid specification and design documentation, the strictest or the most advanced requirements shall take precedence. E. Supervision and Construction Procedures 1. The Contractor shall supervise and direct the Project, using his best skill and attention. Contractor is solely responsible for all construction means, methods, and techniques. 2. The Contractor shall employ a competent foreman who shall be in attendance at the project site during the progress of the Project. The foreman shall represent the Contractor and all communications given to the foreman shall be as binding as if given to the Contractor. F. Pricing Prices shall include: (a) Audiovisual equipment, cables, connectors, plates (b) Project Management (c) Field Coordination (d) Detailed Engineering (e) Shipping all AV equipment and related materials to the site (f) Unusual off -site storage requirements (g) Low voltage cable pulls and termination (h) Installation of all equipment noted on the equipment lists, including equipment designated as CFE (i) Testing (j) Training (k) Warranty (1) Programming, configuration and required software including software for equipment designated as CFE (m) Documentation (n) Expenses (o) Sales Tax 2. Prices shall exclude (unless explicitly specified in the bid package as to be provided by the Contractor): (a) Related construction /furniture (b) WAN /LAN /telephone line access /CATV distribution equipment and installation (c) Dedicated computers /peripherals (d) CFE (City Furnished Equipment) G. The bid price will be fixed upon award of the contract. H. The Contractor shall be responsible for all bid preparation costs. I. The Contractor shall refer to the Architect, MEP Engineer and the Telecom /data Consultant drawing sets as well as the system schematics and additional audiovisual requirements contained in the following audiovisual drawings: AV -0 AUDIOVISUAL ELECTRICAL NOTES, LEGEND AV -0.1 AUDIOVISUAL KEY PLAN AV -1.1 AUDIOVISUAL EQUIPMENT PLAN - GYMNASIUM/THEATER (C111) AV -1.2 AUDIOVISUAL ELECTRICAL PLAN - GYMNASIUM/THEATER (Cl 11) AV -1.3 AUDIOVISUAL ELECTRICAL SCHEDULE - GYMNASIUM/THEATER (Cl 11) AV -2.1 AUDIOVISUAL EQUIPMENT & ELECTRICAL PLAN - LARGE DIVISIBLE COMMUNITY RM (Cl 17 /Cl 18) AV -3.1 AUDIOVISUAL EQUIPMENT PLAN - SMALL DIVISIBLE COMMUNITY RM (C10B /C109) AV -3.2 AUDIOVISUAL ELECTRICAL PLAN - SMALL DIVISIBLE COMMUNITY RM (C108 /Clog) AV -D IAUDIOVISUAL DETAILS AVS -1 JAUDIOVISUAL SCHEMATIC DIAGRAMS 1.4 CODES, PERMITS AND INSPECTIONS A. All audiovisual work shall meet or exceed the latest requirements of all national, state, county, municipal, and other authorities exercising jurisdiction over the audio visual worts and the project. B. Any portion of the audiovisual work which is not subject to the requirements of an electric code published by a specific authority having jurisdiction shall be governed by the National Electrical Code and other applicable sections of the National Fire Code, as published by the National Fire Protection Association. C. Installation procedures, methods and conditions shall comply with the latest requirements of the Federal Occupational Safety and Health Administration (OSHA) and the Americans with Disabilities Act (ADA). D. Contractor shall secure and pay for all licenses, permits, plan reviews, engineering certifications, and inspections required by regulatory agencies. Contractor shall prepare, at Contractor's expense, any documents, including drawings , that may be required by regulatory agencies. E. All installed systems shall use U.L. listed equipment. 1.5 ABBREVIATIONS AVC- Audiovisual sub - Contractor EC- Electrical sub - Contractor EIA- Electronic Industries Alliance GC — General Contractor MEP-Mechanical/Electrical/Plumbing NTSC- National Television System Committee TIA- Telecommunications Industry Association PART 2 - EXECUTION 2.1 AUDIOVISUAL ENGINEERING, SOFTWARE, EQUIPMENT PROCUREMENT, RACK BUILDING, CABLES, CONNECTORS AND POWER CORDS A. Engineering: The Contractor shall provide all system engineering necessary to develop the complete systems described herein under Exhibit A, the Audiovisual Performance Overview. Engineering shall include preparation of all necessary electronic schematics, hardware drawings, custom connector panels, equipment rack layouts, cable and connector lists. B. Software: The Contractor shall provide all of the software design necessary to develop the complete systems described herein. Contractor shall seek additional instructions from the City Engineer (Engineer) prior to the start of the software design and control equipment programming. Wherever specified, Contractor shall use software code, control panel layouts and sequence of operation provided by the Engineer. Upon completion of the project, all software code will be property of City. C. Equipment and Rack Assembly: The Contractor shall procure all equipment as noted in the equipment lists, as well as other equipment required to provide full functionality with the exception of equipment specified in section 1.3F.2. The Contractor shall confirm the makes, models, types of inputs and necessary mounting equipment for CFE, and GCFE items and specify extension, routing and mounting equipment as necessary to accommodate the highest resolution and quality output /input signal. The Contractor shall seek approval of modifications from Engineer before procuring equipment. The Contractor shall integrate the equipment (including CFE equipment) in racks as required. Equipment substitutions are not allowed unless a product is unavailable; in this case the Contractor shall recommend an equivalent product for substitution pending approval. The Contractor shall be responsible for the design and provision of audiovisual table connectivity plates to comply with the selected tables and Engineer's connectivity requirements. D. Cables: 1. All cables installed shall meet applicable standards for the application intended. All speaker cables shall be plenum rated. 2. The Contractor shall determine building and other regulating authority requirements for cables installed as part of the AV scope of the project. This requirement applies to cables in air plenums as well as other areas. If the cable type indicated does not comply with these requirements, the Contractor shall propose alternate cable types, and /or encasement in complying raceways or conduits. 3. The recommended cable types are listed below: 4. The Contractor is responsible for providing clean and organized cable management of all AV cables to the satisfaction of Engineer. RGBHV 24Awg, 5 Conductor, Shielded VGA 26 Awg, 14 Conductor, Shielded Audio 22Awg, 2 Conductor, Shielded Speaker 16Awg, Stranded, 1 twisted pair Control 24Awg, 4 Conductor, Shielded DVI Extron DVI cables HDMI Extron HDMI cables E. Connectors: 1. Only premium quality cable connectors shall be used. All cable mounted connectors shall be covered by a connector hood or shall have crimp ferrules which securely grasp the cable outer jacket to provide protection to the rear connections made on the connector and provide strain relief for the cable. All connectors shall have incorporated a mechanical means of attaching the connector to its mate to assure that a connector will not become detached unless intentionally removed. 2. Audio Connector Requirements: Circular (XLR type): These shall be premium quality connectors with tarnish resistant contact surfaces. No connection shall be made to the shell terminal unless specifically called out in the drawings. 3. Video Connector Requirements: Only connectors with tarnish resistant contact surfaces shall be used. The center conductor pin and socket shall be captive and finished with gold or silver surfaced over nickel. All connectors shall be specified by the manufacturer as to be acceptable with the specific cable being used. 4. Connector Panel Receptacles: (a) Audio (microphone or line level): XLR type. (b) Audio (speaker level): Banana Plug connector type. (c) Audio (line level): RCA tip & shield or XLR type. Sleeve to be insulated from mounting panel. (d) Video: BNC or RCA type. These receptacles shall be 'Insulate- from - panel' type. F. Power Cords: 1. All equipment power cords shall terminate in a standard plug which shall be wired in compliance with applicable wiring regulations. 2. The power cord connector type at the equipment shall be provided by the manufacturer. Custom power connectors shall not be ordered. If the manufacturer provides a choice, a removable power cord is preferred. 3. The power cord may be laced to the rack as long as the cord is removable at the power connector on the piece of equipment. This is to allow removal of the equipment without undoing the cable lacing. Power cords shall not be laced in the some bundle with signal or control cables. If the power cord is an active component of the equipment, the cable shall be dressed separately from all other cables terminating at the equipment to facilitate easy removal of the equipment. 2.2 DELIVERY, STORAGE, AND HANDLING A. Delivery to Job Site: Contractor shall have total responsibility for safe and secure delivery of equipment and tools to the job site. Areenage deliveries of systems in accord with construction schedules to avoid conflict. B. Storage and Protection: Engineer is not responsible for the care, storage or security of any of the Contractor's tools or equipment. C. The Contractor shall coordinate with the Engineer or Project Manager for staorage of the equipment in a secured location prior to installation. 2.3 SCHEDULING, PROJECT MANAGEMENT, CONTRACT AND INSURANCE REQUIREMENTS A. The Contractor shall provide all necessary project management and supervisory personnel required to assure the accurate, professional and timely implementation of the project. The Contractor shall work the necessary hours required to meet the project milestones. All audiovisual systems need to be fully functional prior to the facility "open for business" date. B. The Contractor shall prepare an installation schedule subject to review and approval by the Project Team. The Contractor (AV) will be required to closely coordinate work with other subcontractor activities. C. The Contractor shall ensure that all Contractor- furnished items are procured, delivered, and installed in accordance with the project schedule. D. The Contractor shall bench test all new equipment prior to delivery to the job site. E. The Contractor shall contract with the City and comply with their terms and conditions. F. The Contractor shall comply with City's Insurance requirements. G. The Contractor shall comply with City's health and safety requirements. H. The Contractor shall comply with City's security requirements. 2.4 SYSTEM INSTALLATION A. Installation shall include the following: 1. Uncmting, setting in place, fastening to walls, floors, ceilings, counters, or other structures where required of all equipment except as otherwise noted. 2. Pulling, terminating and labeling (in accordance with EIA/TIA 606 standard, using printed labels only) of low voltage cable and wiring at equipment, racks, table connector plates. 3. Equipment alignment and adjustment. 