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HomeMy WebLinkAboutC-4195 - CYC Roof Rehabilitation ProjectCITY OF NEWPORT BEACH I of a�% November 24, 2010 Western States Roof Systems, Inc. 18605 Parthenia Street Northridge, CA 91324 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: Community Youth Center Roof Rehabilitation Project (C -4195) To Whom it May Concern: On November 24, 2009, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 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 8, 2009, Reference No. 2009000656128. The Surety for the contract is Indemnity Company of California, and the bond number is 788704P. Unfortunately, my office just discovered that the Labor & Materials Payment Bond was not released at the appropriate time. I have enclosed the Labor & Materials Payment Bond and the Faithful Performance Bond, and apologize for the delay. Sinc*Bro Jay ilMMC, City Clerk Enclosures 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us BOND ISSUED IN FOUR (4) COUNTERPARTS BOND NO. 788704P PREMIUM: INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 BOND NO. 788704P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Western States Roof Systems, Inc., hereinafter designated as the "Principal," a contract for construction of COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT, Contract No. 4195 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. 4195 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, Indemnity Company of Californa 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 Seventy -Four Thousand, Six Hundred Fifty and 00 /100 Dollars ($74,650.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. E The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 12th day of August '2009. Western States Roof Systems, Inc. (Principal) Indemnity Company of California Name of Surety Five Centerpointe, Ste. 530 Lake Oswego, OR 97035 Address of Surety (800)223 -2451 Telephone Authorized " �Ii orized Agent Signature Gale Delo. Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND S URETY MUST BE ATTACHED 29 ACKNOWLEDGMENT ...................... ............................... Y..... t................... I' State of California County of San Bernardino } ss. On August 12, 2009 before me, S. Lynn Ewer Notary Public, personally appeared Gale Delo ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 rAf S. LYNN EWER n Co iM. 41 807491 NOTARY PUBLICUAUFORNIA lJ SAN BERNARDINO, COUNTY r My comet Esp. JULY 26, 2012 (seal) t.. ttU.. n .......................................... ............................'.1 Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION August 12, 2009 Payment Bond 2 Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Thumbprint of Signer Check here If no thumbprint or fingerprint is available. POWER OF ATTORNEY FOR DEVELOPERS SUREfYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19726, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:. ** *Peter M. Davis, Kenzie K. Thompson, Shannon Lopez, Martin M. Davis, George A. DeCristo, Gale Delo, jointly or severally * ** as their true and lawful Attorney(s) -In -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s) -in -Fact full power and authonly to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s) in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney Is granted and is signed by facsimile under and by authority of the following resolution adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of (hem hereby Is, authorized to execute Powers of Attorney, quallMng the affomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any oertfcate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond, undertaking or contact of suretyship to which It Is attached. IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attest ed by their respective Assistant Secretary this January let, 2008. 6y. Stephen " "ANa'�tiaF''• GOMPANVpT Ste P c yJ �4ppPORgle;,¢ysx . > OPPORgT C OCT, -1 <£ z t0 tip . �' OCT, 1936 po i Liu O 6 967Z Charles L, Day,Assistant Secretary @`bq "• 1pW A,,.. D cRClF00��e'� State of California "00 County County of Orange On January 1st 2008 before me,. - Christopher J. Roach Notary Public Date Here Insert Name and Titie of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose - name(s) is/am subscribed to Die within Instrument and acknowledged to me that helshelthey executed the same In hlslherltheir authodzed CHRISTCPHERJ.ROACH capscl ies),andthatbyhisl her /thelrsignature(s) an the Instrument the person (s),or the entity upon behalf of COMM, P 1745938 which the parsons) acted, executed the Instrument. NOTARY PUBLIC CALIFORNIA ORAN©ECOUNT'Y My comet. G)OMeMey 19, 2Dl l Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph Is true and correct WITNESS my hand CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full -force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate Is executed in the City of Irvine, California, the 12tH day of Augus t , 2009 . Ble�` Albert Hillebrand, Assistant ecretary ID- 1380(Wel)(Rev.07107) ACKNOWLEDGMENT • . Y.11...,1.......••••.•.•1..•.••1.1••••••••[ 11, 1.[• ........•••• 1•••. f••••••.•..••I State of California County of /0-5 A s } ss. On 4zl ~ 13 —,7i5r Public, per onally appeared me, V Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BACHITTAR I .. .. COMM. #18 tR NOTARY PUBLIC • W LOSANGELES NY Comm. Expires July 6, 2013 Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _ Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other 31 Thumbprint of Signer Fj Check here if no thumbprint or fingerprint is available. BOND ISSUED IN FOUR (4) COUNTERPARTS BOND NO. 788704P Premium is for contract term and is subject to adjustment based on final contract price. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 BOND NO. 788704P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $1, 493. 00 -------------------------------- — --------------- being at the rate of $ 20.00 per . thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Western States Roof Systems, Inc., hereinafter designated as the "Principal ", a . contract for construction of COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT, Contract No. 4195 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. 4195 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Indemnity Company of California , 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 Seventy -Four Thousand, Six Hundred Fifty and 001100 Dollars ($74,650.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety 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 12th day of August , 2009. c4odi✓ �G7/�y v 'F?�i Western States Roof Systems, Inc. (Principal) Authorized Signapu e/Title Indemnity Company of California Name of Surety Five Centerpointe, Ste. 530 Lake Oswego OR 97035 Address of Surety (800)223 -2451 Telephone Au rized Agent Signature Gale Delo, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUS'r BE ATTACHED 33 ACKNOWLEDGMENT t•••••.I••.• t•••\••.• •••I•.•NY••t••••......•.Y•••.•. Y . Y•• t . IN Y.•.•.• I . t . l••.• t 11 State of California County of San Bernardino } ss. On August 12, 2009 before me, S. Lynn Ewer Notary Public, personally appeared Gale Delo proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s� Signature S. LYNN EWER e COMM. #1307411 n NOTARY PUBLIC GAUFOFNIA A Yr ✓, SAN BERNARDINO, GOUNTY My Comm. Esp, JULY 26, 2012 (seal) Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION August 12, 2009 Performance Bond Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEO/CFO/COO President / Vice - President / Secretary / Treasurer Other: Other 34 Thumbprint of Signer ❑ Check here If no thumbprint or fingerprint is available. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Peter M. Davis, Kenzie K. Thompson, Shannon Lopez, Martin M. Davis, George A, DeCristo, Gale Delo, jointly or severally' as their true and lawful Attorney(s) -In -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attornay(s)- in•Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board; the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named In the Powers of Attorney to execute, on behalf of the corporations; bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimtie, and any such Power of Attorney at certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President{ateand�daattested by their respective Assistant Secretary this January 9st, 2008. By: cam/ .I `/`1...�� S�..ANb 1pd+'% CIM?ANYC Stephen L Pate, Senior Vice President ;K'yo?;4ogOFOORq zOOPPORq��! . t zQ 10 the - Z' s OCT- '^ O By- ' ol t :4 3 6 Do = 4} W 1 _ 967 Q Charles L. Day,Assistant Secretary State of California 0•,, County of Orange - On January 1st. 2008 before me,. Christopher J. Roach, Notary Public Date Here Insert Name and Titie of the Officer personally appeared Stephen T. Pate and Charles L. Da CHRISTOPHER J. ROACH © C0 # 1745939 'NDTARY PUBLIC CALIFORNIA ORANGE COUNTY My oomm. exp m may 10, 201 1 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the.basis of satisfactory evidence to be the persons) whose - name(s) islam subscribed to the within Instrument and acknowledged to me that helshelthey executed the same In his /hedtheir authorized capacity(ies), and that by his/her /their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) abled, 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 CERTIFICATE J. Roach The undersigned, as AssislanLSecretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cedify that the foregoing Power of Attorney remains in full.foice and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate Is executed in the City of Irvine, California, thel2th day of August , 2009 r �Albert Hillebrand,Assistant ecret� ID- 1380(Wet)(Rev07 /07) ACKNOWLEDGMENT State of California County of Go-5 ✓ 22; ;& � ) SS. On <�;-r (3 61 before me, 4 6� &I , Notary Public, personally appeared 5 c' Gre ry�l Rezv�s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the persons) 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. BACHITTAR SINGH ., COMM. #1856941 try, NOTARY PUBLIC - CALIFORNIA L LOS ANGELES COUNTY My Comm. Expires Jury 6, 2013 Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: —Trustee Power of Attorney CEO /CFO /COO _ President / Vice - President / Secretary / Treasurer Other: Other I 35 Thumbprint of Signer Check here If no thumbprint or fingerprint is available. %EU � w; J RECORDING REQUESTED Y N '' �� I' " d P'� 1111 '1111 "I NC. ;-E L WHEN RECORDED RETUF%TRt 6 {{,�'a: "C8 X 41 ��n� 9JQcl )u LIt lii2 1 City Clerk r C ,x} 0 0o ) 0) a ©0 0.00 0,00 0,00 City of Newport Beach OFPCE OF 3300 Newport Boulevard THE CITY Cam( Newport Beach, CA 92663 �F NE'JPORT BEACH "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Western States Roof Systems, Inc., of Northridge, California, as Contractor, entered into a Contract on August 11, 2009. Said Contract set forth certain improvements, as follows: Community Youth Center Roof Rehabilitation Project (C -4195) Work on said Contract was completed, and was found to be acceptable on November 24. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. j ublit'Vj{'orks Director City o^ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �� J� 2 at Newport Beach, California. BY City Clerk l6 IT IP NF 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 Western States Roof Systems, Inc., of Northridge, California, as Contractor, entered into a Contract on August 11, 2009. Said Contract set forth certain improvements, as follows: Community Youth Center Roof Rehabilitation Project (C -4195) Work on said Contract was completed, and was found to be acceptable on November 24. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. F-Ubl <Vorks Director City orNewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �TTJ at Newport Beach, California. BY 07T/&ffe � City Clerk ` i CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT BY THE C€rY COUMC9L i CPdY OF ME PORT aEACH DDD 7[ Agenda Item No. 13 November 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Project Engineer 949 - 644 -3316 or pauscher@newportbeachca.gov SUBJECT: COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4195 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. Construction Contract Summary: Construction Contract Final Cost at Benchmark Contract Time (days) Award Amount Completion Target Actual Time (days) Under ( -) or Over + $74,650.00 $74,145.20 Contract Contract 20 0 +10% _1% Discussion: On August 11, 2009, City Council authorized the award of Community Youth Center Roof Rehabilitation Project to Western States Roofing Systems, Inc. The contract provided for roof rehabilitation as one of the final items in the refurbishment of the Community Youth Center, which included: • Disposing of roof mastic by state certified asbestos contractor; • Removing and disposing of existing roofing and skylights; • Repairing the existing roof structure; • Installing tubular daylighting devices; and • Installing a new roofing system. Commt, ;Youth Center Roof Rehabilitation Project - Complet. ind Acceptance of Contract No. 4195 November 24, 2009 Page 3 Funding Availabilitv: In addition to the original construction contract, this project involved other project expenses, as summarized below: Funding Availabilitv: In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction Special Inspection Incidentals Total Project Cost $74,145.20 320.00 $222.56 $74,687.76 Funds for the construction project were expended from the following account: Account Description Account Number Amount CYC Rehabilitation - General Fund 7011- C4120806 $ 74,145.20 Total: $ 74,145.20 Prepared by: Peter Tauscher Project Engineer Submitted by: KG. Badum Works Director 4 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 A.M. on the 30th day of July, 2009, at which time such bids shall be opened and read for Community Youth Center Roof Rehabilitation Project Contract No. 4195 $93,500 Engineer's Estimate Public Works Director Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Bidders are invited to attend an optional pre -bid meeting at the project site on July 22, 2009 at 10:00 AM. Contractor License Classification(s) required for this project: `B or C -39" For further information, call Peter Tauscher, Project Manager at (949) 6443316 or Iris Lee at (949) 644 -3323 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city.newj)ort-beach.ca-u s CLICK: e- onlineservices /e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 2 .11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be dearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in 3 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a slate 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 confract. A copy of said determination is available by calling the prevailing wage hotline number (415) 7034774, 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 at 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. /-// C -37 Contracto s License No. & Classification wes-re.frj 3-TA-1-,P-s (2ooj1;49 Bidder FrC2 Authorized Signature/Title 7 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of ten percent of the total amount bid Dollars ($10 %--- - - - - -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT, Contract No. 4195 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 certiticeles and endorsements for the constructlon 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 vold. if the undersigned Principal executing this Band 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 27th day of July , 2009. Western States Roof Systems, Inc. � Name of Contractor (Principal) Authorized Signature/Title Indemnity Company of California Name of Surety Five Centerpointe, Ste. 530 Lake Oswego, OR 97035 Shannon Lopi Address of Surety Print Name and (800)223 -2451 Telephone (Notary acknowledgment of Principal & Surety must be attached) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of V9At'Y 6E 0n" ate � personally appeared before me, L4 LI.Alq WKi4 �%� Here Insert Name and d. nl the Odic I � Place MOM Seal Above who proved to me on the basis of satisfactory evidence to be the persowhose name is/K'e subscribed to the withi instr m nt and acknowled ad to me that he/�executed the same in hi el authorized capac and that by hisAt�Q/Jf�ir ig aturg(*pn the instrume t the perso4c or the entity upon behalf of which the person(wcted, 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 Signature of Notary 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 Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(les) 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: HIGHTTHUPABPRINT OF SIGNER in Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact ffiffiffim ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb hem �JS` i4�:< C�4�y:\ J, 4�"!, CV��4�4�. 