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Home My WebLink AboutC-4309 - Community Youth Center Door Hardware ImprovementsW100 , , l•� OFFICE OF THE CITY CLERK Leilani I. Brown, MMC September 14, 2011 Mr. David O'Connell CYC Door Hardware Improvements 1274 N. Grove Street Anaheim, CA 92806 Subject: CYC Door Hardware Improvements (C -4309) Dear Mr. O'Connell: On September 14, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 4, 2010. Reference No. 2010000497164. The Surety for the contract is Indemnity Company of California and the bond number is 2097642. Enclosed is the Faithful Performance Bond. Sincerely, 4 4x. Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us FiiNAa, IS :_ Etdlcy:YED ON THr FINAL t Oi1l"5iRACT PRICE- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT (One Of Four Originals) COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 BOND NO. 2097642 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 656.00 being at the rate of $ 25.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Specialized Builders Hardwarex-Inc.xdba CFO Door Hardware * Inca hereinafter designated as the "Principal ", a contract for construction of COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS, Contract No. 4309 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. * & security WHEREAS, Principal has executed or is about to execute Contract No. 4309 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and North American Special 4 Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Twenty -Six Thousand, Two Hundred Fifty -Eight and 021100 Dollars ($26,258.02) 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. W 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 17th day of May , 2010. John Y. Chua, Chief Oper. Off. Specialized Builders HardwarekInc.« dba CFO Door Hardware tncK(Principal) ** & Security North American Specialty Insurance Company Name of Surety 701 S. Parker St., 113800 Orange, CA Address of Surety (714) 550 -7799 Telephone -- -,= - ut rized Si tdre/Title Authorized Agent Signature Matthew R. Dobyns, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACT ®R AND .SU.REW MUST BE ATTACHED 29 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specially Insurance Company, a corporation duly organized and existing under laws of the Slate of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington international Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the minute of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specially Insurance Company and Washington Intcmational Insurance Company at meetings duly called and held on the 20 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, env Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attomey named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \a�r�a�lfflJop �Ir•, /UJL,1L�(� /_' �gS10 BY &:�oiwNgt ly d% SEAL ,me sl.ven r. xnnmm..v., sot .msemrreaanu..om...nrw..nmel <n mu.mlbn,ltm.r.,.n co,np.oy �� SEAL °' p,x 1919 �vppppnz & Sailor vie F.Ildmr nr K.Ah Amerhnn apMalry I..-ce Campeny ve.. 4nrplllaalp tset?� Ag„ 4'B' curia M. L & Vi aenlor Vhe fNOfth .fc Elnpmn rmnnnlo m rmurnnm Cnmpnny M N' & vl¢ YrolOrnt orNOrtM1 American spnixlry rmm�ns Compaey IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 30th day of September 2008 , before me, a Notary Public personally appeared Steven P Ander on , President and CEO of Washington International Insurance Company and Senior Vice President ofNorth American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington international Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective comnanies. n 'OFFICIAL SPA[: I�i 1 e D. SKLENS T ow no � .�,([ Ap o myyf8ir Stirs, Donna D. Sklens, Notary Public L, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 17th day of May . 2010 , lamesA Caryenmr,Vim Pas ' &Auismn[Smcmrycar Wushingon Inamaaonal W.m comp.'& NOM ru,m ran apmiahy Imum aCompany K CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On May 17, 2010 before me, Erika Guido, NOTARY PUBLIC personally appeared MATTHEW R. DOBYNS ® 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ERIKA GUIDO �g a COMM. # 1843731 g 3 NOTARY PUBLIC CALIFORNIA ORANGECOUNTY p My comm. expires May 5, 2013 �l 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. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT ACKNOWLEDGMENT e.. e... a. e e e. o m m e. s o y.. o e. e m. a a..... s m e e e. o e n o e a e... e v.... e e e. s e o o a s o o c.. e v. m v. State of California County of Orange ) ss. On May 21, 2010 before me, Cathy M, Nolan Notary Public, personally appeared * * * * * * ** ,Irohn y_ Chna * * * * * * ** ,who proved to me on the basis of satisfactory evidence to be the personaaj whose nameko' is subscribed to the within instrument and acknowledged to me that e` y executed the same in his`Ctger/ft+eir authorized capacity(iesj, and that by is heOtheir signatures(.' on the instrument the personal, orthe entity upon behalf of which the person(O 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 (j CATHY M. NOLAN Commission 0 1839777 Notary Public • California s Orange County -d > eM Comm. Expires Mar 10, 2013' (seal) e• v• e•oe•eaaeeev ..o••• se•• v•..vceuvoem• e• .neueee ev.me.sae.eoevevosaemsoomeemve. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION May 17, 2010 Thumbprint of Signer Faithful Performance Bond twD (2) Type of Satisfactory Evidence: XX Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney XX CEO /CFO /COO President/ Vice - President/ Secretary/ Treasurer Other: Other tic, ❑ Check here if no thumbprint or fingerprint is available. OFFICE OF THE CITY CLERK Leilani I. Brown, MMC October 21, 2010 Mr. David O'Connell CYC Door Hardware Improvements 1274 N. Grove Street Anaheim, CA 92806 Subject: CYC Door Hardware Improvements (C4309) Dear Mr. O'Connell: On September 14, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil .Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 4, 2010, Reference No. 2010000497164. The Surety for the contract is International Fidelity Insurance Company and the bond number is 2097642. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us (One Four Originals) Premium: Included On The Performance Bond CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 BOND NO. 2097642 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Specialized Builders Hardware& Inc.,rdba CFO Door Hardware* Inca, hereinafter designated as the "Principal," a contract for construction of COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS, Contract No. 4309 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. * & security WHEREAS, Principal has executed or is about to execute Contract No. 4309 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, North American Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Twenty -Six Thousand, Two Hundred Fifty -Eight and 021100 Dollars ($26,258.02) 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. 32 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 17th day of May '2010. John Y Chug Chief Op-x. Off. Specialized Builders Hardwarexinc.x dba CFO Door Hardware *fhcx(Principal) ** & Security North American Specialty Insurance Company Name of Surety 701 S. Parker St., #3800 Orange, CA 92868 Address of Surety (714) 541 -4700 Telephone A h ized Si ure/Title oZ Authorized Agent Sign ture Matthew R. Dobyns, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORINEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal Office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf, reach of said Companies, as surety, on contracts of suretyship as are or maybe required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY -FIVE MILLION ($25,(100,00.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 241" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Via President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is altachcd," so jAury a, `SEAT m— xr<vm P.AVa<rwe, Prt<Iacn6COkr lof.<nnl CriWa sp {tau lI mmeC rmer<vee Cmvpapy Z,r' S�h"F sx. w. vm< emwm rorn„wnm<ra„�I.ayrm.m.«c.mr..y m• fnan1111nM1t� BY o..ra m. urm<., sma. vta r,euam erw<minx:mr.u.v . um.l m<. <m<. c...y..y s n« rmlemr ornona American sP•<�•Iry rW„m.a comP.q IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed and these presents to be signed by their authorized officers this 30th day of September .2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page as: On this 30th day of September 2008 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OF[•7F7ALSKIV. !l 1 a .I ' _ Nobiry D. c stoc of my commmk i. EssTi. Tow2ull Donna D. Sklens, Notary Public 1, James A Camenter the duly elected_ Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a True and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 17th day of May - .2010 , lamp A. CmpeNa, Vp<pmdaent a: Aesl<mnraaxmary of W:mlauerm Imannim�<I W,nevea C ®,peey& NaM Ammienn $Pe<uaY Ira W nrce Compvny CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On May 17, 2010 before me, Erika Guido, NOTARY PUBLIC . personally appeared MATTHEW R. DOBYNS ® 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ERIKA GUIDO Ir a COMM. # 1843731 g 0 3 NOTARY PUBLIC CALIFORNIA ORANGECOUNTY B 'I My Comm. expires May 5 2013 �l 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. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT ACKNOWLEDGMENT u e m n e a u n e a e a m e e e e n v u o® o e e e s e e e o s v o e. a v e e e s e m e e® v e e v. n e e s e s e e o o o c o s o o n e o e e e v e e•, State of California County of Orange ) ss. On May 21 2010 before me, Cathy M. Nolan Notary Public, personally appeared * *** * * ** John Y. Chua * * *** * ** proved to me on the basis of satisfactory evidence to be the person `whose name,(sir(fR/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his her- heir authorized capacity0esr), and that by hisJhefYtl•leir signaturesS..Won the instrument the person(,sT, 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 l CAiNY M. NOLAN Commission # 1839777 a i , -� - Notary Public • California Z Orange County ME Comm. Expires Mar 10, 2013+ (seal) v v a e e m e s o a v o u o o o. e. e v.. e e e u. o o u m o o e e v o a. v e o a u o... a s e o m m v v e n o v o o o. u a. v e e s o e v e see Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION May 17 2010 Labor and Materials Payment .Bond two (2) Type of Satisfactory Evidence: XX Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney Xx CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other 34 Thumbprint of Signer i ❑ Check here if no thumbprint or fingerprint is available- CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC September 15, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • Avocado Avenue and Westcliff Drive Median Improvements (C -3967) • Community Youth Center Door Hardware Improvements (C -4309) Please record the enclosed documents and return it to the City Clerk's office. Thank you. Sincer ly�,^A A UV V v' Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in official Records, Orange County Tom Daly, Clerk- Recorder - Illllllllllllllilllldlllllllllllllllllllllllllllllllllllllllllll NO FEE' 2010000497164 3:16 pm 1014SOJ1q, `. 276421 N12 1 it ,a1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 'Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Specialized Builders Hardware. Inc., dba CFO Door Hardware. Inc., of Anaheim, California, as Contractor, entered into a Contract on May 11, 2010. Said Contract set forth certain improvements, as follows: Community Youth Center Door Hardware Improvements (C -4309) Work on said Contract was completed, and was found to be acceptable on September 14, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. I� Executed on U � �� 9.gD at Newport Beach, California. BY NBC ,� (jlyri—1 City Clerk I(yj. b 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 Specialized Builders Hardware. Inc., dba CFO Door Hardware, Inc., of Anaheim, California, as Contractor, entered into a Contract on May 11, 2010. Said Contract set forth certain improvements, as follows: Community Youth Center Door Hardware Improvements (C -4309) Work on said Contract was completed, and was found to be acceptable on September 14. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. Norks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �°,,,,��°""'""'�""� Executed on I� � tN Ixr 16, at Newport Beach, California. BY City Clerk -7 •i a� CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT I [XA�*Er, u Agenda Item No. 12 September 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 - 644 -3321 or ptauscher @newportbeachca.gov SUBJECT: COMMUNITY YOUTH CENTER DOOR HARDWARE IMPR _VgMENTS COMPLETION AND ACCEPTANCE OF CONTRACT NO. 309 ISSUE: Staff is requesting approval to accept the Community Youth Center Door Hardware Improvements, Contract No. 4309, as complete. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: Summary of Completed Construction Contract Construction Contract Final Cost at Benchmark Contract Time Award Amount Completion Target Actual Time Under or (days) Over $30,319.02 $32,034.02 Contract Contract 15 (7) PIus10% +5.7% On May 11, 2010, City Council authorized the award of the Community Youth Center Door Hardware Improvements to Specialized Builder's Hardware, Inc., dba CFO Door Hardware & Security, Inc. (CFO). The contract included removing and disposing of existing door hardware, installing new door hardware, and completing other incidental items in place as required by the Plans and Specifications. r t -.- Community Youth Center Door Hardware Improvements- Completion and Acceptance of Contract No. 4309 September 14, 2010 -- • Page 2 A summary of the project schedule is as follows: Project Award for Construction: May 11, 2010 Date of Notice To Proceed (NTP): July 12, 2010 Contract Completion Date per NTP: July 19, 2010 Substantial Construction Completion Date: July 28, 2010 The project ran a few days beyond the scheduled completion date because some of the door hardware delivered to the site was the wrong color; the genuine hardware required additional time to procure and install. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $30,319.02 Actual cost of bid items constructed: $30,319.02 Total change orders: $ 1,715.00 Final contract cost: $32,034.02 The final overall construction cost, including one change order, was less than six percent above the original bid amount. The change order consisted of door hardware modification which better tie in with the existing doors and deleting redundant hardware components. Item No. Description Amount Changing door hardware exit device more suitable to $1,715.00 existing hardware. 