4. Connection to low voltage interfaces for lighting, fire alarm, testing and trouble- shooting. 5. Integration of city- furnished equipment in equipment racks. 6. Connection to data, phone and TV outlets; set up of systems to allow remote network control and enable control panel operation using the City's wireless access points (if required by the Engineer). 7. Set up of video and audio conference network and telephone addresses /numbers, testing and configuration. 8. All other work whether or not expressly required herein which is necessary to result in completely tested and operating systems. B. All equipment shall be firmly secured in place unless requirements of portability dictate otherwise. Fastenings and supports shall be adequate to support their loads with a safety factor of at least three, and shall comply with all local seismic requirements. C. The Contractor shall order all required parts and equipment upon notification of award of the Project. D. All exposed mounts, panels and cables shall be finished to match the wall /ceiling where they are installed, unless otherwise noted. E. All boxes, equipment, etc. shall be plumb and square. F. Grounding Practices: In order to minimize problems resulting from improper grounding, and to achieve maximum signal -to -noise ratio, the following grounding procedures shall be adhered to: 1. A single "system ground" point shall be established for the system. This system ground shall consist of a single grounding point to which all grounds in the system are connected. The system ground shall be located in the rack. Under no conditions shall the AC neutral, either in a power panel or in receptacle outlets, be used for a reference ground. 2. Audio cable shields shall be connected to ground at one point only. This ground point shall be at the system ground of the signal destination component, which shall be strapped to the system ground in the rack. For intra -rack wiring this requires the shield to be connected at both ends, but grounded at only one end. 3. Due to the great number of variations possible in grounding systems, it shall be the responsibility of the Contractor to follow good engineering practices as outlined above, and to deviate from the practice only when necessary to minimize crosstalk and to maximize signal -to -noise ratio in the audio and video systems. 4. Video receptacles shall be insulated from the connection box. Unless otherwise detailed herein, this shall be accomplished by using "insulated- from - ground" receptacles. G. The installation of the audiovisual equipment and cabling must be clean and neat with no exposed cables. 2.5 BID SUBMISSION REQUIREMENTS A. The Bid submission must include the following documentation, in addition to the City's Bid Submittal Standard listed in the Invitation to Bid: 1. Verification of status as an InfoComm Certified Audio Visual Service Provider 2. Organizational chart for the project indicating key project members and responsibility descriptions. 3. Resumes for project team members. Indicate which team members are employees. 4. Implementation schedule based on the current project schedule. 5. Confirmation of compliance with all the bid specification requirements, listing exceptions (if any). 6. Pricing should be submitted per City's Notice inviting Bid, PR -1 &2. 7. Length of time this pricing structure will hold after move -in, should the Engineer decide to order any additional equipment. 8. A spare part policy to include whether direct component substitutions are maintained in shop, or whether City needs to buy spares of critical items. If the City needs to buy spares of critical items, provide an itemized list of critical spare parts. B. Major Criteria for Evaluating Bid: 1. Firm stability, reputation and discretion. 2. Experience with custom applications. 3. Ability to provide a meticulous installation in a complex commercial construction environment. 4. Quality of references. 5. Ability to properly staff and deliver the project on time. 6. Overall budget. 7. Ability to meet the project schedule. C. The bid shall be for the equipment specified in the equipment lists and any additional equipment required to ensure a complete and working system. Additional equipment shall be included in the spreadsheet using a different color. Equipment substitutions will not be allowed. 2.6 CONTRACTOR SUBMITTALS AND IN -HOUSE TEST PROGRESS MILESTONES Definition: System Documentation is a complete collection of all installation, programming, operation , and maintenance manuals and work sheets relating to the equipment provided as part of the Project. A. Prior to fabrication and software coding, Contractor shall submit shop drawings /documentation to Engineer for approval of all custom designs pertaining to the audiovisual systems, including the following: 1. Control Panel layouts for control systems. 2. All custom control panels, connector plates and designation strips to be punched, engraved or silk - screened. Drawings shall specify all relevant terminology, engraving, finishes, colors and materials. 3. Schematic drawings of custom circuits. 4. All equipment modifications. 5. Final audiovisual system schematic drawings. 6. Shop and field wiring diagrams, including cable types and functional description. 7. Final equipment rack layouts. 8. Shop drawings for custom equipment, including fabrication and installation requirements. B. Upon completion, the Contractor shall submit manufacturers' equipment manuals for each major piece of equipment in electronic format on CD /DVD -ROM. C. Upon completion, the Contractor shall submit a user guide describing control panel operation of the audiovisual system in electronic (CD /DVD -ROM) and printed (full color) formats. The minimum of three (3) copies of printed user guides per room shall be provided. D. Upon completion, the Contractor shall submit "as- built" drawings and a maintenance manual providing detailed technical information as required to maintain the AV systems. This documentation shall include, but not be limited to, system schematics, equipment calibration settings and maintenance data. One (1) copy per room shall be provided. E. Upon completion, the Contractor shall provide Engineer with all of the software used in the project including the equipment configuration files, control system source code, IR libraries, custom modules and touch panel files. F. Contractor shall maintain a file of System Documentation at the project site throughout the course of the Project. Such file shall be updated with new information as equipment is received and installed. System Documentation shall be available for inspection by Engineer or Project Manager on a daily basis. 2.7 ON -SITE TESTING & DEMONSTRATION OF FUNCTIONALITY A. System Performance: The Contractor shall perform all tests and adjustment and furnish all test equipment necessary and perform the work required to verify system performance. The scope of this work includes, but is not limited to, the following: 1. Check and adjust all audio, including all inputs and outputs, for compliance with the system specifications. 2. Confirm all remote control functions from all origination points to all controlled locations for proper operation. 3. Check and adjust visual system projected image for uniform brightness, minimum keystone, focus and compliance with the manufacturers' published specifications. Check to determine that all projectors and related devices are rigid and vibration less in operation. 4. Check, adjust, balance, equalize and calibrate all AV equipment as required for optimum quality. This includes equipment which is provided and /or installed by others. Establish and tabulate normal settings for all level controls. These settings shall be recorded in the maintenance manual for reference. 5. Take and record system distortion, hum and noise level measurements. 6. Administer signal circuit wiring checks. 7. Set up the wireless control panels to operate via the City's wireless network where requested. 8. Set up the control systems in each room to enable remote control via City network. B. Audio Performance: The equipment specified for the audio portion of the AV System, when properly installed and adjusted, is capable of meeting the following performance goals. Loudness: Through the general seating area the media and PA audio systems should produce a sound level greater than 90 dB when reproducing typical program material. This specification shall be verified after the system has been equalized to meet the frequency response specification. An approved sound level meter, set to "C" weighting and "SLOW" meter response shall be used to make the measurement. Program peaks should exceed 95 dB without audible buzzing, rattling, clipping or other distortion. Hum and Noise: With system gain set for 85 dB peak levels from any normal program source, electrical noise should not exceed 0.2 volts RMS at power amplifier output terminals. Operation of various system controls such as program source, gain 10 control, lighting controls, etc. should not introduce objectionable noise into the system. 3. Frequency Response: Using accepted and approved 1/3 octave analysis procedures the response of left and right channels will be equalized to within 3 dB of the specified PA and Media Acoustic Response. This requirement may be relaxed if the Engineer requests a modified response contour to meet specialized requirements or to match other existing sound systems. It is important that loudspeakers crossover settings sound systems. It is important that loudspeakers crossover settings and equalization be trimmed to result in the closest possible match between left and right loudspeakers, as measured at a favorable listening location on the centerline of the screen. C. Video System Performance: 1. Given that the equipment related to video presentation in the audiovisual system represents a variety of different specifications, the quality of a particular display is dependent on the optimization of each link in the signal chain preceding it. Generally, when properly installed and adjusted, all standard video will conform to the PAL specification. Computer generated video should meet the specification for the particular image type. 2. In addition to accurate color presentation, displays should achieve the equipment manufacturer's specified light output with minimal edge falloff. The brightness ratio of the video image should be sufficient to produce good contrast as demonstrated by the even transition from black to white on the gray scale. 2.8 CUTOVER & TRAINING A. Requirements: The Contractor shall provide up to 20 hours of technical training for the City's staff instructing them on AV system capabilities, maintenance and troubleshooting. The specific structure, scheduling and quantity of manuals shall be established by Contractor in cooperation with City prior to completion of installation. 