4VC 'JS'JSV4'ti4`:<`:4' ✓ti {C`.C`i4�. 445'•/ �•. � ,•. /,•J[`e/4`.4�•.44`✓.SLJ4VC'J •J /'JSLY,C<✓SV 44./ JCS�CL✓' ✓:�G_( 1 � .1 ACKNOWLEDGMENT ................................................ •.............................. State of California County of San Bernardino 1 ss. On July 27, 2009 before me, S. Lynn Ewer Notary Public, personally appeared Shannon Lopez proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within Instrument and acknowledged to me that he /she/they executed the some in his/her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur S. LYNN EWER m COMM. /1807/11 n C NOTARY PUBLIC-CALIFORMA F V SAN BBRNAROINO. COUNTY My eamm. E.P. JULY 2R. 2012 (seal) ...................... .........................•..... am....................... Dete of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTrONAL INFORMATION July 27, 2009 Bid Bond Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(ea) Capacity of Signer. Trustee T Power of Attorney CEO /CF01C00 President / Vice- President / Secretary 1 Treasurer Other: Other Thumbprint of Signer ❑ Cheak nBre if no VNxn" Or nre =rINint is vvaiable. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19726, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Peter M. Davis, Kenzie K. Thompson, Shannon Lopez, Martin M. Davis, George A. DeCristo, Gale Delo, jointly or severally * ** as their sue and lawful A1bmey(s)4n -Fad, to make, execute, deliver and acknowledge, for and on behalf of sold corporations, as sureties, bonds. undertakings and contracts of surely. ship giving and granting unto said Atomey(sym -Fed NII power and authority to do and to perform every ad necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporWans full power of substitution and revocation, and all of the acts of said AOorney(s) -leFx6 pursuant to these presents, are hereby ratified and confirmed. This Parer of Attorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January Est, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to executs Powers of Attorney, qualifying the attoney(s) named In the Posers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that One Secretary or any Assistant Secretary of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affhted to any such Poser of Attorney or to any certificate retailing therein by facsimile, and any such Poser of Attorney or certificate beadrhg such facsimile signatures shell be valid and binding upon the corporations when so affixed and in the tubas with rasped to any bond, undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. State of CBMomia County of Orange OCT. 10 1938 OCT. 5 1987 On Januaiv Let. 2008 before me, Christopher J Roads Notary Public _ Data Here Insert Name and Title of the Officer personally apps Stephen T Pate and Charles L. Day Name(s) of Slgnar(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name($) isfam subscribed to the within Instrument and acknowledged to me that helshafthey executed the same In hWherrmctr authorized C Eii J 1 capadty(les), and that by hts/nedtil slgnaWre(s) on me instrument the person M s), or the amity upon behalf CCMM. B 17469OW9 which the peraon(s) acted, exewte0 the Instrument re NC'W PIJWCCALW0WA ORANN COUNTY fJ0irdh1. i9, Ad11 Place Notary Seal Above 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 l /ds /eaL Sgnature Ch er J. R090 CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cerdly that the foregoing Power of Attorney remains in fulltorce and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney. are in force as of the date of this Certificate. This CeNficate In execuod in the COY of Irvine, California, the 27thday of July •2009 Albert Mlebrand, Assistant secretary ID- 1380(Weq(Rev.07Y07) Best's Rating Center- Company Information for Indemnity Company of California Page 1 of 2 view Ratings: F.inangiaLStrength Iswu -fZ,,M Savings, AdvancW Sesch Indemnity Company of California (e—... aryocom'00t ivue) A.M.BUfp:06068 NNCx:26550 FEN*: 161 Address: 17780 Fitch. Suite 200 Irvine, CA 92814 Best rF Ratings Phone: 949 - 2e3-sago Fax: 94g -2s2 -1959 Web: Wtwi'nscadiw.wm Oltwr Web CeMaa: Selp ^hW 11, a�.e+i�m�iumiin.e p�n✓m.an eacelkM e0i6ybmaal Ilan r prgong otlgalan la pGCyMMn Financial Strength Ratings VieW Definitions Issuer Credit Ratings V✓ICy- Definitions Rating: A- (Excellent) Long -Tema a- Affiliation Code: g (Group) Outlook: Stable Financial Size Category: VII (S5O Million W $100 Million) Action: Armed Outlook: Stable Date: June 24, 2009 Actinti ARNrmad Effective Dale: June 24, 2009 * Denotes Under Review Ratings. See rating definitions Reports and News Visil our NWSRoom for the latest nOws entl Dress releases for this company and its A.M. Beat Group. AMU Credit Report - Insurance Professional (Ur!abdki (formerly known as Sears Company Report) - includes Bast's Rim rationale along will comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 07720/2009 (represents the latest significant change). Historical Ropers are available in AMU Credit Report Insurance Professional (Unabridged) Archive T-11 Bell's Executive Summary Reports (Financial Overview) - available in three versions. these presentation style reports feature balances 1Vi key finanaal performance tests uidudmg prefitebaity, liguid'dy and reserve analysis. —) Data Status: 2009 Bears Statement File - PIC.US. Contains data compiled as of 7124/2089 (Quality Cross Checked). k Single Company - five years of financial data specifically on this company. k Comparison side by sine financial analysis of this company with a peer group of up to five other companies you select. I Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite group. tt AMB Cre dit Report - Business Professional- prowess three years of key financial data presented with wistful chaos and tables. Each re latest Best's Ratings. Rating Rationale and an excerpt from our Business Rewew commentary. -' Data Status: Contains data compiled as of 7124O0O9 (Quality Cross Checked) Best's Key Rating Guide Presentation Report - includes Best's Financial Strength Rating and financial data as prowtletl in Bed's Key Re Data Status: 2007 Financial Data (Quality Cross Checked). Ri Financial and Analytical Products Bests Property /Casuehy Center - Premium Data it Reports Best's Key Rating Guide - PIC. US & Canada Best's Statement File - PIC. US Best's Statement File - Global Ball's Insurance Reports - PIC. Us & Canada Best's Slate Line - PIC. US Seat's)nsurmos Expense Exhibd(NEE) PIGVS Bests Satedule F (fronsgratica) -PIC. US Bests Schedule D (Mpmapal BOn451 -.Us Best'S.Sdredule D (PLelerrodslitti 3) -125 Best's Corporate Changes and Retirements - PIC. US/CN Bears Schedule P (LOSS Reserves) - PIC. US Bests Schedule D (Corporate Bonds) - US Beals Insurance Reports - Online - P/.C, US & Canada Customer Service I Product Suppgtf I Member Center I Contact Info) Careers http: / /www3. ambest. com / ratings /FullProfile.asp ?BI= O&AMBNum= 4048 &AItSrc =... 07/31/2009 ACKNOWLEDGMENT ................................ monsoon ............ Noun ........... monsoon ...... State of California County of On Public, personally appeared ss. before me, proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to same in his /her /their authorized capacity(ies), and that by instrument the person(s), or the entity upon behalf of which instrument. Notary ,who whose name(s) is /are me that he /she /they executed the his /her /their signatures(s) on the the person(s) acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) .................. ............................... so............. so............. OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: }+IQ$pt.Y tt, Af3aT¢w�+e+,l i 3 femot)*L, OF 4q e,55TVS' �.� o* Address: 17d_ 15,7. OCh�$eTu�p�- `C�FiU� mFtS>T %�- 1 P1n -ceN7-A , CA 474470 Phone: 71q grit",'- 100 1 State License Number. 113 601 S Name:A7E 3 /41_r4e Ate-- Address: 15-747 E. VA11tJ Olvd. ASb,S�7-aS etr,dtr.41- C "2y OF iNduS7ry Ca . R17uN COru , rAOTb( Phone: Q_�p -236 - DOgq State License Number: '760Z S43 Name: Address: Phone: State License Number. lu 5Talia t+lk� �g> FiGat Bidder Authorized Signature/Title, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formill Please print or type. 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 Ceroag R Jd %iJ:JS S115-A 93 Tq. K& Approximate Construction Dates: From kr a To: /D 41 AR Agency Name Contact Person Telephone (ate -�Sel - fat 6W Original Contract Amount $ Final Contract Amount amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any ciaims against you /Contractor? If yes, briefly explain and indicate outcome of claims. ftj,'L 500 j L.o ,, y o NQ ✓ I- �� �ZJ y9y- 016 No. Z Project Name /Number un,)3iafa Aurrlfrxi rid eap7r,oc:sNo .94- Agok -16y8 Project Description rQCOOF la,_ Qly;.1 pt�OM Ska F.pcnlAMA92 64101.01J,4 Approximate Construction Dates: From TO: fla..� 4 Agency Name 1400g>41 of Lay A#- IeJeg O - Contact Person Axt Ze 4z Telephone (213) 9V - Lid6c1 334, "340,00 Original Contract Amount $ Final Contract Amount $ FS % 3-70,00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. B Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? if yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. iaJesTara S 'rAQe -s R'00'c"W3 Bidder Authorized Signature/Title 12 Felix Ledesma 18605 Parthenia Street Northridge, CA 91324 Work 818 718 -0770 Occupation: Roofing Supervisor 25 years experience in roofing 12 years experience as Supervisor. Job description: Supervise approximately 60 employees, schedule jobs to be roofed, order materials, and coordinate projects, safety compliance coordinator, quality control inspector, roof inspector and customer service representative. Experience: Installed Built -up roofs, Tile roofs, Shingles, Modified roofs, Single ply Roofs and roof coatings. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 NON- COLLUSION AFFIDAVIT State of California } )SS County of ) Ito_59A) kR&4 -e.S being first duly sworn, deposes and says that he or she is ,?-),c i Cx'r of ta+e&7" sV,4 ", q , 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 arty advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged. information oT data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of C Ia hat the foregoing is true and correct. t ks; era S A rre y Roar w� s '0,.Y ; Ne. - <,� eARC.eT- Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this _day of C1 'Y 2009 by personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws o e to California that the foregoing paragraph is true and correct. otary Public [SEAL] A4— [V 2611 My Commission Expires: PATRICK NZ COMM. #1751708 NOTARY PUBLIC - CALIFORNIA ~ LOS ANGELES COUNTY emy Comm, Expires June 1$ 2031 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 DESIGNATION OF SURETIES Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): eo- QeX%,ick Gs. 3-2 3 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4196 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 100., iJ S %Cl i �S i4rr�_�L�"r�S 1IJc. 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 S, 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 2008 2007 2006 2005 2004 Total 2009 No. of contracts dV p 4- 46 iJ t L I � 43oa Total dollar Amount of Contracts (in 1,Qi3 000 5)0%om 3,z1W,00o 4,9A" 3gW obo }tlpl l�ooa ;j�7�,aro Thousands of $ No. of fatalities No. of lost Workday Cases _Q- No. of lost workday cases �, �� �,- 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 S, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder X37 v_� �Fj�Ja y er+� S i aSC Business Address: ly tA2 % Sc Nn,7 JJCIa 5�c c;*. Business Tel. No.: I State Contractor's License No. and Classification: Title �d The above information was compiled from the recors that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date of Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partnersljoint 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. 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 ACKNOWLEDGEMENT OF ADDENDA Bidders name 6tA24Te<w Sr !%es &6,C) &n suFre, s WC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents_ Addendum No. 17 CRY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 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: W 089�t�J 87,4j/a.g Name of individual Contractor, Company or Corporation: Ap5,C), g SVerre„1s ipr,. Business Address: PA4-r7UF-A;A 1,�, a>drTXricPct 0'1. 4L�`/ Telephone and Fax Number. California State Contractor's License No. and Class: -79-7-71-11 (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: 7/2//11 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of CAJ1 r6YVJ i Q 11-11 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for la pliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Ye No Are any claims or actions unresolved or outstanding? Ye to 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. 46, L1_11 � (Print name of Owner or President of Corpora ' n /Company) Authonzed Signatureffitle O FPO' C.¢.� Title , % -7 /�F /O ^r Date On efore me, 9-61-4- U44^­"( Notary Public, personally appeared Udg V_ez ve--;> who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /herftheir authorized capacity(fes), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. (SEAL) NoAry Public in and for said State My Commission Expires: ( LuA f 20 PATRICK LYMAN COMM. ii1751708 NIA 8 NOTARY PUBLIC • CALIFOR LOS ANGELES COUNTY My Comm. Expires June 18. 2011 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 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 fonnat 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. 1>f___.. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 CONTRACT THIS AGREEMENT, entered into this _ day of , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Western States Roof Systems, Inc., a Nevada corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT The work necessary for the completion of this contract consists of (1) distributing construction notices to nearby residents, (2) removing asbestos mastic using a state certified asbestos removal contractor, (3) removing and disposing of existing roofing and skylights, (4) framing skylight sections and repairing any damage to existing roof structure, (5) installing tubular daylighting devices, (6) installing fiberglass composite roof, (7) installing TPO flat roof, and (8) completing other incidental items in place as required by the Plans and Specifications. 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. 4195, 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 fumish 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 22 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 Seventy -Four Thousand, Six Hundred Fifty and 00 /100 Dollars ($74,650.00). 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: Peter Tauscher (949)644-3316 CONTRACTOR Western State Roof Systems, Inc. 18605 Parthenia Street Northridge, CA 91324 818 - 718 -0770 818 - 718 -7240 Fax 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 24 self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 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. 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. ORRI 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. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. 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. APPROVED AS TO FORM: Mynette D. Beauchamp Assistant City Attorney Cl A a WESTERN STATES ROOF SYSTEMS, INC. (Corporate Offic /" Print Name: By: (Financial Ofd er) Title: Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 BOND ISSUED IN FOUR (4) COUNTERPARTS BOND NO. 788704P PREMIUM: INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 BOND NO. 788704P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Western States Roof Systems, Inc., hereinafter designated as the "Principal," a contract for construction of COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT, Contract No. 4195 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. 4195 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, Indemnity Company of Californa 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 Seventy -Four Thousand, Six Hundred Fifty and 001100 Dollars ($74,650.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specked in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 07 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the spec cations 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 12th day of August '2009. Western States Roof Systems, Inc. (Principal) Indemnity Company of California Name of Surety Five Centerpointe, Ste. 530 Lake Oswego, OR 97035 Address of Surety (800)223 -2451 Telephone Authorized 1 " ut orized Agent Signature Gale Delo, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY'musT BE ATTACHED 29 ACKNOWLEDGMENT •..•.......• a .. a. ... s..I1.11. a ....aa11...a. a N a W. M . . . NO.* . . . MOWN.......... a ..., State of California County of San Bernardino } ss. On August 12, 2009 before me, S. Lynn Ewer Notary Public, personally appeared Gale Delo proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature S. LYNN EWER n m XN COM MA.46 0741X1 W u SAN Be NROM0, COUl1 N Cpmn EXP. JUL Y PP. 2012 (seal) ..... a........... 0............. ..... .................NM............. go . . . . . . . . . . Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION August 12, 2009 Payment Bond 2 Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney _ CEO I CFO / COO _ President / Vice - President t Secretary / Treasurer Other: Other 30 Thumbprint of Signer ii Check here If no thumbprint or fingerprint is available. POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY' INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92523 (949) 263.3300 KNOWALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby mate, constihde and appoint: ** *Peter M. Davis, Kenzie K. Thompson, Shannon Lopez, Martin M. Davis, George A. DeCristo, Gale Delo, jointly or severally * ** as their true and lawful A9amey(s)- Infect, to make, execute, deliver and acknmNedge, for and on behalf of said corpomdons, as sureties, bonds, undertakings and contracts of surety- ship giving and greeting unto said Afmmay(s) -in -Fact full power and authodty to do and to perform every act necessary, requisite or proper to be done In connection Iherea9h as each of sold corporations could do, but reserving to each of said rarpere0ons full power of substitution and revocation, and 88 of the acts of said Atbomey(sNn-Facl pursuard to these presents, are hereby ratified and confirmed. This Power o(Altomey is granted and Is signed by faeelmlle tender and by authority of the following resole lops adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any *a Presldenl of the corporation be, and that each of them hereby Is, authorized to execute Powers of Attorney, qua8tying OR abomay(s) named In the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of to corporations be, and each of thorn hereby Is, authorized toaftest (he execrNon of any such Power of Atlerney; RESOLVED, FURTHER, that the signakess of such oRlcare may be affaed to any such Power of Attorney or to any cerdf pate relating tharelo by famfmlls, and any such Power of Attorney or cerdfrcate bearhrg such facsimile signatures shall be valld and bind" upon the corporuions when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. g1,, AHD yy ?ANY 0 Stephen T. Pate, Senior Moe Preside �J apPORq FqY 3 �r �G OpPOg4 T q B1" ' 19 OCT. o� �C OCT. b r O Charles L. Day. Assistant Secretary 0988 ,}� ugT 1987 Stele of California . Canty of Orange On Jemmm lst. 2808 before me, ChdstoWhsr J. Roach. Notate Public Date Here been Name and 7159 of the Officer paraonalty appeared Stephen T. Pate and Chagos L. Day Name(s) of Sgner(s) who proved to me on the basis of safidectory evidence to be the persorl(s) whose names) islare subscribed to the within instrument end acknowledged to me that helshat hey executed the some M huRmAhe'u authorized CFiFB$T'OP►iER �. Rt3AC}t capacMies), and that by hiafhadthetr sgnature(s) on the Instrument the personls), or the endly upon behalf of C0MM. 0 t748BSB witch the pereon(s) sited, executed the Instrument NOUM PUBWC CALIFORNIA ORANGE COUNTY LtY oonufr. fB, 9D/1 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws at the Slate of CoMomla that the foregoing paragraph Is true and correct WITNESS my hand and CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cavity that the foregoing Power of Attorney remains In lull force and hap not been revoked, and Wetmore. that the provisions of the resolutions of the respective Boards of Dirrectora of sold corporations set form In the Power of Attorney, are in force as of the date or this Certikcata This Certificate is executed in the Cry of Indns, Callfamle, thel2th day of August , 2009 . BY" Albert Htlebrand, Assistant recrolarry ID- 1380(We4(Rev.07107) ACKNOWLEDGMENT • ......................a aa...a.......am.... man .............................. 1., State of California County of laS AwrCL 1 ss. / On .4dy-13 — 29,:29 before me, Notary Public, pergonally appeared 51,actrt.i (A✓C" - Kce�S ' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by his/her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BACHCfTAR SMrf±lf .� .a CON . (11856941 3 Rio n �LEs - cout�+ WORM W Comm. Ferri J* fi. 2013 Signature (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible W itness(es) Capacity of Signer: _ Trustee Power of Attorney _ CEO / CFO / COO President / Vice - President / Secretary / Treasurer Other: Other 31 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. BOND ISSUED IN FOUR (4) COUNTERPARTS BOND NO. 788704P Premium is for contract term and is subject to adjustment based on final contract pace. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 BOND NO. 788704P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is being at the rate of $ 20.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Western States Roof Systems, Inc., hereinafter designated as the "Principal ", a contract for construction of COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT, Contract No. 4195 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. 4195 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Indemnity Company of California 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 Seventy-Four Thousand, Six Hundred Fifty and 00/100 Dollars ($74,650.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety 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 12th day of August 2009. Western States Roof Systems, Inc. (Principal) Authorized Slgna itle Indemnity Company of California Name of Surety Five Centerpointe, Ste. 530 Lake Oswego. OR 97035 Address of Surety (800)223 -2451 Telephone .c e Au ized Agent Signature Gale Delo, Attorney-in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SUREW muST BE ATTACHED 33 ACKNOWLEDGMENT .....*.a% aaa. aaa, N..%N ............a .................. all N,,. a s N.... a al as *a a a a a a, State of California County of San Bernardino } ss, On August 12, 2009 before me, S. Lynn Ewer Notary Public, personally appeared Gale Delo proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J Signature S. LYNN EWER m COMM. 11907411 f1 NOTARY PUBLIPCAUFONMUI A SAN BERNARDINO, COUNTY OMYCOMM. &P. JULY 26,2012C (seal) aaa a a a a a a a a a a a a a a a.N...W. a a a a a a a a a a.. a.. a s a s %%%%%.aaaa*, a a a a a U a a a a a a a a a a. a a a a. al Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION August 12, 2009 Performance Bond 2 Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEOICFOICOO President / Vice - President / Secretary I Treasurer Other: Other 34 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint Is evetiable. POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY' INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92523 (949) 263 -3390 KNOW ALL MEN BY THESE PRESENTS, that as except as agpressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Peter M. Davis, Kenzie K. Thompson, Shannon Lopez, Martin M. Davis, George A, DeCristo, Gale Delo, jointly or severally * ** as their he and lawful Attomey(s)- Io-Fed, to make, execute, deliver and acknowledge, for and an behalf of said corparatians, as sumbes, bonds, undertakings and contracts of surey- ship ghring and granting unto said Attamey(s) -in -Fad fug power and authority to do and to perform every act necessary, requisite or proper to be done in connection thermIth as each of said corporations could do, but reserving to each of said corporations fug power of subsRullon and revocation, and all of the ads of said Attomey(s)- Io-Fsct, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facamnl underand by authority of the fallowing resofutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY .and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008, RESOLVED, that the chairman of the Beard; the President and any Vrce President of the corporation be, and that each of then hereby is, authorized to execute Powers of Attorney, qualifying the attanrey(s) named in lire Powers of Attorney to execute, an behalf of the corporations, hands, undertakings and contracts of suretyship; and Brat the Secretary or any Assistant Secretary of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomey or to any oer88cate relating thereto by facsimile, and any such Pourer of Attorney or certificate bearing such facsimile signatures shall be wild and binding upon the corporations alien so alfaed and In the future with respect to any bond, undertaking or contract of suretyship to which It Is attached. ' IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY .and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective *a President and attested by their respective Assistant Secretary this January 1st, 2008. Slab: 01 California County of Orange 1n. 2 OCT -8 '1.938 sP,p` W_ 1887 On January lst. 2008 before me„ Christopher J. Roach, Notary Public Date Here Insert Name and 71119 of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signers) The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full.force and has not been revoked, and furthermore. that the provisions of the resolutions of the respective Boards of Obscens of said corporations sit forth In the Power of Attorney, are In force as of the date of this Certificate. This Certficate Is executed in the C4 of Irvine. Cegfomia, thel2th day of Augus t , 2009. ,0' Albert Hlllebrand,Assistant ecretary ID- 1380(We0(Rev.07107) who proved to me on fhe.basis of satisladory-evidarrca to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that helshelthey executed the same In hisRredthoir authadzad CHRI&i"OPNEFI U• Ai cepactly(ies), and that by hislher/their signatures) on the instrument the person(s), ar the angy upon behalf of which the persons) acted, executed the instrument. COW 0 7745999 f 6 Y FUBIJC CALIFORNIA M lemyeomlu.flttplreaMey 1 car* under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is ORANGE COUNTY T.D, 2D11 he and comect. PP WITNESS my hand and o8 'ai seal. Place Notary Seal Above Signature Chnasir J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full.force and has not been revoked, and furthermore. that the provisions of the resolutions of the respective Boards of Obscens of said corporations sit forth In the Power of Attorney, are In force as of the date of this Certificate. This Certficate Is executed in the C4 of Irvine. Cegfomia, thel2th day of Augus t , 2009. ,0' Albert Hlllebrand,Assistant ecretary ID- 1380(We0(Rev.07107) ACKNOWLEDGMENT • .............. Y...a V,.. YYY... a................. .............................11 State of California County of Go ss. g / On before me, ' �� �t(, ,y� Notary Public, personally appeared 5 ae+avr G R-eCye- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BACNITTIIR SINGH ., Comm. !1855941 NOTARY PUBLIC • CALI:ORNIA .. LOS ANGELES COUNTY /Q 1p Cmm. Expires July 6,1013 GAX Signature (seal) ............................. J.................. ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEO /CFO /COO _ President I Vice - President / Secretary / Treasurer Other: Other I 011 Thumbprint of Signer Check here If no thumbprint or fingerprint Is available. 08/24/2009 17:07 FAX IM 001 /003 ACORL). CERTIFICATE OF LIABILITY INSURANCE 0=4'M4 PRODUCER 310.798 -0282 GARY KELLEY KELLEY INSURANCE SERVICES 1001 HERMOSA AVE STE 201 HERMOSA BEACH, CA 90254 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED PY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 0 INSURED WESTERN STATES ROOF SYSTEMS INC 18605 PARTHENIA ST NORTHRIDGE CA 91324 INSURERA: LANDMARK AMERICAN INSURANCE CO A INSURERS: SAFECO INSURANCE B INSURER C: RSUI INDEMNITY D INSURERO: LIBERTY MUTUAL INSURANCE C INSURER E' EACHOCCURRENCE CCIVPRGGPS 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 OTNER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN LS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR RMINSURVICS POLICY NUMBER POLICYEFFECTI IUT10N �� A p X OtALLUUnLFry CON MERCNLGENERALLIABILITY CLAIMSMADE FRI OCCUR LHA134201 810112009 8/01/2010 EACHOCCURRENCE $ 1900000 ,P:YIMI s 50000 MEDEXP yonpM 5 50M PERSONALLADVINAIRY s 1000000 GENERALAGGREGATE S 2000000 GENTAGGREGATEUIRT APPLIES X POLICY X PROi PER I.oc PRODUCTM,COMPXTPAGO $ 2000000 B AUTOMOBILE X LUIBILIIY ANYAUro ALLOWNEDAUTOS SCHEDULEDAUTOS HIREDAUTOS NO"MEOAUTOS O1CH 550762 -3 ; 8/31/2009 ` 8/31/2010 COMBWEDSINGLELINIT (EaaaVem) i 1000000 BODILY INJURY (PwpO ) i X 80MLY INJURY iPFraoc q i X PROPERTYDAMAGE (PVasV * S pARgpELIABLITY ANYAUTO AUTOGNLY,EAACCIDENT S OTHERWAN EAACC AUTOONLY•. AGO S $ D EXCESSIUMBRELLALTA19LITY OCCUR 0CLMSMADE X AI DEDUCTIBLE RETENTION S NHA224447 8124109 811/2010 EACH OCCURRENCE AGGREGATE' -- S 2000000 E s S i C WORHEASCONPENSATNNIAND ENPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFIGERIMEMBEREXCLUDEDT SECAPOVISOSD 1 255797-01 $/29109 b/29l2010 X WC STATU' 0 S.L. EACHACCIDENT is 1000000 E.L. DSEASE, EA E -- 0 E.L. DISEASE, POLIMYOT 00000 OTHER DESCRWTON DF OFERATNINSILOCATXINSI VEHIC1.6i1 EXCLUSIONSAODSD BY ENDORSEMENTI BPEML PROVISCNE CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS,EMPLOYEES AND VOLUNTEERS TARE ADDITIONAL INSUREDS. THE INSURANCE IS PRIMARY & NON CONTRIBUTORY PER ATTACHED RSG 15017 03 07 (1185) AND RSG 14048 0903 - COVERAGE IS PRIMARY WITH WAIVER OF SUBROGATION INCLUDED, JOB COMMUNITY YOUTH CENTER ROOF REHABILATION PROJECT- CONTRACT # 4196 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92556.8915 SHOULD ANY OF THE ABOVE DESCRIBW POLCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WE MUWG INSURER MIL ENDEAVOR TO MAIL `3D DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL NPOSE NO O TID MURER ITS AGENTS OR 08/24/2009 17:08 FAX IM 002/003 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET - PRIMARY AND YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Ir3y:i�drl�4 of Person or Organization: y person or organization to whom or to which you are obligated by virtue f a written contract or by the Issuance or existence of a written permit, to rovide Insurance such as is afforded by this policy. 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 ads or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and/or "your work' defined for the additional insured(s) designated above included in the "products - completed operations hazard". B. If you are required by a written contract to provide primary Insurance, this policy shall be primary and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. THE CITY OF NEWPORT BEACH,. ITS OFFICERS, AGENTS, EMPLOYEES ANIT VOLUNTEERS FOR LOSSES ARISING FROM WORK PERFORMED BY THE CONTRACTOR FOR THE CITY PROJECT: 4195 NEWPORT BEACH COMMUNITY CENTER ROOF REHABILITATION 3000 5TH AVE NEWPORT BEACH CA This endorsement effective 08/01/2009 forms part of Policy Number LHA134201 issued to WESTERN STATES ROOF SYSTEMS by Landmark American Insurance Company RSG 16017 1207 Includes copyrighted material of Insurance Services Office, Inc. 1984 (1185) with its permission 08/24/2009 17:09 FAX IM003/003 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to SECTION IV — CONDITIONS, 8. TRANSFER OF RIGHTS' F RECOVERY AGAINST OTHER TO US: r We waive any right of recovery we may have against the person or organization shown Ir the SCHEDULE above because of payment we make for Injury or damage arising out of your ongoing operations, "your producr or -your work" done under a written contract with that person or organization an J included In the `product - completed operations hazard'. This waiver applies only to the person or orgar Ization shown in the SCHEDULE above. THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEE AND VOLUNTEERS FOR LOSSES ARISING FROM BfORK PERFORMED BY THE ONTRACTOR FOR THE CITY" I PROJECT: 4195 NEWPORT BEACH COMMUNITY CENTER ROOF REHABIL T'ATION 31)00 5TH AVE NEWPORT BEACH CA This endorsement effective 08101/2009 forms part of Policy Number LHA134201 issued to WESTERN STATES ROOF SYSTEMS by Landmark American Insurance Company Includes copyrighted material of Insurance Services Office, Inc. 1982 with its permission. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 08 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following - attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 8118/2009 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. MBSSIP- 00083 -09 of the issued to Western States Roof Systems, Inc Premium (if any) Ongoing Endorsement No. 1 Mainstay Business Solutions (A Self Insured Plan) (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the total payroll associated with work performed for the respective client for the life of this specific job. Schedule Person or Organization Job Description City of Newport Beach P.W.D. Newport Beach Community Center 3300 Newport Beach Blvd. 2100 Mariners Drive Newport Beach, CA 92663 Newport Beach, CA Start Date: 9/812009 Est. Completion Date: 9130/2009 WC 252 (4 -84) Page 1 of 1 WC 04 03 06 (Ed. 4 -84) Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 8/25/2009 DeptdContact Received From: Shaun Oyler Date Completed: 8/25/2009 Sent to: Shauna Oyler By: Jennifer King Company /Person required to have certificate: Western States Roof Systems, Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Landmark American Insurance Co B. AM BEST RATING (A: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? $1MM /$2MM/$2MM E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ 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 L 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: SafecolnsuranceComoan B. AM BEST RATING (A: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted) Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes N No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: RSUI Indemnity B. AM BEST RATING (A: VII or greater): A: XI C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? GL: Non - Admitted Carrier ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto: Additional Insured Endorsement was not provided Oyler, Shauna To: Farley, Lauren Subject: RE: Western States Roof Systems Inc. - Community Youth Center Roof Rehabilitation Thanks so much I will attach this e-mail to my documents From: Farley, Lauren Sent: Tuesday, August 25, 2009 10:23 AM To: Oyler, Shauna Cc: 'Jennifer Icing'; Anderson, Cheryl Subject: RE: Western States Roof Systems Inc. - Community Youth Center Roof Rehabilitation Shauna, Approval given to waive admitted status and auto additional insured endorsement. Bring over the documents if you want us to sign off on them. Lauren From: Oyler, Shauna Sent: Tuesday, August 25, 2009 10:04 AM To: Anderson, Cheryl; Farley, Lauren Subject: Western States Roof Systems Inc. - Community Youth Center Roof Rehabilitation Will you accept the attached. Carrier is not - admitted and no Auto additional insured endorsement? See the Checklist from CalSurance attached to the certs... We are ready to start this project as soon as I receive your approval. Thanks so much << File: 1537_001.pdf >> California Business Search Page 1 of 1 DISCLAIMER: The information displayed here is current as of JUL 24, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation WESTERN STATES ROOF SYSTEMS, INC Number: C2220799 Date Filed: 2/29/2000 Status: active Jurisdictio Address 17500 DONMETZ GRANADA HILLS, CA 91344 Agent for Service of Process ALAN L ROSEN ROSEN AND LOEB 15233 VENTURA BLVD STE 410 SHERMAN OAKS, CA 91403 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: // kepler. ss. ca. gov/ corpdata/ ShowAilList ?QueryCorpNumber= C2220799 &pri... 07/31/2009 Query MID Page 1 of 1 LOG OFF QUERY ADO NEW Ri WERGI Phone #: Name: Address: MaslerlD �t�n states "n Query returned no - PLEASE TRY records MERGE http: / /www.citynet.newport- beach.ca.us /mastedd /query.asp 07/31/2009 Check a License or Home Improvement Salesperson (HIS) Registration - Contr... Page 1 of 2 Department of Consumer Affairs Contractors State Li r e oard Contractor's License Detail - License* 797741 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. > CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B &P 7071.1 7, only construction related civil judgments reported to the CSLB are disclosed. ->> Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. ,>> Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: .. 797741 Extract Date: 07/31/2009 . - --- _... ..._....._.- ................... .................... .... ...... _.......- .._..._......... _ ......... ...__...,....,..... ....... .. WESTERN STATES ROOF SYSTEMS INC Business Information: 18605 PARTHENIA STREET NORTHRIDGE, CA 91324 Business Phone Number: (818) 773 -9471 Entity: Corporation ........ ............... — ...... . Issue Date: 07/24/2001 Expire Date: 0 7131 /201 1 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: C39 ROOFING CONTRACTOR'S BOND This license filed Contractor's Bond number 70128130 in the amount of $12,500 with the bonding company WESTERN SURETY COMPANY. Effective Date: 01/01/2007 Bonding: Contractors Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) RICHARD WAYNE REEVES certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/24/2001 This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Workers' Compensation: Policy Number: 639 - 0000207 Effective Date: 03/01/2008 ;tea- �i_.: - <- Buis- _ .�. •.__.�_ _ .�.- _...•...,�z �_- ^^- s������ , Check a License or Home Improvement Salesperson (HIS) Registration - Contr... Page 2 of 2 Expire Date: 03/01/2010 Workers' Compensation History P.... ..... ....—nihi--- -....._....-- -- -------- ie-- --.. ..... ......... ............ ... - .............. _ Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright © 2009 State of California https: / /www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetaii.asp 07/31/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 ADDENDUM FAX COVER SHEET Date: July 24, 2009 NOTICE TO ALL PLANHOLDERS: ATTACHED PLEASE FIND ADDENDUM NO. 'I FOR CONTRACT NAME: Community Youth Center Roof Rehabilitation CONTRACT NO: C-4195 The addendum must be signed and attached to the bid proposal. PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COYER SHEET: Three (8.5 x 11) sheets Please Notify Sender If Transmission is Incomplete. f. users \pbvAshareftontracts\fy 09- 70 \cyc roof rehab c- 4M)addendum fax cover sheeuloc Page: 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 COMMUNITY YOUTH CENTER ROOF REHABILITATION PROJECT CONTRACT NO. 4195 DATE: July 24, 2009 TO: ALL Drawings: Delete Construction Note 3 on sheet 3 of 6: 3. Install new TPO roof as per manufacture's drawings and specifications. Replace in kind any damaged wood under sheathing as necessary before installing new roof. Replace with Construction Notes 2 and 4 on sheet 3 of 6: 2. Install new shingle roofing as per manufacturer's drawings and specifications. Replace in kind any damaged wood under sheathing as necessary before installing new roof. 4. Remove and dispose of existing skylight including wood curb and framing, replace with W plywood on 2" x 6" roof joist @ 16" O.C. ready to receive new single roof. Install ceiling and ceiling milers under roof joist to match existing ceiling. New 2" x 6" roof joists to extend to nearest 4" x 16" rafter for attachment and support. Page: 2 of 2 The amended drawing sheet No., 3 of B, is available to plan holders free of charge at the Public Works counter. Bidders must sign this Addendum No. 1 and attach It to the bid proposal. Bid may not be considered unless this signed Addendum No.1 is attached. 1 have carefully examined this Addendum and have included full payment in my Proposal. W'e'RT.elA�' 4darie 1QmLi Bidder's Name (Please Print) Date Authorized Signature & Title f:YleM\VWfSharedlr iFj 09 -lftyc roof iehO 041051eddaWum no. t c4195.4x CRY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL Community Youth Center Roof Rehabilitation CONTRACT NO. 4195 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4195 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the worts, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ Oiue, :d ouga„r� Dollars and njo Cents $ 1gow, 00 Per Lump Sum 2. Lump Sum Photographic Records of Building and Site Pre- Construction Condition @ Five Hundred Dollars and Zero Cents $ 500.00 Per Lump Sum 3. Lump Sum Asbestos Removal TWO -Moo"'j G;1/e140X)CPf -zd Dollars and nJC) Cents $ SOO.co Per Lump Sum PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 4 a 7. A Lump Sum Lump Sum 900 BF 20 Each Demolition of Roof and Underlayment Tuoosmye) Dollars and ti3 y Cents Per Lump Sum Roof Framing per Contract Drawings @Two T/%ysgAint Dollars and No Cents Per Lump Sum Remove and Replace Damaged Materials @ - Sig(. , Dollars and i<i i=ry Cents Per Board Foot 21 -inch Tubular Daylighting Device @ g/trt(vaaJrec3 is ra Dollars and Ain Cents Per Each Lump Sum Fiberglass Composite Shingle Roof and Undedayment rw Eu Ty/ N i oj e,-(KojS4Nd @ PId- MuAdced Dollars and ,yo Cents Per Lump Sum 9. Lump Sum Thermoplastic Membrane Roofing (TPO) Flat Roof srol"/Uoo SR.J� @ cidc Mopid,-e.4 Dollars and $ 6. Co $ a, CM. 00 T7o $ ci �Cb- cn Nd Cents $ '614 �-00. ae Per Lump Sum PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Paint -fWo T/(oJ5aacQ @ F, L/C ku,ucl ,rcd Dollars and 00 Cents $ D Per Lump Sum 11. Lump Sum As -Built Drawings @ One thousand five hundred Dollars and Zero Cents $ 1500.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and No Cents $ r7i to f' 00 Total Price (Figures) 0-7 /,2 /OS Dam , &IY- 7/8`0 -770 11;� Flk- Tiff-7a -qo Bidders Telephone and Fax Numbers 797-7 N 1 e,- �9 Bidders License No(s). and Classification(s) (/fe$Tm/N w-a-nLS 4200r ;lo,4 SYSTe^.3 71ic. Bidder Bidde s Auihar¢ed Signature and Title 1&603 Pac�K IA Ys. n�n�rDfr�o�ae_ Ca-, 9/3;W 1:7:6[ -r-Ur The selection of lowest responsible bidder shall be based on the Total Base Bid amount above. The bid amount entered for the additive bid Item below is for the sole purpose of City Information. The City may, during construction, elect to construct one, all, or none of these additive bid items through Change Order(s). Al. 2 Each Install 144nch Tubular Daylighting Device V-9, uu,Jdced Dollars and /Ua Cents $ Soo. 00 $ Per Each 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 F, I PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS COMMUNITY YOUTH CENTER ROOF REHABILITATION CONTRACT NO. 4195 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 6 -11 PRE -BID MEETING 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 F, I SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -5 PERMITS 5 7-8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -8.8 Cleanliness 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9-3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 10 PART 2--- CONSTRUCTION MATERIALS SECTION 204 LUMBER AND TREATMENT WITH PRESERVATIVES 10 204 -1 LUMBER AND PLYWOOD 10 204 -1.1 Kinds 10 SECTION 210 PAINT AND PROTECTIVE COATS 10 210.1.1 General 10 210 -1.3 Paint Coats 11 SECTION 215 ROOFING MATERIALS 11 215 -1 UNDERLAYMENT 11 215 -2 COMPOSIT SHINGLE 11 215 -3 TPO FLAT ROOF 11 SECTION 216 TUBULAR DAYLIGHTING DEVICE 11 216 -1 21 -INCH TUBULAR DAYLIGHTING DEVICE 11 216 -2 14 -INCH TUBULAR DAYLIGHTING DEVICE 11 PART 3 - -- CONSTRUCTION METHODS 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 SECTION 310 PAINTING 12 310 -5 PAINTING VARIOUS SURFACES 12 310 -6 MANUFACTURERS 12 SECTION 313 ASBESTOS REMOVAL 12 313 -1 GENERAL 12 SECTION 314 COMPOSITE SHINGLE INSTALLATION 12 314-1 GENERAL 12 SECTION 700 SUPPLEMENTAL CONSTRUCTION MATERIALS AND METHODS 12 700 -1 TUBULAR DAYLIGHTING DEVICE 12 700 -2 ASBESTOS SURVEY REPORT 18 f: \users \pbw \shared \contracts \fy 08- 09 \cyc roof rehab c4195\specs index c4195.doc SP 1 OF 34 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS COMMUNITY YOUTH CENTER ROOF REHABILITATION CONTRACT NO. 4195 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- 5211 -5); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; and (5) California Building Code 2007 Edition. 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 (1) distributing construction notices to nearby residents, (2) removing asbestos mastic using a state certified asbestos removal contractor, (3) removing and disposing of existing roofing and skylights, (4) framing skylight sections and repairing any damage to existing roof structure, (5) installing tubular daylighting devices, (6) installing fiberglass composite roof, (7) installing TPO flat roof, and (8) completing other incidental items in place as required by the Plans and Specifications." SP2OF34 SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. 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. SP3OF34 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, photographic records have been submitted, 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 their 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 20 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material 'prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 151 (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 4m the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31 st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 318t falls on a Sunday, the following Monday is a holiday. If January 1 st, July 4th, November 11th December 24th December 25th or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Construction will need to accommodate the Community Youth Center activities to the maximum extent practicable. Attached is a list of scheduled CYC activities. Contractor shall work on days when CYC activities are at a minimum. SP4OF34 Normal working hours shall generally be Saturdays from 8:00 a.m. to 6:00 p.m., Monday through Friday from 7:00 a.m. to 12:00 p.m., and times approved by the Engineer. 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. 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 $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 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." 6 -11 PRE -BID MEETING. The City will conduct a pre -bid site meeting on the date and at the time specified in the Invitation to Bid. Bidder attendance at this meeting is OPTIONAL. Bidders shall meet at the Community Youth Center at 3000 Fifth Avenue. The purpose of the Pre -bid Site Meeting is to acquaint prospective bidders with the site, local physical features, site logistics, obstructions, water and power sources, and security conditions and issues. The conditions and requirements of these Specifications will govern over any information presented at the Pre -bid Site Meeting. Addenda will be prepared and issued, as necessary, to effect any changes to these specifications. SP5OF34 SECTION 7-- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS Replace this section with "The project is deemed `permit ready' by the City's Building Department (Plan Check No. 0937 - 2009). The Contractor shall obtain building permits from the Building Department prior to starting work. City of Newport Beach Building Department permit and inspection normal inspection fees will be waived." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. The BMP shall be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 5P6OF34 7 -8.8 Cleanliness. The worksite shall be clean, free of debris, and ready for scheduled Community Youth Center activities by the end of each work day. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add to this section: "The CYC Building and surrounding jobsite has been completely renovated recently. Any damage done to the existing improvements shall be repaired to match existing. The contractor shall be responsible for protecting all portions and appurtenances of the building not defined by the project scope from damage." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in City right -of -way or property if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. SP7OF34 Handicapped parking space shall be available for public use at all times. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess either a valid Class -B or Class C -39 California State Contractor's License. Asbestos removal shall be completed by a State Certified Asbestos Abatement Contractor. 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. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. It shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built" Mylar plans and CD 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; delivering all required notification to residents, posting signs; establishing a field office; establishing construction storage location; preparing the BMP Plan and construction schedule; temporary construction fencing surrounding areas that are subject to falling construction debris while the CYC is open for public use, and all other related work as required by the Contract Documents. Item No. 2 Photographic Records of Building and Site Pre - construction Condition: Work under this item shall include providing the City labeled photographs of the building exterior and interior, parking lot, existing roof, existing skylights, accessories and fixtures attached to the building, and landscaping. Photographs shall be provided to the City via 4 "4" minimum size colored prints and in electronic ".jpg format. Construction activities shall not start until the photographs have been received and the Engineer has authorized work to commence. Item No. 3 Asbestos Removal: Work under this item shall include removing and disposing of roof mastic by a State Certified Asbestos Abatement Contractor following SCAQMD removal Procedure 1 — HEPA Filtration. All SCAQMD manifests documenting removal shall be provided to the City under this payment item. Item No. 4 Demolition of Roof and Underlayment: Work under this item shall include removing and disposing of existing roof, flat roof section, underlayment, flashing, staples and nails associated with the roof, any materials damaged and in need of replacement, and all other items as required for the exposed surface to receive new roofing and to complete the work in place. Flashing and all other portions on the building shall be protected in place. SP9OF34 Item No. 5 Roof Framing per Contract Drawings: Work under this item shall include framing existing skylight locations, preparing for installation of tubular daylight devices, installing fiberglass insulation, installing plywood decking, trusses, rafters, finish interior with matching tongue and grove, and all other work items as required to complete the work in place. Flashing and all other portions on the building shall be protected in place. Item No. 6 Remove and Replace Damaged Materials: Work under this item shall include removing and replacing damaged plywood decking, trusses, rafters, finish tongue and groove, and all other work items as required to receive the new roofing and complete the work in place. Damage shall have been from a pre- existing condition unrelated to the current Contract. Flashing and all other portions on the building shall be protected in place. Item No. 7 21 -inch Tubular Daylighting Device: Work under this item shall include furnishing and installing 21 -inch Solatube Model 750 DS -O, SolaMaster® open ceiling unit, accessories, and all other items as required to complete the work in place. The Contractor shall make arrangements, at no cost to the City, for a manufacturer's representative to be present during placement of the tubular daylighting devices, to ensure all work is done in accordance with the manufacturer's specifications. A receipt and warranty certificate stating the City as the owner entitled to warranty coverage shall be provided under this payment item. Item No. 8 Fiberglass Composite Shingle Roof and Underlayment: Work under this item shall include furnishing and installing all necessary roofing mastic, 30 pound underlayment, 40 -year commercial grade laminated fiberglass shingles, accessories, and work items required to complete work in place. A receipt and warranty certificate stating the City as the owner entitled to warranty coverage shall be provided under this payment item. Item No. 9 Thermoplastic Membrane Roofing (TPO) Flat Roof: Work under this item shall include furnishing and installing all necessary flashing, roofing mastic, white TPO single ply roof system, '/4 -inch deck roofing installation, accessories, and all other work items as required to complete the work in place. A receipt and warranty certificate stating the City as the owner entitled to warranty coverage shall be provided under this payment item. Item No. 10 Paint: Work under this item shall include furnishing and painting of all vents, tubular daylighting devices, metal surfaces, and all other work items as required to complete the work in place. Item No. 11 As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These plans must be kept up to date and submitted to the engineer for review prior to monthly pay request. A mylar hard copy SP 10 OF 34 and a compact disc (CD) with each drawing sheet saved as a *.pdf shall be included as part of this payment item. ADDITIVE BID ITEM Item No. Al 14 -inch Tubular Daylighting Device: Work under this item shall include furnish and installing of a 14 -inch Solatube Model 290 DS, Brighten Up® closed ceiling unit, accessories, and all other work items as required to complete the work in place. The Contractor shall make arrangements, at no cost to the City, for a manufacturer's representative to be present during placement of the tubular daylighting devices, to ensure all work is done in accordance with the manufacturer's specifications. A receipt and warranty certificate stating the City as the owner entitled to warranty coverage shall be provided under this payment item. 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. The release of retention payment on the roofing work shall be made only after the roofing systems have been proven "water tight" after one rain season and no earlier than April 30, 2010." PART 2 CONSTRUCTION MATERIALS SECTION 204 - -- LUMBER AND TREATMENT WITH PRESEVATIVES 204 -1 LUMBER AND PLYWOOD 204 -1.1 Kinds. Add to this section: 'Tongue and groove ceiling shall match existing ceiling and shall be replaced as necessary extending to first structural member. Tongue and grove board sections shall not be less than 8 -feet in length unless total measured area is less than 8- feet." SECTION 210 - -- PAINT AND PROTECTIVE COATS 210 -1.1 General. Add to this section: "Paint shall be pigmented to match the existing paint color of the building's interior and exterior surfaces. Paint samples shall be provided to the Engineer for approval, paint samples shall include manufacture, paint name, and color code. A protective coating, such as 2Guard Clear® or approved equivalent shall be applied to painted surfaces. The Contractor shall submit specifications and protective coating the Engineer for approval prior to application." SP 11 OF 34 210 -1.3 Paint Coats. Add to this section: `Paint shall be of highest quality, from a reputable paint manufacture specializing in preservation metal in harsh marine environments." SECTION 215 - -- ROOFING MATERIALS 215 -1 Underlayment. After decking has been inspected, a minimum 30 pounds per square felt paper layer of roofing underlayment shall be placed in accordance with manufacture instructions and 2007 Uniform Building Code. 215 -2 Composite Shingle. Composite shingle roof shall a commercial grade, 40- year, "Class A" roofing material installed in accordance with manufactures instructions and 2007 Uniform Building Code. 215-3 TPO Flat Roof. TPO flat roof shall consist of a white, single -ply roofing system. System shall consist of an 80 mils (0.080 ") thick membrane mechanically attached to % -inch deck roofing insulation. SECTION 216 - -- TUBULAR DAYLIGHTING DEVICE 216 -1 21 -Inch Tubular Daylighting Device. Unit shall be 21 -inch Solatube Model 750 DS -O, SolaMaster® open ceiling unit with an effective daylight capture surface area of 750 square inches. The unit shall include, but not limited to, acrylic dome, self mounted flashing, reflective tube, security bar, dome security kit, OptiView diffuser, and all applicable accessories. 216 -2 14 -Inch Tubular Daylighting Device. Unit shall be 14 -inch Solatube Model 290 DS, Brighten Up@ closed ceiling unit with an effective daylight capture surface area of 290 square inches. The unit shall include, but not limited to, acrylic dome, self mounted flashing, reflective tube, security bar, dome security kit, daylight dimmer, necessary extensions, OptiView diffuser, and all applicable accessories. PART 3 CONSTRUCTION METHODS 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city. newport- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove all related waste material from the job site at the end of each workday." SP 12 OF 34 SECTION 310 --- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.7 A minimum of two coats of paint shall be applied to all exposed vents, tubular daylighting devices, and metal surfaces. 310 -5.8 A finish coat of 2Guard Clear will be applied to all exposed metal vents, tubular daylighting devices, and metal surfaces. 310 -6 MANUFACTURERS 310 -6.1 Acceptable Manufacturer: 2Guard, which is located at: 1276 South Lyon Street; Santa Ana CA 92705; Tel: 714 - 542 -4002; Fax: 714 - 542 -2801; Web: www.2civard.com For pricing, please contact Jeff Bower, Chief Marketing Officer. SECTION 313 - -- AESBESTOS REMOVAL 313 -1 General. Asbestos survey prepared by Envirocheck, Inc. dated November 4, 2008 indicates the presence of Asbestos Containing Material (ACM) in excess of one percent (1 %). The roof mastic shall be removed by a State Certified Asbestos Abatement Contractor. The licensed contractor shall follow SCAQMD removal Procedure 1 — HEPA Filtration. All SCAQMD manifests documenting removal shall be provided to the City. SECTION 314 - -- COMPOSITE SHINGLE INSTALLATION 314 -1 General. Composite shingle shall be nailed into the decking. Staples or alternative fasteners shall not be used. PART 7 SECTION 700 - -- SUPPLEMENTAL CONSTRUCTION MATERIALS AND METHODS 700 -1 TUBULAR DAYLIGHTING DEVICE PART 1 GENERAL 1.1 SECTION INCLUDES A. Tubular daylighting device, consisting of roof dome, reflective tube, and diffuser assembly; configuration as indicated on the drawings. B. Accessories. SP 13 OF 34 1.2 REFERENCES A. ASTM E 84 - Standard Test Method for Surface Burning Characteristics of Building Materials; 2008a. B. ASTM A 463/A 463M - Standard Specification for Steel Sheet, Aluminum Coated, by the Hot Dip Process; 2006. C. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc Coated (Galvanized), by the Hot Dip Process; 2007. D. ASTM E 283 - Test Method for Rate of Air Leakage Through Exterior Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across the Specimen; 2004. E. ASTM E 308 - Standard Practice for Computing the Colors of Objects by Using the CIE System; 2006. F. ASTM E 330 - Structural Performance of Exterior Windows, Curtain Walls and Doors; 2002. G. ASTM E 547 - Test Method for Water Penetration of Exterior Windows, Skylights, Doors and Curtain walls by Cyclic Air Pressure Difference; 2000. H. ASTM D 635 - Test Method for Rate of Burning and/or Extent of Time of Burning of Self - Supporting Plastics in a Horizontal Position; 2006. I. ASTM D -1929 - Test Method for Ignition Properties of Plastics; 1996 (2001). J. UL 181 - Factory Made Air Ducts and Air Connectors K. UL 790 - Standard for Tests for Fire Resistance of Roof Covering Materials; 2004. L. ICBOIICC AC -16 - Acceptance Criteria for Plastic Skylights, 2008. 1.3 PERFORMANCE REQUIREMENTS A. Completed tubular daylighting device assemblies shall be capable of meeting the following performance requirements: 1. Air Infiltration Test: Air infiltration will not exceed 0.30 cfm /sf aperture with a pressure delta of 1.57 psf across the tube when tested in accordance with ASTM E 283. 2. Water Resistance Test: No uncontrolled water leakage at 10.5 psf pressure differential with water rate of 5 gallons /hour /sf when tested in accordance with ASTM E 547, 3. Uniform Load Test: a. No breakage, permanent damage to fasteners, hardware parts, or damage to make daylighting system inoperable or cause excessive permanent deflection of any section when tested at a Positive Load of 150 psf (7.18 kPa) or Negative Load of 70 psf (3.35 kPa). b. All units shall be tested with a safety factor of (3) for positive pressure and (2) for negative pressure, acting normal to plane of roof in accordance with ASTM E 330. 4. Fire Testing: a. When used with the Dome Edge Protection Band, all domes meet fire rating requirements as described in the 2006 International Building Code. b. Self- Ignition Temperature - Greater than 650 degrees F Per: U.B.C. Standard 26 -6. See ASTM D -1929. C. Smoke Density - Rating no greater than 450 Per U.B.C. 8 -1 (See ASTM Standard E 84) in way intended for use. Classification C. d. Rate of Burn and /or Extent - Maximum Burning Rate: 2.5 inches /min (62 mm /min) Classification CC -2: U.B.C. Standard 26 -7. See ASTM D 635. SP 14 OF 34 e. Rate of Burn and/or Extent - Maximum Burn Extent: 1 inch (25 mm) Classification CC -1: U.B.C. Standard 26-7. See ASTM D 635. 1.4 SUBMITTALS A. Product Data: Manufacturer's data sheets on each product to be used, including: 1. Preparation instructions and recommendations. 2. Storage and handling requirements and recommendations. 3. Installation methods. B. Shop Drawings. Submit shop drawings showing layout, profiles and product components, including anchorage, flashings and accessories. C. Verification Samples: As requested by Engineer. D. Test Reports: Independent testing agency or evaluation service reports verifying compliance with specified performance requirements. 1.5 QUALITY ASSURANCE A. Manufacturer Qualifications: Engaged in manufacture of tubular daylighting devices for minimum 15 years. 1.6 DELIVERY, STORAGE, AND HANDLING A. Store products in manufacturer's unopened packaging until ready for installation. B. Store and dispose of solvent -based materials, and materials used with solvent -based materials, in accordance with requirements of local authorities having jurisdiction. 1.7 PROJECT CONDITIONS A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits. 1.8 WARRANTY A. Daylighting Device: Manufacturer's standard warranty for 10 years. B. Electrical Parts: Manufacturer's standard warranty for 5 years, unless otherwise indicated. PART 2 PRODUCTS 2.1 MANUFACTURERS A. Acceptable Manufacturer: Solatube International, Inc., which is located at: 2210 Oak Ridge Way ; Vista, CA 92081; Toll Free Tel: 888 - 765 -2882; Tel: 760 -477 -1120; Fax: 760 - 5974488 Email: request info; Web: wvvw.solatube.com For pricing, please contact Tracy Naugle, Carmel Architectural Sales, 714 - 345 -8084. 2.2 TUBULAR DAYLIGHTING DEVICES A. Tubular Daylighting Devices General : Transparent roof - mounted skylight dome and self - flashing curb, reflective tube, and ceiling level diffuser assembly, transferring sunlight to interior spaces; complying with ICBO1ICC AC -16. B. SolaMaster Series: Solatube Model 750 DS-0 Open Ceiling, 21 inch (530 mm) Daylighting System: SP 15 OF 34 1. Roof Dome Assembly: Transparent, UV and impact resistant dome with flashing base supporting dome and top of tube. a. Outer Dome Glazing: Type DA, 0.125 inch (3.2 mm) minimum thickness injection molded acrylic classified as CC2 material; UV inhibited, impact modified acrylic blend. b. Inner Dome Glazing: Type DAI, 0.115 inch (3 mm) minimum thickness acrylic classified as CC2 material. c. Inner Dome Glazing: Type DPI, 0115 inch (3 mm) minimum thickness polycarbonate classified as CC1 material. 