2.9 SUPPORT & WARRANTY A. Requirements: The Contractor shall warrant all the equipment and the overall audiovisual system installation for a period of one (1) year from date of acceptance. The Contractor shall respond within 1 business day to all warranty calls. The system warranty shall include parts and labor. The manufacturers' equipment warranties shall apply to all purchased equipment. If equipment modification by the Contractor voids the manufacturer's warranty, the Contractor shall assume the equivalent equipment warranty. City Furnished Equipment (CFE) and equipment furnished by others shall be excluded from the warranty. 11 EXHIBIT A NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL FUNCTIONALITY OVERVIEW Component Quantity Purpose Location Notes I. AVl Divisible Multipurpose Room 1.2 AV Sources 1.2.1 Auxiliary Audio Input 2 Routes Stereo Audio to speakers Media Cabinet, Control Station Auxiliary Audio Device CFE 1.3 Data Sources 1 Allows system PC CFE remote control central from any enabled PC, needs 1.4 Audio to run an executable Reproduction 1.4.1 Ceiling speakers 16 Reproduces all AV, Ceiling speakers CFE, data and voice need to provide sources Amp, split into 2 Zones 1.4.2 Wireless 4 Originates audio for Table, Floor Table and Floor Handheld room, voice Stands, 2 CFE Microphone amplification 1.4.3 Wireless Lov 1 Voice Lift for room Mobile Microphone 1.4.4 Wireless 1 Orignates audio for Mobile Headset presenter Microphone 1.4.5 Audio Mixer 1 Audio Mixer bypass Control Station Manual Mixer Bypass for 4 wireless CFE handheld and 1 wireless lay 1.5 Cameras 1.6 Signal Routing 1.6.1 Internal router 1 Distributes all local Equipment rack audio to ceiling sneakers 1.7 Remote Control 1.7.1 Wireless control 1 Allows local Portable Master Control panel equipment operation 1.7.2 IP enabled 1 Allows system PC CFE remote control central from any enabled PC, needs to run an executable 12 Component Quantity Purpose Location Notes H. AV2 Large Divisible Classroom 1 (C1117/018) 2.1 Visual Display 2.1.1 Projector 1 Display video soffit 2.2 AV Sources Aux Audio Input 2.2.1 DVD/VCR Player 1 Route Audio to Media cabinet Media ceiling speakers, video to projector 2.2.2 CATV tuner, HD CFE Route Audio to Media cabinet Tuner CFE Cabinet wiling speakers, video to projector 2.2.3 CD Player w/ pitch 2 Routes Audio to Media cabinet control wiling speakers 2.2.4 Aux Audio Input 2 Routes Audio to Media Audio Player Panel ceiling Speakers Cabinet CFE, iPod compatible, both rooms 2.3 Data Sources 2.4 Audio Reproduction 2.4.1 Ceiling 14 Reproduces all AV Ceiling Speakers CFE Loudspeaker and data audio sources 2.4.2 Wireless Lov 1 Originates audio Mobile For 0117 or for presenter combined 2.4.3 Wireless Headset 2 Originates audio Mobile For C117 or Microphone for presenter combined and 0118 2.5 Cameras 2.6 Signal Routing 2.6.1 Internal router 1 Distributes all local Equipment audio to ceiling rack speakers 2.7 Remote Control 2.7.1 Wired Control 2 Allows local Wall Cl 17 has Panel equipment control for operation combined mode 2.7.2 IP enabled remote 1 Allows system PC CFE control control from any enabled PC, needs to run an 13 Component Quantity Purpose Location Notes 111. AV3 Small Divisible Classroom(C108 /C709) 1 3.2.1 Aux Audio Input Panel 2 Routes Audio to Media Audio Player ceiling Speakers Cabinet CFE, Wad exclusive 3.4 Audio Reproduction 3.4.1 Ceiling Speakers 8 Reproduces all Ceiling Speakers CFE AVand data audio 3.6.1 Internal router sources Equipment 3.4.2 Audio Receiver 1 Controls Volume Media C109, and zoning for Cabinet Controls all audio sources 3.7 Remote Control audio until control system Manufacturer's Remotes 1 Allows local is added 3.5 Cameras 3.6 Signal Routing 3.6.1 Internal router 1 Distributes all local Equipment audio to ceiling rack speakers 3.7 Remote Control 3.7.1 Manufacturer's Remotes 1 Allows local Mobile equipment operation 3.7.2 IR Extenders 2 Allows local Wall equipment operation from long distances Component Quantity Purpose Location Notes IV. AV4 AV cart (shared) 1 4.1 Visual Display 52" LCD 1 Display video cart sources 4.2.1 DVD player 1 Plays user provided cart DVD 14 EXHIBIT B AUDIOVISUAL EQUIPMENT FOR INSTALLATION Project: Newport Coast Community Center Facility: Gym/Theater(C111) QTY UNIT MANUFACTURER PART NUMBER DESCRIPTION Sound /Control 16 ea CFE CFE Speakers 1 ea Clearone 910- 155 -001 Converge PSR1212 12x12 Digital Mixer 5 ea Extron 60- 440 -01 1 x3 Stereo Audio DA 1 ea QSC CX108V 8 channels, 100 watts /ch at 70V 2 ea Shure ULXP24 /BETA58 ULX Handheld with Beta58 Microphone 1 ea Shure ULXS14 /83 ULX Bodypack with WL183 Lavalier Microphone 4 ea Shure MS -10C Floor Stand, Chrome 4 ea Shure S37A Desk Stand 1 ea Shure WH2OTQG Headset Microphone 1 ea Shure ULXI ULX Wireless BodypackTransmitter 1 ea Shure ULXP4 ULX Wireless professional receiver 2 eo Shure UA844SWB Antennae Rack Kit 1 ea Middle Atlantic ERK- 3520LRD 35 Space Equipment Rack less rear door 1 ea Middle Atlantic ERK -RR35 35 Space Rear Rails 1 ea Middle Atlantic ERK -VT Vented Top for Equipment Rack 1 ea Mid - Atlantic RKW Casters for Rack 2 ea Middle Atlantic PD- 2015R -NS Rackmounted Power Distributor I ea Furman PS -8RS2 Power Sequencer 1 ea Crestron TPMC -8X Isys 8' Wi -Fi Touchponel I ea Crestron TPMC -8X -DS Docking Station /Charger forTPMC -8 1 ea Crestron ST -10 Crestnet Input/Output Module I ea Crestron ST -RMK Rack Mount 1 ea Crestron CNFWS -75 External Power Supply 1 00 Crestron CNRJI 1 4- Wire to RJI I Converter 1 ea Crestron MC2E Compact Control System with Ethernet 1 as Linksys WRT54G Wireless Router 1 Lot As Required Custom Plata$ 1 Lot As Required Custom Miscellaneous Cables and Connectors 15 AUDIOVISUAL EQUIPMENT FOR INSTALLATION Project: Newport Coast Community Center Facility: Large Divisible Class (C117 /C118) QTY UNIT MANUFACTURER PART NUMBER DESCRIPTION Display /Routing ea Marontz DN -C635 Studio CD Player w/ Pitch Control 1 ea Panasonic PT- DW6300S 6000 Lumen 1280x800 Projector 1 ea Panasonic ET- DLE150 Zoom Lens (1.4- 2.0:1) 1 ea Chief WMA300 Single Stud Wall Arm 1 ea Chief VCM72F Projector Mount 1 ea Chief CMS006 6" Fixed Pipe 1 ea CFE CFE CATV Tuner(CFE) 1 ea Samsung DVD -V9800 DVD/VCR 1 ea CFE CFE PC / Laptop (CFE) 1 ea Extron 60- 319 -01 P/2 DAI Distribution Amplifier 1 ea Extron 60- 257 -02 SW2 VGArs 1 ea Middle Atlantic RSH -4A Rack Mount for VHS VCR 1 ea Middle Atlantic U2 Fixed Rack Shelves 1 ea Crestron ST -COM Dual RS232 Control Modules 1 Lot Custom Custom Plates 1 Lot As Required Custom Miscellaneous Cables and Connectors Sound /Control 2 ea Marontz DN -C635 Studio CD Player w/ Pitch Control 14 ea CFE CFE Speakers 1 ea Tamp Nexia CS 8- Wide Band Audio Mixer 1 ea QSC CX108V 8 channels, 100 watts/ch at 70V 1 ea Shure ULXS14 /83 ULX Bodypack with WL183 Lavalier Microphone 2 ea Shure WH2OTQG Headset Microphone 2 ea Shure ULXI ULX Wireless Bodypack Transmitter 2 ea Shure ULXP4 ULX Wireless professional receiver 2 ea Middle Atlantic RK -12 21" Equipment Rack 2 ea Middle Atlantic RRF -12 Rack Rails (Qty. 2) 1 ea Middle Atlantic ERK- 212OLRD 21 SPACE 19 1/2" DEEP STAND ALONE RACK 1 ea Middle Atlantic ERK -RR21 21 SPACE ERK REAR RAIL KIT 1 ea Middle Atlantic ERK -VT Vented Top for Equipment Rack 1 ea Mid - Atlantic RKW Casters for Rack 1 ea Middle Atlantic PD- 2015R -NS Rackmounted Power Distributor 1 ea Furman PS -8RS2 Power Sequencer 1 eo Crestron ST -RMK Rack Mount 1 ea Crestron CNFWS -75 External Power Supply 1 ea Crestron CNRJI 1 4- Wire to RJI 1 Converter 2 ea Creston TPS -41. 3.6" Wall Mount Touch Panel 2 ea Crestron BB -41. Wall Mount Back Box 1 ea Crestron MP2E 258 MIPS 2 -Series Processor w/ Nit Card 1 ea Custom Custom Plates 1 Lot As Required Custom Miscellaneous Cables and Connectors 16 AUDIOVISUAL EQUIPMENT FOR INSTALLATION Project: Newport Coast Community Center Facility: Small Divisible Class (C108/C109) QTY UNIT MANUFACTURER PART NUMBER DESCRIPTION Sound /Control Clearone 911 - 300 -101 Titan Single Plasma Cart ea 8 ea CFE CFE Speakers 1 ea Marantz AVR -989P AV Receiver 1 ea QSC ISA300Ti 300w 70V Amplifier 1 ea Furman PS -8RS2 Power Sequencer 1 ea Middle Atlantic RK -12 21" Equipment Rack 1 ea Middle Atlantic RRF -12 Rack Rails (Qty. 2) 1 ea Xantech 781 C Power Supply 1 ea Xantech CB60 Connecting Block 1 ea Xantech 282 -00 Mini Emitter 2 ea Xontech 480 -85 LCD Friendly Dlink Link 1 lot Custom Custom Plates 1 lot As Required Custom Miscellaneous Cables and Connectors AUDIOVISUAL EQUIPMENT FOR INSTALLATION Project: Newport Coast Community Center Facility: AV Cart (shared) QTY UNIT MANUFACTURER PART NUMBER DESCRIPTION ea Clearone 911 - 300 -101 Titan Single Plasma Cart ea Chief PSTU Adapter Plate and Mount ea LG 55LH400C 55" LCD Display ea LG DN898 1080p DVD Player lot As Required Custom Miscellaneous Cables and Connectors 17 APPENDIX A ARTICLE 640 AUDIO SIGNAL PROCESSING, AMPLIFICATION AND REPRODUCTION EQUIPMENT (2007 CALIFORNIA ELECTRICAL CODE) 18 640.1 ARTICLE 640 - AUDIO SIGNAL PROCESSING, AMPLIFICATION, AND REPRODUCTION EQUIPMENT (B) Spread of Fire and Products of Combustion. The installation shall comply with 300.21. (C) Signs. A permanent sign shall be attached to the cable tray at intervals not greater than 6.0 m (20 fi). The sign shall read as follows: CABLE TRAY FOR WELDING CABLES ONLY I. General 640.1 Scope. This article covers equipment and wiring for audio signal generation, recording, processing, amplification and reproduction; distribution of sound; public address; speech input systems; temporary audio system installations; and electronic organs or other electronic musical instruments. This also includes audio systems subject to Article 517, Part VI, and Articles 518, 520, 525, and 530. FPN No. l: Examples of permanently installed distributed audio system locations include, but are not limited to, restaurant, hotel, business office, commercial and retail sales environments, churches, and schools. Both portable and permanently installed equipment locations include, but are not limited to, residences, auditoriums, theaters, stadiums, and movie and television studios. Temporary installations include, but are not limited o, auditoriums, theaters, stadiums (which use both temporary and permanently installed systems), and outdoor events such as fairs, festivals, circuses, public events, and concerts. FPN No. 2: Fire and burglary alaam'signaling devices are specifically not encompassed by this article. 