2. Raybender 3000: Variable prism optic molded into outer dome to capture low angle sunlight and limit high angle sunlight. 3. Roof Flashing Base: One piece, seamless, leak -proof flashing functioning as base support for dome and top of tube. a.Base Material: Sheet steel, corrosion resistant conforming to ASTM A 653/A 653M or ASTM A 463/A 463M, 0.028 inch (0.7 mm) thick. b. Base Style: Type F04, Self mounted, 4 inches (102 mm) high. G. Base Style: Type F08, Self mounted, 8 inches (203 mm) high. d. Base Style: Type F11, Self mounted, 11 inches (279 mm) high. e. Base Style: Type FCM, Curb cap, with inside dimensions of 27 inches by 27 inches (685 mm x 685 mm) to cover curb as specified in Section 07600. f. Flashing Insulator: Type Fl, Thermal isolation material for use under flashing. 4. Tube Ring: Attached to top of base section; 0.090 inch (2.3 mm) nominal thickness injection molded high impact PVC; to prevent thermal bridging between base flashing and tubing and channel condensed moisture out of tubing. 5. Tube Ring Seal: Attached to the base of the dome ring; butyl glazing rope 0.24 inch (6 mm) diameter; to minimize air infiltration 6. Dome Seal: Adhesive backed weatherstrip, 0.63 inch (16 mm) tall by 0.28 inch (7 mm) wide. 7. Reflective Tubes: Aluminum sheet, thickness 0.018 inch (0.5 mm). a. General: 1) Interior Finish: Spectralight Infinity high reflectance specular finish on exposed reflective surface. Specular reflectance for visible spectrum (400 nm to 760 nm) greater than 99 percent. Total solar spectrum reflectance (400 nm to 2500 nm) less than 93 percent. 2) Color: a* and b* (defined by CIE L *a *b* color model) shall not exceed plus 2 or be less than minus 2 as determined in accordance to ASTM E 308. b. Top Tube Angle Adapter, Type TA: 1) Reflective 30 degree adjustable Top Tube Angle Adapter, 16 inches (406 mm) long. C. Bottom Tube Angle Adapter, Type BA: 1) Reflective 30 degree adjustable Bottom Tube Angle Adapter, 16 inches (406 mm) long d. Extension Tube: 1) Reflective extension tube, Type EXX, Notched for Open Ceiling diffuser attachment, 24 inches (610 mm) long 8. Diffuser Assemblies for Tubes Not Penetrating Ceilings (Open Ceiling): Solatube Model 750 DS -O. 21 inch (530 mm) diameter diffuser attached directly to bottom of tube. a. Lens: Type L1 OptiView Fresnel lens design to maximize light output and diffusion. Visible Light Transmission shall be greater than 90 percent at 0.022 inch (0.6 mm) thick. Classified as CC2. b. Diffuser Seal: Open cell foam, acrylic adhesive backed, 0.75 in (19 mm) wide by 0.125 in (3.2 mm) thick. G. Diffuser Trim Ring: Injection molded acrylic. Nominal wall thickness 0.172 SP 16 OF 34 inches (4.4 mm) 9. Accessories: a. Security Bar: Type B Security Bar 0.375 inch (95 mm) stainless steel bar across flashing diameter opening. b. Open ceiling trim ring: Type R, Aluminum. Nominal thickness of 0.018 inch (0.5 mm). C. Wire Suspension Kit: Type E, Use the wire suspension kit when additional bracing to the structure is required. d. Security Kit: Type SK Dome Security Kit, rivets with nylon spacers to replace dome screws. C.Brighten Up Series: Solatube Model 290 DS: 14 Inch (350 mm) Daylighting System: 1. Roof Dome Assembly: Transparent, UV and impact resistant dome with flashing base supporting dome and top of tube. a. Outer Dome Glazing: Type DA, 0.125 inch (3.25 mm) minimum thickness impact resistant injection molded acrylic classified as CC2 material; UV inhibiting, impact modified acrylic blend. b. Raybender 3000: Variable prism optic molded into outer dome to capture low angle sunlight and limit high angle sunlight. C. LightTracker Reflector: Aluminum sheet, thickness 0.015 inch (0.4 mm) with Spectralight Infinity. Positioned in dome to capture low angle sunlight. 2. Flashing Base: One piece, seamless, leak -proof flashing functioning as base support for dome and top of tube. a. Base Pitched: Pitched Type FPM, 22.5 degrees slope from horizontal, 4 inches (102 mm) high. 3. Roof Flashing Turret Extensions: Provide manufacturer's standard extensions for applications requiring: a. Type T02: Additional lengths of 2 inches (50 mm) extension. 4. Tube Ring: Attached to top of base section; 0.090 inch (2.3 mm) nominal thickness injection molded high impact acrylic; to prevent thermal bridging between base flashing and tubing and channel condensed moisture out of tubing. 5. Reflective Extension Tube: Aluminum sheet, thickness 0.015 inch (0.4 mm). a. Interior Finish: Spectralight Infinity high reflectance specular finish on exposed reflective surface. Visible spectrum (400 nm to 760 nm) greater than 99 percent. Total solar spectrum (400 nm to 2500 nm) less than 93 percent. b. Color: a` and b' (defined by CIE L'a'b' color model) shall not exceed plus 2 or be less than minus 2 as determined in accordance to ASTM E 308. C. Tube Diameter: Approximately 14 inches (356 mm). 6. Reflective 30 degree Adjustable tube: Aluminum sheet, thickness .015 inch (0.4 mm) a. Interior Finish: Spectralight Infinity high reflectance specular finish on exposed reflective surface. Visible spectrum (400 nm to 760 nm) greater than 99 percent. Total solar spectrum (400 nm to 2500 nm) less than 93 percent. 7. Reflective 90 degree Adjustable tube: Aluminum sheet, thickness .018 inch (0.5 mm) a. Interior Finish: Spectralight Infinity high reflectance specular finish on exposed reflective surface. Visible spectrum (400 nm to 760 nm) greater than 99 percent. Total solar spectrum (400 nm to 2500 nm) less than 93 percent. b. Extension Tube Angle Adapter: Provide manufacturer's standard adaptors for applications requiring: 1) Type Al one 0 to 90 degree extension tube angle adapter. 2) Type A2 two 0 to 90 degree extension tube angle adapters. 8. Ceiling Ring: Injection molded impact resistant acrylic. Nominal thickness is 0.110 inches (2.8 mm). 9. Dual Glazed Diffuser Assembly: a. Lower glazing (Optiview Fresnel Lens): Molded polycarbonate plastic classified as CC1 material. The nominal thickness is 0.022 inches (0.61 mm). b. Diffuser Trim Ring: Injection molded acrylic. SP 17 OF 34 1) White Trim (Optiview Fresnel Lens): Type L1. 10. Accessories: a. Lighting Fixture for 290 DS model: Bracket mounted inside system just above diffuser; UL listed. b. Local Dimmer Control: Provided with dimmer switch and cable. 1) Daylight Dimmer: Type D Electro- mechanically actuated daylight valve; for universal input voltages ranging between 90 and 277 V at 50 or 60 Hz; Maximum current draw of 50 me per unit; controlled by low voltage, series Type T02: circuited, 4 conductor, 22 gauge cable; providing daylight output between 2 and 100 percent. 2) Switch: Type SW, Manufacturer - specific low voltage DC DP /DT switch (white) required to operate Daylight Dimmer. Note: A maximum of 10 units can be connected to one switch. 3) Cable: Type CA, Two conductor, 22 gauge, low voltage cable (500 ft.) for multiple unit DC connections. C. 0 to 10 V Dimmer Control: 1) Controller: Requires solid state, low voltage controller capable of 0 to 10 V DC modulating input control of up to 40 daisy chained 0 to 10 V dimmer units. Controller provided as specified in Section 16500. 2) Wire Suspension Kit: Type E, Use the wire suspension kit when additional bracing to the structure is required 2.3 ACCESSORIES A. Fasteners: Same material as metals being fastened, non - magnetic steel, non - corrosive metal of type recommended by manufacturer, or injection molded nylon. B. Suspension Wire: Steel, annealed, galvanized finish, size and type for application and ceiling system requirement. C. Sealant: Polyurethane or copolymer based elastomeric sealant as provided or recommended by manufacturer. PART 3 EXECUTION 3.1 EXAMINATION A. Do not begin installation until substrates have been properly prepared. B. If substrate preparation is the responsibility of another installer, notify Engineer of unsatisfactory preparation before proceeding. 3.2 PREPARATION A. Clean surfaces thoroughly prior to installation. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. 3.3 INSTALLATION A. Install in accordance with manufacturer's printed instructions. B. After installation of first unit, field test to determine adequacy of installation. Conduct water test in presence of the Engineer, or their designated representative. Correct if needed before proceeding with installation of subsequent units. SP 18 OF 34 3.4 PROTECTION A. Protect installed products until completion of project. B. Touch -up, repair or replace damaged products before Substantial Completion. END OF SECTION 700 -2 ASBESTOS SURVEY REPORT SP 19 OF 34 Asbegas Testing i Lead Testing r Micmbiat Te.uim g I Mmuagement ♦ Analysis ♦ EnvironwnW Assesrmeru ASBESTOS SURVEY City of Newport Beach Attn: Mar: Reader 3300 Newport Boulevard Newport Beach, CA 92663 Report Date: November 4, 2008 Subject Property: 3000 5d, Avenue Corona Del Mar, CA 92625 Inspection Date: October 30, 2008 1.0 INTRODUCTION This report presents the analytical results of the Limited Asbestos Survey performed on the subject property listed above by Envirocheck, Inc. 2.0 LIMITATIONS The findings set forth in this report are strictly limited to the time, date and scope of the investigation. The results presented in this report are based on the analytical testing performed by the certified laboratory. The results from the sampled locations are representative of de entire homogeneous material /areas and not just the locations sampled. According to AHERA.40CFR, 763.87 (c)(1),(2) -A homogereous area is considered not to be Asbestos Containing Material (ACM) only when all required samples collected from a homogeneous area indicate revels below regulated limits and a homogeneous area is considered ACM when at least oar of the required samples collected indicates levels above regulated limits. This report does not guarantee that all inaccessible, hidden, or indistinguishable materials will be identified or sampled. Samples were limited to the materials and locations listed on the chain of custody. Materialslareas that were not sampled shift be presumed w be asbestos containing until proven otherwise by appropriate sampling procedures. Square footages are estimates only and should not be used for bidding purpose s. 3.0 SAMPLING PROTOCOL AND TEST METHODS The purpose of this Limited Asbestos Bulk Survey is as follow • The facility was inspected for the presence of suspect ACM and P.ACM where demolition or renovation operations will occur. • Envirocheck personnel identified all accessible and recognizable tylxs of suslvct ACM and PALM. • Asbestos testing and survey was performed by Davis Vo, CSST Number 06 -3987 of Envirocheck, on 10/30108. • The samples were submitted to Euvirocheck's in -house laboratory, located at 2211 W. Orangewood Avenue, Orange, CA 92868, (800) 665-7586. • Envirocheck, Inc. NVLAP #200548 -0 • The inspector performed an inspection for suspect asbestos containing materials listed above following ttr provisions of 40 CFR Part 763.86. • The Inspector is CAVOSHA certified and shall conform to procedures outlined in the EPA Building Inspector Course. 2211 West On mgewaadAvenue * Orange. CA 92W • Telephone: (860)665- 7586 ♦ Fax: (714)937 -4755 SP 20 OF 34 • AHERA (Asbestos Hazard Emergency Response Act) sampling methods and protocols were used. • Each asbestos sample collected was analyzed utilizing the Method specified in Appendix A, Subpart F, 40 CFR Part 763, Section t, Polarized Light Microscopy (PLM) Method by a NVLAP Certified Laboratory. 4.0 EXECUTIVE SUMMARY 4,1 Limited Asbestos Bulk Survey The sampled materials that ex avded the EPA level of I e% and the Cal -OSHA level 0.1 e% for asbestos Content were: Table-4,l Positive Results Material: I Location: Friable: Condition: SqR. % Asbestos Roos Penetration Mastic I Exterior Room No Good -20 2% Chrysotile Table-4.2 Negative Results Material. Location: Drywall Mud Multi - Purpose Room Stora Re Closet Drywall Mud Office Drywall Mud Halfway Drywall & Mud Composition Hallway Drywall & Mud Composition Multi - purpose Room Base Cove Hailwav Base Cove. From Entry Rooting Shingle (To) Exterior Root' Roofing Shingle (Bottom) Exterior Roof Roofing Felt Exterior Roof Roof Tar Exterior Roof Recommendations: • Periodic sutveiltance For ru serials found in Good Condition • Repair or removal for materials found in Damaged Condition • Removal for materials found in Sienifrcintt Damage • Removal prior to renovation or demolition activities that may cause disturbance • Procedure S sbatl be filed with SCAQMD when asbestos is significantly dislocig Notice: According to AHERA, 40 CFR, 763.87 (c)(I),(2) - A homogeneous area is considered not to be Asbestos Containing Material (ACM) only when all required samples collected from a homogeneous area indicate levels below regulated limits and a homow tie ous area is considered ACM when at least one of die required samples collected indicates levels above regulated limits. Notice: Cal -OSHA defines asbestos containing construction materials as materials containing asbestos in amounts greater than 0,1% by weight. The EPA defines asbestos containing materials as materials 2211 Wesa ChangewoodAvenue ♦ Orange, C4 92868 ♦ Telephone: (800)665 -7585 # Fns: (714)937 -0755 SP 21 OF 34 containing asbestos in amounts greater than I% by weight When materials are determined to be less than I% and greater than 0.1 % only Cal -OSHA requirements will apply to removal procedures tmless determined otherwise by a Certified Asbestos Consultant or the Local Air Quality Management District, Polarized Light Microscopy (PLM) analysis has a limit of quantification of 1%. PLM samples determined to contain levels of less than 1% can be presumed to contain levels greater than 0.1% or can be submitted for Transmission Electron Microscopy (TTEM) analysis to determine levels with quantification limits of at a minimum of 0.1%. Federal and State regulations only require. the PLM method for asbestos building surveys and therefore submission of TEM bulk samples must be requested and authorized by dte client. Note: interpretations of the regulatory language with regards to wail systems (i.e., drywall, gypsum board, wallboard, plaster and stucco) multi- layers composite sampling vary; therefore it is important to be familiar with the local NESHAPS (AQMD) enforcement and local OSHA enforcement agencies individual interpretations of the standards to avoid citation and fines. 5.0 REMOVAL PROCEDURE @71ra t rix9). WiSee9 it 919 SJil igtua Al ialll kA In the United States, building materials containing mote then one percent (1 %) asbestos by weight are considered by the Environmental Protection Agency (EPA) to be asbestos containing materials (ACM}. All asbestos containing materials (ACM) and Class R asbestos - containing materials shall be removed from a facility prior to any demolition, or renovation activities as promulgated by National Emissions Standards for Hazardous Air Pollutants (NESHAPs), A State Licensed Asbestos Abatement Contractor must perform Hit work relating to the disturbance of the asbestos containing materials and must follow Cal -OSHA and local NESHAPs (SCAQMD) regulations as well as outer applicable local regulations. Furthermore, ACM greater than I % asbestos by weight that is removed shall be disposed of as asbestos containing hazardous waste. wren asnestos material is.i `P or Tess In the State cif California, building materials containing more than one tenth of one Percent (>O.I %) asbestos by weight are considered asbestos containing construction materials (ACCNI). A State Licensed Asbestos Abatement Contractor must perform all work relating to the disturbance of to asbestos containing construction materials and must follow Cal -OSHA regulations (ACCM e0.1% is outside the jurisdiction of the local NFSHAPs 1 SCAQNfDi. Furthermore, ACCNI greater than 0.1% and less than t% asbestos by weight that is removed is not considered asbestos containing hazardous waste and may be disposed of as general construction waste. The following SCAQh4D pruceduretst shall be used when removing or stripping ACM that is greater than I % • Procedmr, I SCAQNID PROCEDURE DEFINITIONS (1) Procedure 1 - HEPA Filtration Remove ACM within in isolated work area. The following techniques shall be used during Procedure 1 ACM removal activities: (1) All stationary objects mid surfaces not intended for removal or stripping of ACM shall be covered with plastic sums: ling: 2211 Wea Orangewood Avenue • Omnge. C4 92868 ♦ Tekphone: (800)665 -7586 • Far: (714)937-0755 SP 22 OF 34 (2) All air passageways, such as doms,windows, vents and registers in the work area, shall be covered and rendered air tight with plastic sheeting or hard wooden barriers with studded support. Air passageways used to provide makeup air for the isolated work space nod not be covered; (3) All sources of air movement, including the air - handling system, shall be shut off or temporarily modified to restrict air movement into the work torte; (4) The barriers used for the construction of the isolated work area -hail be equipped with transparent viewing ports which allow outside observation of all stripping and removal of ACM; (5) The isolated work area shall be vented, with negative air pressure to a HEPA filtration system, which shall be operated continuously from the commencement of removal activities through the fatal clean -up of the work area; (6) The HEPA filter shall be free of tears, fractures, holes or other types of damage and shall be securely latched and properly situated in the holding frame to prevent air leakage from the filtration system; and (7) ACM shall be adequately wet during the removal process. (III Procedure 2- Glovehng Remove by the glovebag method or minienclostnes designed and operated according to 29 CPR section 1926.1101(g), Appendix G, and current CaVOSHA requirements. (III[) Procedure 3 - Adequate Wetting Procedure 3 shall only be used to remove non - friable asbestos - containing materials, using tie following techniques: (1) All exposed ACM shall be adequately wet during cutting or dismantling procedures. (2) ACM shall be adequately wet while it is being removed from facility components and prior to its removal from the facility. (3) Drop c loths and nerving shall be used to contain the wont area to the extent feasible. (4) Only non -power toots shall Ix used. (IV) Procedure 4 - Dry Removal Obtain written approval from the Executive Officer's designee prior to using dry removal methods for the control of ash osttx emissions when adequate wetting procedures in the renovation wank area would unavoidably damage equipment or present a safety hazard. Dry removal methods may include ore or more of the following: (1 i Use of a HEPA filtration system, operated in accordance with subclause (d)t. t }(Dl(i }(1), within an isolated work area; (2) Use of a glovebag system. operated in accordance with subdause (d)0)(D)(i)dl): or (31 Use of leak -tight wrapping or an approved alterna(ive, to contain all ACM removed in units or sections prior to dismande-nu ot. i V) Prvavdut•e 5 - Approved Altornathve (1) Use an alternative combination of techniques and/or engineering controls. Written approval from the Executive Officer or his designee shall be obtained prior to the use of a Procedure 5 Approved Alternative. (2) The Executive Officer may pre - approve specific combinations of techniques and/or engineering controls in writing, which may be used by any person as a Procedure 5 Approved Alternative, subject to such conditions and limitations as required by tlm Executive Officer. (3) No (arson shall use a Procedure 5 Approved Alterative without complying with all of the conditions and limitations set forth therein. 2211 West orwjSewoodAwwe # Orruage. CA 92868 ♦ Tehrphaue.• (800)665-7586 r Fen:., (714)937 -0755 SP 23 OF 34 (B) Spedflc procedure requirements (I) No person shall nemove or strip ACRd or Class 11 non - friable ACM that has suffered damagle from file, explosion, or natural disaster without the use of n Procedure 5 Approved Alternative. 6.0 STATEMENT OFQUA41b7CATIONS Emirocheck, Inc is a fully accredited and certified laboratory, maintaining proper Stare end Federal licenses, pemdts and tcrlificmiom Ouremployees mecive tlaoughtminiag in project maeagxrrer4 mpiervivhdm, inspection and asbestos abutment trsiumgg Condnoing education is maintained through programs designated to renew certification and to track with special supervisory and marmgensent needs. Corporate, accreditation and credentials are esrreed by proven proficiency through a number of independent audits and irmsbga ion. Sines their ineeptimi, Ewirochec44 Inc has consistently Lame mvmded all credentials and nocreditia ons soaght NtSTfN VLAP Nation lostiture of Standards and Technology National Voluntary Laboratory Accreditation program Lnb 8 206318.6 Accuracy of Polarized Light Microscopy (bulk) madysis is evaluated by participation in N1917 National Voluntary Laborm yr Accreditation Program(NVLAPJ AAERA miluims NVLAPamtedi tation for bulk asbasms analysis (by PLM) performed during school building snnzys. N1ST, formerly NBSNational Bureau of Standards. primarily focuses on development andestablishmest of quality control standards for labonamres. NIST ensures that standards are net through a thorough accredharinn process. Acrseditation for labormoeias performing analysis of bulk materials for she promote of asbestos is awarded after the laboratory successfully passes an onsite inspection, during which she futiliy, Wehnidm)& processes and record - keeping are mutchillyevolunted. Additionally, each quarter, the laboratory must successfully analyze audit bulk material samples for the pmwncc, type and percentage of asbestos. QUALITY ASSURANCE Erwiraeh eck, Inc, thoroughly monvors quality control through a detailed prngrdinievmuming and documenting Elie ability to consistently mpmoduca analytical results. To accomplish chi.• wC low developed a standard tat elf prolottVS that em.orripasa simple collection. handling, analysis, and taporting. Dan quality isavaluated nursed on both imtr- laboratory control and duplicate analysis, All PLM (Polarized Light Microscopy) and PCM lPbftW ConuaA Microscopy) samples taken ar received by Envirncheek. Inc undergo proper chaitwf- custody and tog -in doeom: mmion. Comamiaotion of bulk samples is controlled by ensuring that only qualified personnel collect the samples in an approved container mid thm PCM is determined by blind replicate analysis on IM of all randomly selected samples by an Etwnocheck. fnc, Quality Cones! Manager and each microscopist Each microscopist is issued one reference slide per day for analysis. Additionally, quality control is maintained by: polarised Light Microscopy (PL1.f): On a quarterly basis, we exchmi? round robin xumpks with two tvirr labormones in our wen. fit, sample resulu are cumpw'ed %ah the results of the odrr labdaamefor asbestos presento, type and percentage composition, Duplicate and referenced samples arc issued no a daily basis by the Quality Control Manager and also are urrdyzed for asbestos presence, type and percentage. The data for these quality control activities is thin Compiled mad commit charts are produced to help interbred tie sample results with regard to imedinca analyst precision and accuracy, as vaell as imerhatra laboratory precision and acts xy. Phase Contrast Microscopy (PChfk Each analyst's Ccefirciem of Variation (LV1 is determined by daily analysis of reference slides. The established CV for the analyst is Oran used to verify that 169, blind recoum of an samples 2211 Wen Oratygmwhl Ameme r Oninge. CA 92M a Telephone: (800166.`i7.586 ♦ Fax: (714)437 -0055 SP 24 OF 34 is within acceptable limits. Regular updates if intralinter analysis and irtrarinter laboratory cmurol charts ate produced form the data coMeted. Round robin sample exchange is performed from PCM samples, as was described for PLM. 7.0 ASBESTOS RELATED TERMS AHERA — Asbestos Hazard Emar @irtcy Response Act ( Regulaus School Facilrtfies) ASHARA — Asbestos School Hazard Reauthorization Act. (includes public and commercial buildings under AHERA regulation) A CM — Asbestos Containing Materials (materials containing gre star than man (1) percent by weight) ACCNI — Asbestos Containing Construction Materials (CAL- OSHA's term for materials containing greater than one tenth of one (D.1) percent by weight) PACNI — Presumed Asbestos Containing Materials (materials considered asbestos containing without laboratory analysis) CAC — Certified Asbestos Consultant (State of California certified individual allowed to perform all aspects of asbestos related impectioq managetamt, planning, and design work and to direct CSST(s) and review andexecute asbestos reports unto state law.) CSST— C erti6ed Site Surveillance Technician (Allowed to perform all aspects of asbestos related inspection, mamgernmr4 work under the direction of a CAC.) CAL. OSHA aka. (DOSH) Division of Occupational Safety and Health (California Governing body regulating worker protection) OSHA — Occupational Health and Safety Administration N IOSH — National Institute of Occupational Safety and Health EPA — Environmental Protection Agency (Regulates Environment and Waste Stream) DOT — Deparurtent of Transportation NESHAPS — National Emissions Standani for Hazardous Air Pollutants S(,'AQIID — South Coast Air Quality Management District i local division of NESHAPS) NV L!P— National Voluntary Laboratory Accreditation Program Al HA — American Industrial Hygiene Association CFR — Code of Federal Regulations CCR —California Code of Regulations PL41— Polarized Light Microscopy (also known as ­Bulk" sample) KAI — Phase Contrast Microscopy 'OEM — Transmission Electron Microscopy labornlnry Report'rerms: ND- Noun Detected A — Area Sample (air monitoring) AA - Area After (Clearance Type Sample) P — Personal Sample (Employee monitoring type sample) 2211 West OrangewrwdAuenue ♦ Orartge, C4 92868 • Telephone: (SW)b65 -7556 r Fax: (714)937 -0755 SP 25 OF 34 Flt — Excursion tEmployee monimring type of sam* during peek activities) BK- Blank (used for quality assurance) &0 CERTIFIED ASBESTOS CONSULTANT SIGNATURE Any individual performing services as an asbestos consultant or site surveillance technician as referenced and defined in section 1529(b) of Title 8 of the California Code of Regulations must Ix cenitied by the State of California, Division of Occupational Safety and Health (DOSH). Asbestos consultant shall maintain copies of AHERA training certificates for management planner, abatement project designer, abatement contractor and supervisor, and all subsequent annual refresher courses. The complete abatement project designer course certificate is only required for certifications provided after July 1, 1994. Site surveillance technician applicants shall maintain copies of AHERA training completion certificates for inspector, and abatement contractor need supervisor, and all subsequent annual refresher courses. Certificates for abatement worker and abatement project designer may be utilized In lieu of the abatement contractor and supervisor certificate. Specific qualifications are required pursuant to section 1529(o) of Title 8 of the California Code of Regulations for certification. The educational qualifications, ( diploma, official transcript, or other lmoof), and qualifying work experience as specified in Business and Professions Code sections 7184 and 7185 have been met by the individual(s) performing asbestos related consulting activities or site surveillance technician activities. Qualifying work experience includes technical work associated with asbestos consulting activities. Written references attesting to the applicant's qualifying work experierce which ate certified under the penalty of perjury as required. Vinh Q. Phan. CAGI 03 -3356 2211 Wev Orange%YW Avenue r Orange, CA 925'68 # Tetepkone: (800)66.5 -7586 a Fuc: (714)937-0755 SP 26 OF 34 NV/A'i?Ci 'L �C, INC, Kv IW 2211 Weal Orangewood Avenue Orange, GA 92MB NVLAP LAB CODE 200IR&C Asbasbie Laborstafy Teat BMW Sarripla Reception DaM : 11031 Cummer. Chy of Newport Beach .Mb Lacattarr 3600rA Averam Attention: Nark Header Ccrata Del Mrr CA 33010 Newport Bodevaid Newport Beads CA 92693 Semple rte. 1 2 3 4 5 9 7 8 0 t0 AsbeeNos No No No No No No No No Na No Artieint N.D. N.D. N.D. N.D. N.D. N.D. ND. N.D. N.D. N.D. Type L orlon Must Lake Nanx.y H.Wq mum Rdkww FrmtEmy 6wwim Eat rabariw Putus. Puqua Red Red Roof Rumn Raw, (8md Material Dgwan Dwal tx a l Oy"I Orpe.11 BasecW9 9moCwa Radig Rml" Poaftig Mud Mud Mud Lku &Mid shksfa smqu Fat Carpoosl.n empadtlm tropt 6iDftn9 Color Whits Wfea Whls, Whim Wfika PA* Ride Rafe Black Made Sub, sampfas Narc HMO Han. Nora Nxs Ilona Now Now Nwe Nor* Homo- gaseous Ya. No Yea Na No No Yoe Yea N. Ya. Materials; Minarets i x x x x x x x CswhR I x A X x X x x Ciellutse <194 <ie, 841 a4G Plastic I x I x X I Departures 14 n Nm. Nona Ham Nors Hen. Nam Ham Nus Nm. Analyst _ Data Analyzed: 11103 MIS Were eti by the'IntwimMethod tortiw etertn a n of AsbeMSITM n&t 82-M, and EPAI'90WfMI 16. The Omit of damrikm for esbashos is a 1% by weight, mtd the Omit of eryarN6ce ion is 1.0%a greater by weight The Stele of California defines an asbestos conteirdre con-steuctlon material as Y v*u 0,1% asbestos or more by wont Ali sarrplea are disused of within 30 days unless the customer requests mherwiss. This report shelf not be reproduced ez:ept In full, w"vout the written approval of the labmwW. The report mud nut be used by the ant to dabn product certification, spproval, a endorse merd by NYLAP. NISr, or any agency d the fadsral govem rent Test reaulte relate only to the items bested. Sarnples having no asbestos detected by PLM may test positive by TEM aneynls. EWIROC-1ECK, INC. 791:714037 -0750 FAX7141937.0756 SP 27 OF 34 ENVIROCIVECKp � 2211 West Orangewood Avenue Orange, CA 92868 NVLAP LAB CODE. 2OD546-0 __�.- ,...n. _... :.x. .,., .tee «t — Cuaeaner: G* of Nwport Beach Attention: Mark F%adsr 3300 Nemm BoL4eaard No. 11 12 a Yea No 2% N.D. Ch Kaft Hoot Rol Rom Roof ter Pvmhmion mordc Rod Wl*pa Hhek Nora rbm Voo % 2 Nona Nom Jab 1,ocalWn: MW fish Av®rwe Corona Del Mat, CA 9262b 82 -020, and EPAMOIR-93"119. The limit of deteadon for mbesms is <1% by woUlt and the limp d quandfhadm is 1.0% or greater by weight The Stem of Caliiania defines an asbearms omtainhg oonstrucdon memtial m having 4.196 asbestoa or more by weightAl samptea are disposed of within 30 deye unless the cusatmer raquem otherwise. This report "I not be raproduc ed excsptin full, without the written approval of the laboratory. The report moat not be used by the client to cieirn product cmfification, approval, m an lmemrent by WLAP, NIST, or any agerey cd the Federal government Teat rawrha tela6s only to the Item tested. Borrow haft no asbestos detected by Pt.M mey mat posWe by TEM armly -sis ENVIROCHE ING Te1:714 -M7- -0760 FAX714r937.0766 SP 28 OF 34 700 -3 ROOFING 700 -3.1 Fiberglass Shingle Roof PART 1 GENERAL 1.1 SECTION INCLUDES A. Fiberglass roofing shingles. B. Leak barrier and moisture shedding roof deck protection. C. Metal flashing associated with shingle roofing. D. Attic ventilation. 1.2 SUBMITTALS A. Selection Samples: Two complete sets of color cards representing manufacturer's full range of available colors and patterns. B. Manufacturer's installation instructions, showing required preparation and installation procedures. Contractor shall provide five sample shingles to the Engineer for inspection. 1.3 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the roofing system products specified in this section, with minimum of 10 years experience. 1.4 DELIVERY, STORAGE, AND HANDLING A. Store products in manufacturer's unopened labeled packaging until ready for installation. B. Store products in a covered, ventilated area, at temperature not more than 110 degrees F (; do not store near steam pipes, radiators, or in sunlight. C. Store bundles on flat surface to maximum height recommended by manufacturer; store rolls on end. D. Store and dispose of solvent -based materials, in accordance with requirements of local authorities having jurisdiction. 1.5 WARRANTY A. Provide manufacturer's standard Labor and Material Guarantee where the manufacturer agrees to repair or replace the portion of the roofing materials, which have resulted in a leak due to a manufacturing defect or defects caused by ordinary wear and tear. 1. Duration: Forty (40) years from the date of completion. PART 2 PRODUCT A. Color: 1. As selected by Engineer from manufacturer's brown pallet range. B. Fiberglass Shingle: 1. Shingle shall be a high quality 40 -year commercial grade. 