640.2 Definitions. For purposes of this article, the following definitions apply. Abandoned Audio Distribution Cable. Installed audio distribution cable that is not terminated at equipment and not identified for future use with a tag. Audio Amplifier or Pre - Amplifier. Electronic equipment that increases the current or voltage, or both, potential of an audio signal intended for use by another piece of audio equipment. Amplrfrer is the tents used to denote an audio amplifier within this article. Audio Autotraesformer. A transformer with a single winding and multiple taps intended for use with an amplifier loudspeaker signal output. Audio Signal Processing Equipment. Electrically operated equipment that produces, processes, or both, electronic signals that when appropriately amplified and reproduced by a loudspeaker, produce an acoustic signal within the range of normal human hearing (typically 20-20 kHz). Within this article, the terms equipment and audio equipment are assumed to be equivalent to audio signal processing equipment. FPN: This equipment includes, but is not limited to, loudspeakers; headphones; prix- amplifiers; microphones and their power supplies; mixers; MIDI (musical instrument digital interface) equipment or other digital control systems; equalizers, compressors, and other audio signal processing equipment, and audio media recording and playback equipment, including turntables, tape decks and disk players (audio and multimedia), synthcsizers, lone generators, and electronic organs. Electronic organs and synthesizers rosy have integral or separate amplification and loudspeakers. With the exception of amplifier outputs, virtually all such equipment is used to process signals (utilizing analog or digital techniques) that have nonhazardous levels of voltage or current potential. Audio System. Within this article, the totality of all equipment and interconnecting wiring used to fabricate a fully fuectional audio signal processing, amplification, and reproduction system. Audio Transformer. A transformer with two or more electrically isolated windings and multiple taps intended for use with an amplifier loudspeaker signal output. Equipment Rack. A framework for the support, enclosure, or both, of equipment; may be portable or stationary. See ANSI/EIA/310- 0.1992, Cabinets, Racks, Panels and Associated Equipment. Loudspeaker. Equipment that converts an ac electric signal into an acoustic signal. The term speaker is commonly used to mean loudspeaker. Maximum Output Power. The maximum output power delivered by an amplifier into its rated load as determined under specified test conditions. This may exceed the manufacturer's rated output power for the same amplifier. Mixer. Equipment used to combine and level thatch a multiplicity of electronic signals, such as from microphones, electronic instruments, and recorded audio. Mixer- AmpUfter. Equipment that combines the functions of a mixer and amplifier within a single enclosure. Portable Equipment. Equipment fed with portable cords or cables intended to be moved from one place to another. Powered Loudspeaker. Equipment that consists of a loudspeaker and amplifier within the same enclosure. Other signal processing may also be included. Rated Load Impedance. The amplifier ianufacturer's stated or marked speaker impedance into which an amplifier will deliver its rated output power. 251, 451, and 851 are typical ratings. 70.510 tam CeRfnana Electrical Cade ARTICLE 640 - AUDIO SIGNAL PROCESSING, AMPLIFICATION, AND REPRODUCTION EQUIPMENT 640.6 Rated Output Power. The amplifier manufacturer's stated or marked output power capability into its rated load. Rated Output Voltage. For audio amplifiers of the constant - voltage type, the nominal output voltage when the amplifier is delivering full rated power. Rated output voltage is used for determining approximate acoustic } output in distributed speaker systems that typically employ impedance matching transformers. Typical ratings are 25 volts, 70.7 volts, and 100 volts. Technical Power System. An electrical distribution system with grounding in accordance with 250.146(D), where the equipment grounding conductor is isolated from the premises grounded conductor except at a single grounded termination point within a branch - circuit panelboard, at the originating (main breaker) branch - circuit panelboard, or at the premises grounding electrode. Temporary Equipment. Portable wiring and equipment intended for use with events of a transient or temporary nature where all equipment is presumed to be removed at the conclusion of the event. 640.3 Locations and Other Articles. Circuits and equipment shall comply with 640.3(A) through 640.3(L), as applicable. I(A) Spread of Fire or Products of Combustion. The accessible portion of abandoned audio distribution cables i shall be removed. See 300.21. (B) Duets, Plenums, and Other Air - Handling Spaces. See 300.22 for circuits and equipment installed in ducts or plenums or other space used for environmental air. FPN: NFPA 90A -2002, Standard for the Installation of Air Conditioning and Ventilation Systems, Section 4.3.10.2.6.5, permits loudspeakers, loudspeaker assemblies, and thew accessories listed in accordance with UL 2043 -1996, .Pere Test for Heat and Visible Smoke Release for Discrete Products and Their Accesrories Installed in Air - Handing Spaces, to be installed in other spaces used for environmental air (ceiling cavity plenums). (C) Cable Trays. Cable trays shall be used in accordance with Article 392. FPN: See 725.61(6) for the use of Class 2, Class 3, and Type PLTC cable in cable trays. (D) Hazardous (Classified) Locutions. Equipment used in hazardous (classified) locations shall comply with the applicable requirements of chapter 5. (E) Assembly Occupancies. Equipment used in assembly occupancies shall comply with Article 518. (F) Theaters, Audience Areas of Motion Picture and Television Studios, and Similar Locations. Equipment used in theaters, audience areas of motion picture and television studios, and similar locations shall comply with Article 520. 2007 Cadforie EkddCal Code (G) Carnivals, Circuses, Fairs, and Similar Events. Equipment used in carnivals, circuses, fairs, and similar events shall comply with Article 525. (fl) Motion Picture and Television Studios. Equipment used in motion picture and television studios shall comply with Article 530. (i) Swimming Pools, Fountains, and Similar Locations. Audio equipment used in or near swimming pools, fountains, and similar locations shall comply with Article 680. (J) Combination Systems. Where the authority having jurisdiction permits audio systems for paging or music, or both, to be combined with fire alarm systems, the wiring shall comply with Article 760. FPN: For installation requirements for such combination systems, refer to NFPA 72OL2002, National Fire Alarm Cc &0, and NFPA 1010-2003, LI& Safety Code* (K) Antennas. Equipment used in audio systems that contain an audio or video tuner and an antenna input shall comply with Article 810. Wiring other than antenna wiring that connects such equipment to other audio equipment shall comply with this article. (L) Generators. Generators shall be installed in accordance with 445.10 through 445.12, 445.14 through 445.16, and 445.18. Grounding of portable and vehicle - mounted generators shall be in accordance with 250.34. 640.4 Protection of Electrical Equipment. Amplifiers, loudspeakers, and other equipment shall be so located or protected as to guard against environmental exposure or physical damage, such as might result in fire, shock, or personal hazard. 6405 Access to Electrical Equipment Behind Panels Designed to Allow Access. Access to equipment shall not be denied by an accumulation of wires and cables that prevents removal of panels, including suspended ceiling panels. 640.6 Mechanical Execution of Work. Equipment and cables shall be installed in a neat workmanlike manner. Cables installed exposed on the surface of ceilings and sidewalls shall be supported in such a manner that the cables will not be damaged by normal building use. Such cables shall be supported by straps, staples, hangers, or similar fittings designed and installed so as not to damage the cable. The installation shall conform to 300.4(D) and 300.11. FPN: Accepted industry practices arc described in ANSVNECA/BICSI 568-2001, Standard for Installing Commercial Building Telecommunications Cabling, and other ANSI - approved installation standards. y0 -511 640.7 ARTICLE 640— AUDIO SIGNAL PROCESSING, AMPLIFICATION, AND REPRODUCTION EQUIPMENT 640.7 Grounding. (A) General. Wireways and auxiliary gutters shall be grounded and bonded in accordance with the requirements of Article 250. Where the wireway or auxiliary gutter does not contain power- supply wires, the equipment grounding conductor shall not be required to be larger than 14 AWG copper or its equivalent. Where the wireway or auxiliary gutter contains power-supply wires, the equipment grounding conductor shall not be smaller than specified in 250.122. (B) Separately Derived Systems with 60 Volts to Ground. Grounding of separately derived systems with 60 volts to ground shall be in accordance with 647.6. (C) Isolated Ground Receptacles. Isolated grounding - type receptacles shall be permitted as described in 250.146(D), and for the implementation of other technical power systems in compliance with Article 250. For separately derived systems with 60 volts to ground, the branch- circuit equipment grounding conductor shall be terminated as required in 647.6(B). FPN: See 406.2(D) for grounding -type receptacles and required identification. 640.8 Grouping of Conductors. Insulated conductors of different systems grouped or bundled so as to be in close physical contact with each other in the same raceway or other enclosure, or in portable cords or cables, shall comply with 300.3(0)(1). 640.9 Wiring Methods. (A) Wiring to and Between Audio Equipment. (1) Power Wiring. Wiring and equipment from source of power to and between devices connected to the premises wiring systems shall comply with the requirements of Chapters 1 through 4, except as modified by this article. (2) Separately Derived Power Systems. Separately derived systems shall comply with the applicable articles of this Code, except as modified by this article. Separately derived systems with 60 volts to ground shall be permitted for use in audio system installations as specified in Article 647. (3) Other Wiring. All wiring not connected to the premises wiring system or to a wiring system separately derived from the premises wiring system shall comply with Article 725. (B) Auxiliary Power Supply Wiring. Equipment that has a separate input for an auxiliary power supply shall be wired in compliance with Article 725. Battery installation shall he in accordance with Article 480. FPN No. l: This section does not apply to the use of uninterruptible power supply (UPS) equipment, or other sources of supply, that are intended to act as a direct replacement for the primary circuit power source and are connected to the primary circuit input. FPN No. 2: Refer to NFPA 71 -2002, National Fire Alarm Code, where equipment is used for a fire alarm system. (C) Output Wiring and Listing of Amplifiers. Amplifiers with output circuits carrying audio program signals shall be permitted to employ Class 1, Class 2, or Class 3 wiring where the amplifier is listed and marked for use with the specific class of wiring method. Such listing shall ensure the energy output is equivalent to the shock and fire risk of the same class as stated in Article 725. Overcurrent protection shalt be provided and shall be permitted to be inherent in the amplifier. Audio amplifier output circuits wired using Class 1 wiring methods shall be considered equivalent to Class 1 circuits and shall be installed in accordance with 725.25, where applicable. Audio amplifier output circuits wired using Class 2 or Class 3 wiring methods shall be considered equivalent to Class 2 or Class 3 circuits, respectively. They shall use conductors insulated at not less than the requirements of 725.82 and shall be installed in accordance with 725.54 and 725.61. FPN No. l: ANSI/UL 1711 -1994, Amplifiers for Fire Proractim Signaling Systems, contains requirements for the listing of amplifiers used for fire alarm systems in compliance with NFPA 71- 2002, National Fire Alarm Code. FPN No. 2: Examples of requirements for listing amplifiers used in residential, cotrenercial, and professional me are found in ANSIIUL 813 -1996, Commercial Audio Equipment; ANSVUL 1419 -1997, Arofessional Video and Audio Equipment, ANSI/UL 1492 -1996, Audio-Video Products and Accessories; and ANSVM 6500 -1996, Audio/Video and Musical Instrument Apparatus far Household, Commercial, and Similar Use. (D) Use of Audio Transformers and Autotransfermers. Audio traridortners and autotransformers shall be used only for audio signals in a manner so as not to exceed the manufacturer's stated input or output voltage, impedance, or power limitations. The input or output wires of an audio transformer or autotransformer shall be allowed to correct directly to the amplifier or loudspeaker terminals. No electrical terminal or lead shall be required to be grounded or bonded. 640.10 Audio Systems Near Bodies of Water. Audio systems new bodies of water, either natural or artificial, shall be subject to the restrictions specified in 640.10(A) and 640.10(B). Exception: This section does not include audio systems _ intended for use on butts, yachts, or other forms of land a• water transportation used new bodies of water, whether or not supplied by branch - circuit power. FPN: See 680.27(A) for installation of underwater audio equipment. 70.512 2007 Califomia Electrical Code ARTICLE 640 —AUDIO SIGNAL PROCESSING, AMPLIFICATION, AND REPRODUCTION EQUIPMENT 640.25 (A) Equipment Supplied by Branch - Circuit Power. Audio system equipment supplied by branch - circuit power shall not be placed laterally within 1.5 in (5 ft) of the inside wall of a pool, spa, hot tub, or fountain, or within 1.5 in (5 ft) of the prevailing or tidal high water mark. The equipment shall be provided with branch -circuit power protected by a ground-fault circuit interrupter where required by other articles. (B) Equipment Not Supplied by Branch - Circuit Power. Audio system equipment powered by a listed Class 2 power supply or by the output of an amplifier listed as permitting the use of Class 2 wiring shall be restricted in placement only by the manufacturer's recommendations. FPN: Placement of the power supply or amplifier, if supplied by branch - circuit power, is still subject to 640.10(A). 11. Permanent Andio System Installations 640.21 Use of Flexible Cords and Cables. (A) Between Equipment and Branch - Circuit Power. Power supply cords for audio equipment shall be suitable for the use and shall be permitted to be used where the interchange, maintenance, or repair of such equipment is facilitated through the use of a power supply cord. (B) Between Loudspeakers and Amplifiers or Between Loudspeakers. Cables used to connect loudspeakers to each other or to an amplifier shall comply with Article 725. Other listed cable types and assemblies, including optional hybrid communications, signal, and optical fiber cables, shall be permitted. (C) Between Equipment. Cables used for the distribution of audio signals between equipment shall comply with Article 725. Other listed cable types and assemblies, including optional hybrid communications, signal, and optical fiber cables, shall be permitted. Other cable types and assemblies specified by the equipment manufacturer as acceptable for the use shall be permitted in accordance with 110.3(11). (A) Between Equipment and Power Supplies Other Than Branch - Circuit Power. The following power supplies, other than branch- circuit power supplies, shall be installed and wired between equipment ie'accordance with the requirements of this Code for the voltage and power delivered: (1) Storage batteries (2) Transformers (3) Transformer rectifiers (4) Other ac or do power supplies FPN: For some equipment, these sources such as in items (l) and (2) serve as the only source of power. These could, in tam be supplied with intermittent or continuous branch - chwit power. 2007 California Electrical Code (E) Between Equipment Racks and Premises Wiring System. Flexible cords and cables shall he permitted for the electrical connection of permanently installed equipment racks to the premises wiring system to facm7itate access to equipment or for the purpose of isolating the technical power system of the rack from the premises ground. Connection shall be made either by using approved plugs and receptacles or by direct connection within an approved enclosure. Flexible cords and cables shall not be subjected to physical manipulation or abuse while the rack is in use. 640.22 Wiring of Equipment Racks and Enclosures. Metal equipment racks and enclosures shall be grounded. Bonding shall not be required if the rack is connected to a technical power ground. Equipment racks shall be wired in a oast and workmanlike manner. Wires, cables, structural components, or other equipment shall not be placed in such a manner as to prevent reasonable access to equipment power switches and resettable or replaceable circuit ovemurrent protection devices. Supply cords or cables, if used, shall terminate within the equipment rack enclosure in an identified connector assembly. The supply cords or cable (and connector assembly, if used) shall have sufficient ampacity to carry the total load connected to the equipment rack and shall be protected by overcurrent devices. 640.23 Conduit or Tubing. (A) Number of Conductors. The number of conductors permitted in a single conduit or tubing shall not exceed the percentage fill specified in Table 1, Chapter 9. (B) Nonmetallic Conduit or Tubing and Insulating Bushings. The use of nonmetallic conduit or tubing and insulating bushings shall be permitted whore a technical power system is employed and shall comply with applicable articles. 640.24 Wieways, Gutters, and Auxiliary Gutters. The use of metallic and nonmetallic wireways, gutters, and auxiliary gutters shall be permitted for use with audio signal conductors and shall comply with applicable articles with respect to permitted locations, construction, and fill. 640.25 Loudspeaker Installation in Fire Resistance- Rated Partitions, Walls, amt CeBings. Loudspeakers installed in a fire resistance -rated partition, wall, or ceiling shall be listed for that purpose or installed in an enclosure or recess that maintains the fire resistance rating. FPN: Fire -rated construction is the fire - resistive classification used in building codes. One method of determining fire rating is testing in accordance with NFPA 251 -1999, Standard Mwhods of Tessa of Fve Endurance of Batlding Construction and Mafwials. 70-513 640.41 ARTICLE 640 —AUDIO SIGNAL PROCESSING, AMPLIFICATION, AND REPRODUCTION EQUIPMENT 111. Portable and Temporary Audio System Installations 640.41 Multipote Branch - Circuit Cable Connectors. Multipole branch- circuit cable connectors, male and female, for power supply cords and cables shall be so constructed that tension on the cord or cable is not transmitted to the connections. The female half shall be attached to the load end of the power supply cord or cable. The connector shall be rated in amperes and designed so that differently rated devices cannot be connected together. Alternating - current multipole connectors shall be polarized and comply with 406.6(A) and 406.6(B) and 406.9. Alternating- current or direct-current multipole connectors utilized for connection between loudspeakers and amplifiers, or between loudspeakers, shall not be compatible with nonlocking 15- or 20 -ampere rated connectors intended for branch- circuit power or with connectors rated 250 volts or greater and of either the locking or nonlocking type. Signal cabling not intended for such loudspeaker and amplifier interconnection shall not be permitted to be compatible with multipole branch-circuit cable connectors of any accepted configuration. FPN: See 400.10 for pull at terminals. 640.42 Use of Flexible Cords and Cables. (A) Between Equipment and Branch - Circuit Power. Power supply cords for audio equipment shall be listed and shall be permitted to be used where the interchange, maintenance, or repair of such equipment is facilitated through the use of a power supply cord. (B) Between Loudspeakers and Amplifiers, or Between Loudspeakers. Flexible cords and cables used to connect loudspeakers to each other or to an amplifier shall comply with Article 400 and Article 725, respectively. Cords and cables listed for portable use, either hard or extra-hard usage as defined by Article 400, shall also be permitted. Other listed cable types and assemblies, including optional hybrid communications, signal, and optical fiber cables, shall be permitted. (C) Between Equipment and/or Between Equipment Racks. Flexible cords and cables used for the distribution of audio signals between equipment shall comply with Article 400 and Article 725, respectively. Cordwand cables listed for portable use, either hard or extra -hard service as defined by Article 400, shall also be permitted. Other listed cable types and assemblies, including optional hybrid communications, signal, and optical fiber cables, shall be permitted. (D) Between Equipment, Equipment Racks, and Power Supplies Other Than Branch - Circuit Power. Wiring between the following power supplies, other then branch- circuit power supplies, shall be installed, connected, or wired in accordance with the requirements of this Code for the voltage and power required: (1) Storage batteries (2) Transformers (3) Transformer rectifiers (4) Other ac or do power supplies (E) Between Equipment Racks and Branch - Circuit Power. The supply to a portable equipment rack shall be by means of listed extra -hard usage cords or cables, as defined in Table 400.4. For outdoor portable or temporary use, the cords or cables shall be further listed as being suitable for wet locations and sunlight resistant Sections 520.5, 520.10, and 5253 shall apply as appropriate when the following conditions exist (1) Where equipment racks include audio and lighting and/or power equipment (2) When using or constructing cable extensions, adapters, and breakout assemblies 640.43 Wiring of Equipment Racks. Equipment racks fabricated of metal shall be grounded. Nonmetallic racks with covers (if provided) removed shall not allow access to Class 1, Class 3, or primary circuit power without the removal of covers over terminals or the use of tools. Equipment racks shall be wired in a neat and workmanlike manner. Wires, cables, structural components, or other equipment shall not be placed in such a manner as to prevent reasonable access to equipment power switches and resettable or replaceable circuit overcurrent protection devices. Wiring that exits the equipment rack for connection to other equipment or to a power supply shall be relieved of strain or otherwise suitably terminated sucb that a pull on the flexible card or cable shall not increase the risk of damage to the cable or connected equipment such as to cause an unreasonable risk of fire or electric shock. 