2.2 HIP AND RIDGE SHINGLES SP 29 OF 34 A. High profile self sealing hip and ridge cap shingle matching the color of selected roof shingle. 2.3 UNDERLAYMENT A. Leak Barrier: 1. Self- adhering, self sealing, bituminous leak barrier surfaced with a smooth polyethylene film. B. Roof Deck Protection: #30 Roofing Underlayment: Water repellent breather type cellulose fiber building paper. Meets or exceeds the requirements of ASTM D 4869 Type 11. 2.4 ASSOCIATED PRODUCTS A. Fasteners 1. Standard round wire shingle type, zinc- coated steel or aluminum; 10 to 12 gauge (3.416 mm to 2.657 mm for steel) (2.588 mm to 2.052 mm for aluminum), barbed or deformed shank, with heads 3/8 inch (9.5 mm) to 7/16 inch (11 mm) in diameter; length sufficient to penetrate at least 3/4 inch (19 mm) into solid wood or just through plywood or oriented strand board. B. Metal Flashing: 1. 24 gauge (0.607 mm) hot -dip galvanized steel sheet, complying with ASTM A 653/A 653M, G90/Z275. PART 3 EXECUTION 3.1 EXAMINATION A. Do not begin installation until roof deck has been properly prepared. B. If roof deck preparation is the responsibility of another installer, notify Engineer of unsatisfactory preparation before proceeding. 3.2 REMOVAL OF EXISTING ROOFING A. Remove all existing roofing down to the roof deck. B. Verify that deck is dry, sound, clean and smooth, free of depressions, waves and projections. C. Cover with sheet metal all holes over 1 inch (25 mm) diameter, cracks over 1/2 inch (12 mm) in width, loose knots and excessively resinous areas. D. Replace damaged deck with new materials. 3.3 PREPARATION A. Clean deck surfaces thoroughly prior to installation of leak barrier and underlayment. Replace any damage plywood sections with 'h -inch plywood or matching. C. At areas to receive leak barrier, fill knot holes and cracks with latex filler. 3.4 UNDERLAYMENT INSTALLATION A. Install using methods recommended by manufacturer in accordance with latest City of Newport Beach — adopted Building Code. SP 30 OF 34 B. Eaves: 1. Place eave edge metal flashing tight with fascia boards; lap joints 2 inches (50 mm) and seal with plastic cement; nail at top of flange. C. Roof Deck: 1. Install one layer of roof deck undedayment over entire area not protected by eave or valley membrane; run sheets horizontally lapped so water sheds. 2. On roofs sloped at more than 4 in 12, lap horizontal edges at least 2 inches (50 mm) and at least 2 inches (50 mm) over eave protection membrane. 3. On roofs sloped between 2 in 12 and 4 in 12, lap horizontal edges at least 19 inches (480 mm) and at least 19 inches (485 mm) over eave protection membrane. 4. Lap ends at least 4 inches (100 mm); stagger end laps of each layer at least 36 inches (915 mm). 5. Lap undedayment over valley protection at least 6 inches (150 mm). D. Penetrations: 1. At vent pipes, install a 24 inch (610 mm) square piece of leak barrier lapping over roof deck protection; seal tightly to pipe. 2. At vertical walls, install leak barrier extending at least 6 inches (150 mm) up the wall and 12 inches (305 mm) on to the roof surface lapping over roof deck protection. 3. At skylights and roof hatches, install leak barrier up the sides of the frame and 12 inches (305 mm) on to the roof surface on all sides, lapping over roof deck underlayment. 4. At rake edges, install metal edge flashing over leak barrier and roof deck protection; set tight to rake boards; lap joints at least 2 inches (50 mm) and seal with plastic cement; secure with nails. 5. At hips and ridges, install leak barrier along entire lengths. If ridge vents are to be installed, position the leak barrier so that the ridge slots are not covered. 3.5 INSTALLATION OF SHINGLES A. Install in accordance with manufacturer's instructions and requirements of latest City of Newport Beach — adopted Building Code. 1. Avoid breakage of shingles by avoiding dropping bundles on edge, by separating shingles carefully (not by "breaking" over ridge or bundles), and by taking extra precautions in temperatures below 40 degrees F (4 degrees C). 2. Handle carefully in hot weather to avoid damaging shingle edges. 3. Secure with 4 to 6 nails per shingle; use number of nails required by manufacturer or by code, whichever is greater. Nails must be long enough to penetrate through plywood or OSB, or 314 inch (19 mm) into dimensional lumber. Staples shall not be used. B. Install hip and ridge shingles as required by the manufacturer. 1. At ridges, install hip and ridge shingles over ridge or ridge vent material. C. At skylightsand other penetrations, shingle up to and around the opening or penetration prior to installing the appropriate flashing. Install flashing and shingles in accordance with manufacturer's standard instructions for skylights, chimneys and penetrations. 3.6 VENTILATION A. Ridge Vent: 1. Cut continuous vent slot through sheathing, stopping 6 inches (150 mm) from each end of ridge. 2. On roofs without ridge board, make slot 2 inches (50 mm) wide, centered on ridge. 3. On roofs with ridge board, make two slots 1 -3l4 inches (89 mm) wide, one on each side. SP 31 OF 34 4. Install ridge vent material full length of ridge, including uncut areas. 5. Butt ends of lengths of ridge vent material and join using plastic cement. 6. Install eave vents in sufficient quantity to equal or exceed the ridge vent area, calculated as specified by manufacturer. 7. Install ridge shingles over ridge vent material; use nails of specified length; do not drive nails home, leaving 314 inch (19 mm) slot open between ridge and roof shingles. 3.7 PROTECTION A. Stage work progress so that traffic is minimized over completed roofing. B. Protect installed products until completion of project. END OF SECTION 700 -3.2 ROOF THERMOPLASTIC MEMBRANE ROOFING (TPO) PART 4 GENERAL 4.1 SECTION INCLUDES A. Mechanically attached thermoplastic (TPO) roof membrane systems including insulation, roof edge and accessories. 4.2 SUBMITTALS A. Product Data: Manufacturer's data sheets on each product to be used, including: 1. Samples and data sheets of materials with approval by manufacturer of all materials not supplied by roofing manufacturer. Provide the following certifications from the manufacturer: a. Certification of a minimum of ten years experience in the manufacturing of the proposed membrane. b. Certification of ISO 9000 series for manufacturer. C. Certification that contractor is authorized to install the proposed assembly. d. Certifications that the products used are commercial grade. 2. Preparation instructions and recommendations. 3. Storage and handling requirements and recommendations. 4. Installation methods. B. Warranty Certification: 1. Submit warranty certification from manufacturer of approval of project design and intent to issue warranty. 2. Fastener pull tests from an independent testing agency shall be approved by the roofing manufacturer. C. Verification Samples: For each finish product specked, two samples, minimum size 6 inches (150 mm) square, represent actual product, color, and patterns. 4.3 QUALITY ASSURANCE A_ Manufacturer Qualifications: 1. Manufacturer with a minimum of ten years experience in the manufacturing of the proposed roof membrane. 2. SP 32 OF 34 4.4 DELIVERY, STORAGE, AND HANDLING A. Pallets may be stored on the ground in a secure area. If placed on the roof, the load shall not exceed the structural capacity of the deck or crushing resistance of the insulation. B. Store products in manufacturer's unopened packaging until ready for installation. C. Store and dispose of solvent -based materials, and materials used with solvent -based materials, in accordance with requirements of local authorities having jurisdiction. 4.5 PROJECT CONDITIONS A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits. 4.6 WARRANTY A. Upon acceptance of the roofing system installation, a Standard Material and Labor Warranty will be issued for: 1. Twenty (20) year period that covers wind damage up to 60 mph (97 k/hr). B. Upon acceptance of the roofing system installation, a Total System Warranty will be issued for: Twenty (20) year period that covers wind damage up to 60 mph (97 k/hr). PART 5 PRODUCTS 5.1 MATERIALS A. Membrane shall be 1. Color: White. 2. Membrane shall be .080 inch (2.0 mm) (Stevens EP -XL) nominal thickness overall, scrim - reinforced, Ethylene Propylene -based sheet 76.5 inches (1943 mm) wide conforming to ASTM 6878 specification for TPO -based roofing material. B. Flashing shall be 24 -gauge for walls and curbs regardless of roof cover sheet thickness. C. Fasteners: Fastener type, length and pull -out resistance shall be approved by roofing manufacturer as supplied by roofing manufacturer. PART 6 EXECUTION 6.1 EXAMINATION A. Do not begin installation until substrates have been properly prepared. B. Nailers and blocking shall be installed level, true to line and elevation, secured to roof structure to resist roof installation and service conditions. If substrate preparation is the responsibility of another installer, notify Engineer of unsatisfactory preparation before proceeding. 6.2 PREPARATION A. /z -inch Plywood Deck: 1. Shall be dry, flat, clean, smooth, free of sharp edges and suitable for acceptance of membrane. SP 33 OF 34 B. Ponding at the membrane level shall be corrected by improved drainage design as required to eliminate "birdbathing" to less than 4 square feet (.37 square meters), less than 112 inch It mm) deep areas. C. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. 6.3 INSTALLATION A. Provide temporary ballast in partially completed sections to control wind effects during construction. B. Insulation Installation: 1. Mechanical Attachment: Insulation boards shall be attached with FMG and manufacturer - approved insulation plates and fasteners. C. Mechanically Attached Membrane Installation: 1. Field sheets: Membrane shall be unrolled on the area to be covered. Fastener and plate combination shall be installed along the leading edge of the membrane through the insulation and roof metal into the structural purlins. Adjacent rolls of membrane shall overlap the fastened edge of the installed membrane. 2. Lap Splice: Membrane shall be overlapped and hot -air welded without any contaminants (adhesive, dirt, debris, etc.) in the seam. a. The entire lap edge shall be probed with an approved seam probing tool after the seam has cooled completely to verify seam consistency. b. Cut edges shall be caulked by applying sealant. 3. Perimeter fastening: membrane secured to perimeter gravel stops or drip edges shall be secured to wood nailers. Membrane shall be fastened at other terminations by using fasteners and seam plates. Staples shall not be used. D. Flashing Installation: Perimeters, curbs, vents, expansion joints, drains, and other details shall be flashed. Under no circumstances shall flashings cover weep holes or any form of through -wall drainage- 1 . Pipe flashings shall be installed in accordance with manufacturer's detail. Do not flash to lead. 2. Expansion joints shall be installed according to manufacturer's detail. 3. Roof drains shall be installed in accordance with manufacturer's detail. 4. In reroofing, old drains must be cleaned or replaced as needed for clamping detail. All bolts shall be properly secured to supply 100 percent continuous compression of the clamping ring. Remove old leads and packings. Field seams shall not be run through drains. Prefabricated sleeve insert with a clamping ring and backflow seal are acceptable. E. Metal Work Installation: 1. Metal work shall be installed in a manner that prevents damage from buckling or wind. 2. Metal work shall be sealed and waterproofed. F. Overnight Seal/Temporary Water Stop Installation: 1. Water stop shall be made by a sealant method approved by manufacturer. 2. Roofing contractor shall coordinate installation to ensure the system is made watertight at the end of each work day. 6.4 INSPECTION A. The Contractor shall be performing destructive tests daily on a 3 inches (76 mm) wide area of seam weld to verify sufficient peel strength. 1. A properly welded seam will have membrane delamination from scrim prior to weld SP 34 OF 34 failure. 2. Additional destructive tests on welds shall be conducted for the first seam of the day, the first seam after the robot welder has been allowed to cool down, and after any extreme changes in weather conditions. 6.5 PROTECTION A. Protect installed products until completion of project. B. Touch -up, repair or replace damaged products before Substantial Completion. END OF SECTION F:\Users\PBW\Shared\Contracts \FY 08- 091CYC Roof Rehab C- 4195NSPECS C -4195.doc Scheduled AWAY Time for CYC Camp and Active Kidz Summer (June 22nd — September 4th): Tuesdays — 10:45 -4:00 Thursdays — 10:45 -4:00 Fridays — 11:45 -12:00 Wednesday: 6/24 — 9:00 -5:00 7/1 — 9:30 -5:00 7/8 — 9:00 -5:00 7/15 —12:00 -5:00 7/22 — 9:00 -5:00 7/29 — 11:00 -5:00 8/5 — 9:00 -5:00 8/12 — 12:30 -4:00 8/19 — 9:30 -5:00 8/26 — 9:00 -5:00 9/2 w 9:30 -5:00 Fall (September 81h) Every weekday until 1:OOpm (ActiveKidz begins then) CYC Classroom August 2009 Sunday Munday I'llesday Wednesday rimi-stlay Friday Saturday 1 8 -9pm Shakespeare in Park 2 3 4 5 6 7 8 8 -9pm Shakespeare 7 -6pm Summer Day 7 -6pm Summer Day 7.6pm Summer Day 7 -6pm Summer Day 7 -6pm Summer Day in Park Camp - Disneyland Camp - Disneyland Camp - Disneyland Camp - Disneyland Camp - Disneyland 9 10 11 l2 13 14 15 7.6pm Summer bay 7 -6pm Summer Day 7 -6pm Summer Day 7 -6pm Summer Day 7 -6pm Summer Day Camp - Swoters Camp - Scooters Camp - Scooter's Camp - Scooter's Camp - Scooter's Jungle Jungle Jungle Jungle Jungle 16 17 18 19 20 21 22 7 -6pm Summer Day 7 -6pm Summer Day 7.6pm Summer Day 7.6pm Summer Day 7-6pm Summer Day Camp - Wild Riven: Camp - Wild Rivers Camp - Wild Rives Camp - Wild Rivers Camp - Wild Rivers 23 24 25 26 27 28 29 7 -6prn Summer Day 7 -6pm Summer Day 7 -6pm Summer Day 7-6pm Summer Day 7-6pm Summer Day Camp - Disney's Camp - Disney's Camp - Disney's Camp - Disney's Camp - Dismays California Adventure California Adventure California Adventure California Adventure California Adventure 30 31 7.6pm Summer Day Camp - Wild Rivers Page: 1 of 3 0429/2009 61:26 PM CYC Dance Room August 2009 Sunday Monday Tuesday A-Vednesdtv Thursday Flidily Saturday I 2 3 4 5 6 7 8 9:15-10:1 Sam Hadm 6:30- 7:30pm Hatha 6:30- 7:30pm Hatha Yoga- Beginnerallnterrnedia Yoga- Beginnera/lntermedia Yoga - Begimwsilntermedia to to to 9 10 11 12 13 14 15 9:15- 10:15am Hatha 6:30- 7:30pm Hatha 6:30- 7:30pm Hatha Yoga- Yoga- Yoga - Beginnerstlntermedia Begimmrarinterrnedia BeginumUtermedia to le to 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Pap: 2 of 3 04/192009 01:26 PM CYC Game Room August 2009 Friday Saturday sillidily Monday Tuesday Wednesday Thursdav I 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page r 3 of 3 04/29/2009 01:26 PM CYC Classroom September 2009 Page: 1 of 3 owavicuvr 01:U F W, 1 7 -6pm Summer Day Camp - Wild Rivers 2 7-6pm Summer Day Camp - Wild Rivers 3 7fipm Summer Day Camp - Wild Rivers 4 7 -6pm Summer Day Camp - Wild Rivers 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Page: 1 of 3 owavicuvr 01:U F W, CYC Dance Room September 2009 Page: 2 of 3 04r292UU9 U I:26 PM Friday Saturday Sunday Monday Tuesday 1 wedliesday 2 Tlitu-sday 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Page: 2 of 3 04r292UU9 U I:26 PM CYC Game Room September 2009 Page: 3 of 3 04292009 01:26 PM 'I Friday Saturday Sunday Mondav Toesday 1 Wednesday 2 It ursday 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Page: 3 of 3 04292009 01:26 PM CYC Classroom October 2009 Sunday IN11011day Tuesday Wednesday Thursday 1 Friday 2 Saturday 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page: 1 of 3 04/29/2009 01:26 PM CYC Dance Room October 2009 's 'I'll Friday Saturday 11 lid ay Nlopiday Tuesday Wednesday tirsday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page: 2 of 3 0429/2009 01:26 PM CYC Game Room October 2009 Sunday Monday Tuesday Nvedlicsday Thursday 1 Friday 2 Saturday 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page: 3 of 3 04/29/2009 01:26 PM