640.44 Environmental Protection of Equipment. Portable equipment not listed for outdoor use shall be permitted only where appropriate protection of such equipment from adverse weather conditions is provided to prevent risk of fire or electrical shock. Where the system is intended to remain operable during adverse weather, arrangements shall be made for maintaining operation and ventilation of heat - dissipating equipment. 640.45 Protection of Wiring. Where accessible to the public, flexible cords and cables laid or run on the ground or on the floor shall be covered with approved nonconductive mats. Cables and mats shall be arranged so as not to present a tripping hazard. 640.46 Equipment Access. Equipment likely to present a risk of fire, electrical shock, or physical injury to the public shall be protected by barriers or supervised by qualified personnel so as to prevent public access. 70-514 2007 Calitbmia Electrical Code OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC November 23, 2011 Ms. Annette Bethune GMF Sound Inc. 1961 N. Main Street Orange, CA 92865 Subject: Newport Coast Community Center Audiovisual Equipment (C -4139) Dear Ms. Bethune: On November 9, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 1, 2010. Reference No. 2010000644489. The Surety for the contract is the Western Surety Company and the bond number is 70953123. 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 NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 BOND No. 70953123 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,594.00 , being at the rate of $ 30.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted; awarded to GMF Sound, Inc., hereinafter designated as the 'Principal", a contract for construction of NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT, CONTRACT NO. 4139 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. 4139 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Western Surety Company , duly authorized to transact business under the laws of the Stale of California as Surety (hereinafter 'Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Nineteen Thousand, Seven Hundred Ninety -Three and 00/100 Dollars ($119,793.00) lawful money of the United Slates of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 32 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 named, on the 24 day of June , 2010. GMF Sound, Inc. (Principal) Western Surety Company Name of Surety PO Box 5077 Sioux Falls, SD 57117 -5077 Address of Surety 800 - 331 -6053 Telephone David G Harris, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 e, CFO CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On June 24, 2010 before me, S. Nicole Evans, Notary Public personalty appeared----------------- - - - - -- -David G Harris----------------------- - - - - -- —�ICOL-E EVANS Commission # 1826273 Notary Public - ealilornia San Francisco County nec 11.2 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(, j whose name(s) is/ subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacityo,�;sj, and that by his °signature(o on the instrument the person(s), or the entity upon behalf of which the person(= acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Vestern Surety Cot . ,pany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, Tlhat WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in die City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kimberley Roman, David G Hari-is, Jennifer E Dirking, Stephanie Worden, Individually of Wahtut Creek, CA, its we and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute lot and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as filly and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified mid confined. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 5th day of May, 2009. F "r",UPEi}N. WESTERN SURETY COMPANY _�Np pVOAq ot; 140 }e Y� zlo Wµc Paul 41. BruOat Senior Vice President State of South Dakota 1 J ss County of Mi nnehuha On this 5th clay of May, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn; did depose and say: that he resides in the City of Sioux Falls, State of Saudi Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal uffixed to the said instrument is such corporate seal; that it was so affixed pursumht to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges samo to be the act and deed of said corporation My wmmission expires ...4......%4...}%y..... NN. i D. KRELL e November 30, 2012 r NOTARY PUBLIC + 1 SEAL SOUTH DAKOTA SEAL i 't'NNNNN NN. NL..... NN....... D. Krell, NoTary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify tint the lcwer of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. 1n testimony whereof I have hereunto subscribed my name and affixed tine seal of the said corporation this 24th day of June . 2010 . M "UflEi}K poq05y WESTERN SURETY COMPANY '31 SE ivi` X 0A Pµ L. Nelson, Assistant Secretary Fonn F8280 -09 -06 CAL S U'4iRlH ALL-PURPOSE ACKNOWLEDGMENT saiv,. �aG—aS,.aR,'nvn'l.• �a �:s.sZc�ei -aS6 a�..niG� �.va �Gr�G1., -l�Gr -aim �aG� .e7.w��'.xG: ,:.�G�:S,.c� a wS,. -. T :�+,`��5... State of California County of Orange On 7/6/2010 before me, Cindy Masidonio. Notary Public Dale Nora Insert Name antl Title a the uneer personally appeared Annette Bethune xxxxxxxxxxxxxxxxxxxxxxxxx Name(s) of Signer(s) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(g) whose name($) is /are subscribed to the within instrument and acknowledged to me that he /she %they executed the same in His /herMi& authorized capacity(ies), and that by His /her /their signature(Vi) on the instrument the person(s), or the entity upon behalf of which the person(G) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Sgnatu o Noe � Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General "MEMO ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1 i 7 ',GGNER1_ ®2007 National Noury Association- Mee Do Solo Ave., P.O. Box 2402- Chatsworth, CA 91313 -2402•vvv.NatlonalNolary.org Item #5907 Reortler.Cell Toll- Fre81-600- 676 -SSV CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT CONTRACT NO. 4139 BOND NO. 70953123 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to GMF Sound, Inc., hereinafter designated as the "Principal," a contract for construction of NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT, CONTRACT NO. 4139 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute CONTRACT NO. 4139 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, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Nineteen Thousand, Seven Hundred Ninety -Three and 001100 Dollars ($119,793.00) 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 thq 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 attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 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 Slate of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 24 day of June , 2010. GMF Sound, Inc. (Principal) Western Surety Company Name of Surety PO Box 5077 Sioux Falls, SD 57117 -5077 Address of Surety 800 - 331 -6053 Telephone uavla o r-larns, Attorney in Fact _. Print Name and Title Ahune, CFO NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On June 24, 2010 before me, S. Nicole Evans, Notary Public personally appeared----------------- - - - - -- -David G Harris----------------------- - - - - -- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) issubscribed to the within instrument and acknowledged to me that heAhe4G) executed the same in his authorized capacity(, and that by his signature(e) on the instrument the person(g), or the entity upon behalf of which the person(to) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S. NICOLE EVANS WITNESS my hand and cial seal. Commission # 1626273 Notary Public - California D San Francisco County my Comm: Expires Oec 11. 2012 Signature Public Place Notary Seal Above V estern Surety Con:_,Dany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein axed hereby make, constitute and appoint Kimberley Roman, David G Harris, Jennifer E Dirldng, Stephanie Worden, Individually of Walnut Creek, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to die same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to die authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made acid executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be sided by its Senior Vice President and its corporate seal to be hereto affixed on this 5th day of May, 2009. WESTERN SURETY COMPANY oa. �-•° co opOVRq� e� �- a gPN Paul 7 Bra flat, Senior Vice President State of South Dakota 1 f Sa County of Minnehaha On this 5th clay of May, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota: that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuam to authority given by the Board of Directors of said corporation and that he signed his nahne thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Mycommisslon expires. + 41 > •,..sa .ee.,su4uwr+ s D. KRELL s X November 30, 2012 NorARY PUBLIC J 9EAL sEAL J /1 J r, SOUTH DAKOTAS +�wr,enywyyseaeaaas..ean., + D. Krell, Nary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force. and further certify rhot the By -Luw of the corporation printed on the reverse hereof is still in forcer In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 24th day of June - : -'2 O 1 0 ¢pop ;3; WESTERN ?;SUR;;TY COMPANY S.0 A lP � 1 gs�rN Oar' -� "Pmuu•�+ ' `' �` • •„ L, Nelson, Assistant Secretary Frnm F4280 -09 -06 ' Ij Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate sea] is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. R State of California County of Orange On 7/6/2010 before me, Cindy Masidonio, Notary Public Date Hero Inert Name and Title of the officer personally appeared Annette Bethune xxxxxxxxxxxxxxxxxxxxxxxxxx Name(s) of slgner(s) xxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx •c who proved to me on the basis of satisfactory evidence to be the person(S) whose name(b) is4w:& subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /iHeir authorized capacity(les), and that by 4iis /her /9wir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ( J4&4 Place Nalary Seal Above V. Signa ra of Natary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Material Pay.went Bond Document Date: 6/24/10 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s).. Signer's Name: ❑ Individual . ❑ Corporate Officer — Title(s): — ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited O General _ ❑ Attorney in Fact Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GMF Sound. Inc. of Orange, California, as Contractor, entered into a Contract on June 22, 2010. Said Contract set forth certain improvements, as follows: Newport Coast Community Center Audiovisual Equipment — (C -4139) Work on said Contract was completed, and was . found to be acceptable on November 9. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Narks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. nI Executed on No m6v , at Newport Beach, California. BY && Q City Clerk w RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 1 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder II! IIIIIII�IIINIII911111d1�llllllllllllllllllll�lllllllllll NO FEE 201000064448912:29 pm 12/01/10 276 418 N12 1 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE O rf COMFLET(6N' NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GMF Sound. Inc. of Orange, California, as Contractor, entered into a Contract on June 22, 2010. Said Contract set forth certain improvements, as follows: Newport Coast Community Center Audiovisual Equipment — (C -4139) Work on said Contract was completed, and was found to be acceptable on November 9. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. VVorks Director B.0 n ,,, � V Newport Beach �o o VERIFICATION tpV I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on , at Newport Beach, California. BY �& 9 A, City Clerk n � ji i_d nn 04 U. J Y a i Is w o VVorks Director B.0 n ,,, � V Newport Beach �o o VERIFICATION tpV I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on , at Newport Beach, California. BY �& 9 A, City Clerk n � ji i_d CITY OF NEWPORT BEACH � hMV 2 3 2010 CITY COUNCIL STAFF REPORT , November 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran, Associate Civil Engineer 949 - 644 -3340 or FTran @newpoitbeachca.gov SUBJECT: NEWPORT COAST COMMUNITY CENTER AUDIO - VISUAL EQUIPMENT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4139 ISSUE Staff is requesting approval to accept the Newport Coast Community Center Audio - Visual Equipment, Contract No. 4139, as complete. RECOMMENDATIONS 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION Summary of Completed Construction Contract Total Contract Final Cost at Benchmark Actual Contract Time Amount Completion Target Contract Time Under ( -) (days) or Over ( +) $119,793.00 $130,649.16 Contract +9.1% 35 -3 Plus 10% On June 22, 2010, City Council awarded the Newport Coast Community Center Audio - Visual Equipment contract to GMF Sound, Inc. The contract included all labor, material, tools, and equipment, as required for the installation of electrical and audio - visual improvements for the Gymnasium/Theater, Large Divisible Community Room, and Small Divisible Community Room at the Newport Coast Community Center. Newport Coast Corrmdinity Center Audio - Visual Equipment Completion and Acceptance of Contract No. 4139 November 23,20`10 Page 2 TK6 'contract has now been completed to the satisfaction of the Public Works '�'Departmenf. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Chanqe Orders Final contract cost: $119,793.00 $119,793.00 $10,856.16 $130,649.16 The two change orders were approved for an additional wall rack to in the Small Meeting Room, additional drawers in the Gym/Theater, a security cage to protect the newly installed projector from potential damage, and network configuration with the City intranet. These additional work items totaled $10,856.16 and represented a 9.1% cost change to the project. The construction was substantially complete on September 20, 2010. A summary of the project schedule is as follows: Estimated Completion Date per 2010 Baseline Schedule: October 25, 2010 Project Awarded for Construction: June 22, 2010 Contract Completion Date per the NTP & Approved Extensions: September 23, 2010 Actual Substantial Construction Completion Date: September 20, 2010 ENVIRONMENTAL REVIEW This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA Implementing Guidelines. This exemption covers the maintenance and repair of existing facilities involving negligible or no expansion of existing facilities. PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Total Project Cost Total project expenses, including incidentals, are summarized as follow: Design and Construction Support $8,450.00 Construction $130,649.16 Incidentals $226.55 1 r Newport Coast Co. _Inity Center Audio - Visual Equipment Completion and Acceptance of Contract No. 4139 November 23, 2010 Page 3 FUNDING AVAILABILITY Funds for the construction contract were expended from the following account Account Description Account Number Amount Newport Coast Community 7019- C5100977 $ 130,649.16 Rpntpr A \/ Fni iinmpnt Prepared by: Frank Tran Associate Civil Engineer Attachment: Location Map 130,649.16 Submitted by: NEWPORT COAST COMMUNITY CENTER AUDIO-VISUAL EQUIPMENT C-4139 'A it �; DIN'INK P I I LOC -WT ION ROJECT "?y eas LOCATION MAP N.T.S. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 June 22, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran, Associate Civil Engineer 949 - 644 -3340 orftran @NewportBeachCa.gov SUBJECT: NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT —AWARD OF CONTRACT NO. 4139 RECOMMENDATIONS: Approve the project drawings and specifications. 2. Award Contract No. 4139 to GMF Sound, Inc. for the Total Bid Price of $119,793 and authorize the Mayor and the City Clerk to execute the contract: 3. Establish an amount of $11,979 (10 %) to cover the cost of unforeseen work. DISCUSSION: At 10:00 A.M. on June 3, 2010, the City Clerk opened and read the following three bids for this project: BIDDER Low GMF Sound, Inc. 2 Integrated Media Systems 3 HBC TOTAL BID AMOUNT $119,793.00 $129,631.78 $139,630.00 ** *Bid read as $124,019.60 * *Bid read as $139,631.00 The low total bid amount is 8% lower than the Engineer's Estimate of $130,000. The received bid prices reflect the current market competitiveness. The low bidder, GMF Sound, Inc. (GMF) possesses a California State Contractors License Classification "C7" as required by the project specifications. A check of GMF's references indicates satisfactory completion of similar projects for other public agencies. This project will include all labor, material, tools, equipment, and supervision as required for the modification of the existing wiring within the building to accommodate the new audiovisual requirement such as stereo systems, a projector, and an equipment rack including a 55 -inch LCD television and a DVD Player to fit the building functionalities. This work is mainly in the Gymnasiumlrheater, Large Divisible Community Room, and Small Divisible Community Room at the Newport Coast Community Center. Newport Coast Community Center Audiovisual Equipment June 22, 2010 Page 2 GMF is required by Contract to complete all work within ninety (35) consecutive working days after the date on the Notice to Proceed. The Notice to Proceed will be tentatively issued on July 26, 2010. Work inside the building will be performed and completed during the week of August 30 to September 10 when there is no program scheduled. GMF will be assessed liquidated damages at the rate of $500 per calendar day. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (a), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with no expansion of an existing use. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Funding Availability: Sufficient funds are available in the FY 2010 -11 Capital Improvements Program budget in the following account: Account Description Account Number Amount Newport Coast Community 7019- C5100977 $ 131.900.00 Center AV Equipment Proposed uses are as follows: Vendor GMF Sound GMF Sound Various Prepared by: Frank Tran Associate Civil Engineer Total: $ 131,900.00 Purpose Amount Construction Contract $ 119,793.00 Construction Contingency $ 11,979.00 Printing and Incidentals $ 128.00 Total: $ 131,900.00 Submitted by: L:�_ Stephen G. Badu t� Public Works Director NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT C -4139 LOCATION MAP N.T.S. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 June 23, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Brad Sommers 949 - 6443326 or bsommers @city.newport- beach.ca.us SUBJECT: Traffc Signal Modernization Project - Approval of Amendment 9 to the Purchase Contract with Econolite Control Products, Inc. RECOMMENDATION: Approve Amendment No. 1 to the Phase 1 Purchase Contract with Econolite Control Products, Inc. of Anaheim, California, for purchase and installation of advanced traffic signal management equipment for Phases 2 and 3 of the Traffic Signal Modernization Project, at a not to exceed price of $307,337.70 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: On March 23, 2008, the City entered into an agreement with Econolite, Inc. to provide equipment, services, and Econolite loons Traffic Management Software as part of the first phase of the Traffic Signal Modernization Project. The project included procurement and installation of an Econolite Icons Traffic Management System, computer equipment, Econolite traffic signal control equipment, Ethernet communication equipment and Closed Circuit Television (CCTV) equipment. During the initial design of the Citywide Traffic Signal Moderization project, staff completed a selection process to determine the best qualified vendor for the traffic signal controller hardware and software. Staff interviewed each vendor and completed an extensive evaluation of the products and services of seven different manufacturers and suppliers of traffic control equipment. Staff reviewed each firm's qualifications, past experience on similar projects, and availability before selecting - Econolite as the best qualified firm to provide the hardware and software for our City -wide Traffic Signal Modernization project. Upon selection, staff negotiated with Econolite to provide the necessary equipment and services for our Phase One project for a fee of $584,690. Phase One is now complete and we are now proceeding to construct Phases Two and Phase Three. Traffic Signal Mo% _ , ation— Approval of Amendment } Purchase Conti. .,..4th Econolite Control Products, Inc. June 23, 2009 Page 2 Phases Two and Three have been combined to expedite construction. These Phases include installation of fiber optic communications, 13 CCTV cameras, and new traffic signal control equipment at 27 existing signalized intersections along the Jamboree Road Corridor (Phase 2) and within the Airport Area (Phase 2). Eoonolite, Inc. has prepared a proposal to provide advanced traffic management equipment and installation necessary to upgrade the traffic signals to be compatible with the recently- completed Traffic Management Center and Econolite Icons Traffic Management Software. The Econolite Proposal has provisions for the following: 1. Furnish 29 Econolite ASC /3 Advanced Traffic Signal Controllers (includes two spare controllers); 2. Furnish Econolite Traffic Signal Management Equipment; 3. Furnish six Traffic Signal Control Cabinets for intersection requiring replacement; 4. Provide installation and modification labor for provided Econolite Equipment; 5. Provide support to City Staff for the integration of the modernized intersections; 6. Provide an additional five CCTV licenses for the Icons Traffic Management Software. The Econolite Icons traffic management system equipment, such as the Econolite ASC 13 traffic and access the system's utilities. As Econolit e these products, staff will continue to purchas e buildout and maintain the system. requires Econolite traffic signal control signal controllers, to has been selected equipment directly operate efficiently as the vendor for from Econolite to On April 14, 2009 the City entered into a contract with CT &F, Inc. to construct the fiber optic infrastructure for the project. A second contract, the contract amendment with Econolite, Inc., will furnish and install traffic signal control equipment. A final purchase contract will procure Ethernet communication equipment. A vendor for this service has not yet been chosen. Environmental Review: Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1 (c) of the Title 14 California Code of Regulations. This exemption covers maintenance, repair, and upgrades of existing traffic signal facilities. Traffic Signal h: inaafiw — Approval of Amendment 1 Purchase Co, l;t with Econolite Control Products, Inc. June 23, 2009 Page 3 Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description Account Numbe Amoun t Measure fit Turnback 7281 - 03002002 $ 307,337.70 Total: $ 307,337.70 Prepared by: Brad Sommers Senior Civil En neer Attachment: Purchase Contract OFFICE OF THE CITY CLERK Leilani I. Brown, MMC January 5, 2011 Mr. Dennis Bethune GMF Sound, Inc. 1961 N. Main Orange, CA 92865 Subject: Newport Coast Community Center Audiovisual Equipment (C -4139) Dear Mr. Bethune: On November 23, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 1, 2010, Reference No. 2010000644489. The Surety for the contract is the Western Surety Company and the bond number is 70953123. Enclosed is the Labor & Materials Payment Bond. Sincerely, �% bfw/ Y , 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 OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC November 24, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: Newport Coast Community Center Audiovisual Equipment — (C -4139) Lido Isle Pavement Rehabilitation — Phase II — (C -4385) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, TY I_. Leilani I. Brown, MMC �G/ 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GMF Sound, Inc. of Orange, California, as Contractor, entered into a Contract on June 22, 2010. Said Contract set forth certain improvements, as follows: Newport Coast Community Center Audiovisual Equipment — (C -4139) Work on said Contract was completed, and was found to be acceptable on November 9, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �I Executed on NoRm6V �� , �v 10 at Newport Beach, California. BY k& Y Alpq� City Clerk RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: • l n 111','!'x(1 City Clerk City of Newport Beach u•� uo o. ,o o i„ 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GMF Sound, Inc. of Orange, California, as Contractor, entered into a Contract on June 22, 2010. Said Contract set forth certain improvements, as follows: Newport Coast Community Center Audiovisual Equipment — (C -4139) Work on said Contract was completed, and was found to be acceptable on November 9. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Works Director W en � � _ / ,y — Newport Beach U - = v W ow o o VERIFICATION 11f� r I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �( Executed on N*m6r �� , �� at Newport Beach, California. BY C/Yu'Yw u• - �MM-� City Clerk M en Q N L-Li io Cr w Works Director W en � � _ / ,y — Newport Beach U - = v W ow o o VERIFICATION 11f� r I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �( Executed on N*m6r �� , �� at Newport Beach, California. BY C/Yu'Yw u• - �MM-� City Clerk M CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 June 22, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran, Associate Civil Engineer 949 - 644 -3340 or ftran @NewportBeachCa.gov SUBJECT: NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT — AWARD OF CONTRACT NO. 4139 RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4139 to GMF Sound, Inc. for the Total Bid Price of $119,793 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $11,979 (10 %) to cover the cost of unforeseen work. DISCUSSION: At 10:00 A.M. on June 3, 2010, the City Clerk opened and read the following three bids for this project: BIDDER Low GMF Sound, Inc. 2 Integrated Media Systems 3 HBC TOTAL BID AMOUNT $119,793.00 $129,631.78 $139,630.00 *Bid read as $124,019.60 * *Bid read as $139,631.00 The low total bid amount is 8% lower than the Engineer's Estimate of $130,000. The received bid prices reflect the current market competitiveness. The low bidder, GMF Sound, Inc. (GMF) possesses a California State Contractors License Classification "CT' as required by the project specifications. A check of GMF's references indicates satisfactory completion of similar projects for other public agencies. This project will include all labor, material, tools, equipment, and supervision as required for the modification of the existing wiring within the building to accommodate the new audiovisual requirement such as stereo systems, a projector, and an equipment rack including a 55 -inch LCD television and a DVD Player to fit the building functionalities. This work is mainly in the Gymnasium/Theater, Large Divisible Community Room, and Small Divisible Community Room at the Newport Coast Community Center. ** Newport Coast Community Center Audiovisual Equipment June 22, 2010 Page 2 GMF is required by Contract to complete all work within ninety (35) consecutive working days after the date on the Notice to Proceed. The Notice to Proceed will be tentatively issued on July 26, 2010. Work inside the building will be performed and completed during the week of August 30 to September 10 when there is no program scheduled. GMF will be assessed liquidated damages at the rate of $500 per calendar day. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (a), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with no expansion of an existing use. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Funding Availability: Sufficient funds are available in the FY 2010 -11 Capital Improvements Program budget in the following account: Account Description Newport Coast Community Center AV Equipment Proposed uses are as follows: Vendor GMF Sound GMF Sound Various Prepared by: Frank Tran Associate Civil Engineer Account Number 7019- C5100977 Total Amount $ 131,900.00 $ 131,900.00 Purpose Construction Contract $ Construction Contingency $ Printing and Incidentals $ Total: $ Amount 119,793.00 11, 979.00 128.00 131,900.00 Submitted by: Stephen G. Badu Public Works Director NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT C -4139 gape nm Sdwl �g 1' t g� s 4 I � 2° _: -_ -77771 f PROJECT A R4 '. r Pomotlor° i� C y p Pavcons /a� i- 0. 6 .8 a o #I4R 1 a , RWpe Park Rtl;. a= O , .. . If ✓ ' �aaC eg 8°d_ 'F N ewd' I t \\r \' -i�ki Cop tj ast LOCATION MAP N.T.S. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 June 23, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Brad Sommers 949 - 644 -3326 or bsommers @city.newport- beach.ca.us SUBJECT: Traffic Signal Modernization Project - Approval of Amendment 1 to the Purchase Contract with Econolite Control Products, Inc. RECOMMENDATION: Approve Amendment No. 1 to the Phase 1 Purchase Contract with Econolite Control Products, Inc. of Anaheim, California, for purchase and installation of advanced traffic signal management equipment for Phases 2 and 3 of the Traffic Signal Modernization Project, at a not to exceed price of $307,337.70 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: On March 23, 2008, the City entered into an agreement with Econolite, Inc. to provide equipment, services, and Econolite Icons Traffic Management Software as part of the first phase of the Traffic Signal Modernization Project. The project included procurement and installation of an Econolite Icons Traffic Management System, computer equipment, Econolite traffic signal control equipment, Ethernet communication equipment and Closed Circuit Television (CCTV) equipment. During the initial design of the Citywide Traffic Signal Moderization project, staff completed a selection process to determine the best qualified vendor for the traffic signal controller hardware and software. Staff interviewed each vendor and completed an extensive evaluation of the products and services of seven different manufacturers and suppliers of traffic control equipment. Staff reviewed each firm's qualifications, past experience on similar projects, and availability before selecting Econolite as the best qualified firm to provide the hardware and software for our City -wide Traffic Signal Modernization project. Upon selection, staff negotiated with Econolite to provide the necessary equipment and services for our Phase One project for a fee of $584,610. Phase One is now complete and we are now proceeding to construct Phases Two and Phase Three. Traffic Signal Mo% .zalion — Approval of Amendment t Purchase Cont% vith Econollte Control Products, Inc. June 23, 2009 Page 2 Phases Two and Three have been combined to expedite construction. These Phases include installation of fiber optic communications, 13 CCTV cameras, and new traffic signal control equipment at 27 existing signalized intersections along the Jamboree Road Corridor (Phase 2) and within the Airport Area (Phase 2). Econolite, Inc. has prepared a proposal to provide advanced traffic management equipment and installation necessary to upgrade the traffic signals to be compatible with the recently - completed Traffic Management Center and Econolite Icons Traffic Management Software. The Econolite Proposal has provisions for the following: 1. Furnish 29 Econolite ASC /3 Advanced Traffic Signal Controllers (includes two spare controllers); 2. Furnish Econolite Traffic Signal Management Equipment; 3. Furnish six Traffic Signal Control Cabinets for intersection requiring replacement; 4. Provide installation and modification labor for provided Econolite Equipment; 5. Provide support to City Staff for the integration of the modernized intersections; 6. Provide an additional five CCTV licenses for the Icons Traffic Management Software. The Econolite Icons traffic management system requires Econolite traffic signal control equipment, such as the Econolite ASC /3 traffic signal controllers, to operate efficiently and access the system's utilities. As Econolite has been selected as the vendor for these products, staff will continue to purchase equipment directly from Econolite to buildout and maintain the system. On April 14, 2009 the City entered into a contract with CT &F, Inc. to construct the fiber optic infrastructure for the project. A second contract, the contract amendment with Econolite, Inc., will furnish and install traffic signal control equipment. A final purchase contract will procure Ethernet communication equipment. A vendor for this service has not yet been chosen. Environmental Review: Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1 (c) of the Title 14 California Code of Regulations. This exemption covers maintenance, repair, and upgrades of existing traffic signal facilities. Traffic Signal R mization — Approval of Amendment 1 Purchase Co 2 with Econolite Control Products, Inc. June 23, 2009 Page 3 Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description Measure M Turnback Prepared by: Brad Sommers Senior Civil En Ineer Attachment: Purchase Contract Account Number 7281- C3002002 Amount $ 307,337.70 Total: $ 307,337.70