1 Deleting redundant door hardware components. Total Project Change Orders $1,715.00 ENVIRONMENTAL REVIEW: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance, and minor alteration of existing public facilities with negligible expansion. PUBLIC NOTICE: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. J Community ,...[h Center Door Hardware Improvements- Completion ..rd Acceptance of Contract No. 4309 September 14, 2010 Page 3 FUNDING AVAILABILITY: In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction Incidentals Total Project Cost $ 32,034.02 165.88 $ 32,199.90 Funds for the construction project were expended from the following account: Account Description General Fund Building Excise Tax Prepared by: Peter Tauscher Project Engineer Attachment: Location Map Account Number Amount 7011- C4120806 $ 30,490.52 7271- C4120806 1,543.50 Total: $ 32,034.02 Submitted by: Publid\dopks Director GRANT HOWALD PARK PROJECT LOCATION vowli O P��JF Q4. p P� q� s yGF Phi P LOCATION MAP NOT TO SCALE COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS 3000 FIFTH AVENUE, NEWPORT BEACH C -4309 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 9 :00 AM on the 201h day of April, 2010, at which time such bids shall be opened and read for COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS Contract No. 4309 $34,100.00 Engineer's Estimate jt . Works Director Prospective bidders may obtain one set of bid documents for $5.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required for this project. "C-28" For further information, call Peter Tauscher, Proiect Manager at (949) 644 -3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services/ Bidding & Bi CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS.. ..................................................................................... 3 BIDDER'S BOND .............................................................................. ..............................5 . DESIGNATION OF SUBCONTRACTOR(S) ...................................... ............................6 -8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... ... ,zcT NON - COLLUSION AFFIDAVIT ........................... ............................... ...........................441 DESIGNATION OF SURETIES ........................................................ ............................. 4-2- CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. -+$- 15 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .................................................... ...................... 49-�a I CONTRACT....................................................................................... ..........................rc9 -e� LABOR AND MATERIALS BOND ....................................................... ..........................�'g2. FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 OA CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFEREN NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL AS ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages is the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code - including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 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. 859157 - C28 C61/D16 C61/D24 C61/D28 Contractor's License No. & Classification Specialized Builder's Hardware, Inc. dba CFO Door Hardware & Security, Inc. Bidder — Awt(JA Auth ri d Signat r tle John Chua, dKief Operating Offioer April 19, 2010 Date P State CU California iS CONTRACTORS STATE LICENSE BOARD a°w�r ACTIVE LICENSE CORPS �. SPECIALIZED BLDRS HARDWARE INC DBA C FO DOOR HARDWARE & SECURITY INC =^mow C28C61/1)16C61rD24C61/028 w� °° 05/31/2011 No Bond No. SPEBU -002 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 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 ($109 of the Bid ), 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 DOOR HARDWARE IMPROVEMENTS, Contract No. 4309 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including .the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the. mailing of "Notification of Award', otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 16th day of April 2010. Specialized Builder's Hardware, Inc. dba CFO Door Hardware & Security, Inc Name of Contractor (Principal) North American Specialty Insurance Company Name of Surety 701 S. Parker Street, #3800 Orange, CA 92868 Address of Surety 714 -550 -7799 Telephone Aut ed Sig /T le o YY.. a, ief Operating Officer 4/" Authorized Agent S' nature Matthew R. Dobyns, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT •r........... a... 99.X a ....... a...........•.....• .............................., State of California County of Orange ) ss. On 4 -16 -2010 before me, Erika Guido Notary Public, personally appeared Matthew R. Dobvns ,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(les), 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. I l' WV Signs re Erika Gu do, Notary Public ERIKA GUIDO o COMM, # 1843731 NOTARY PUBLIC CALIFORNIA M %F ORANGE COUNTY S My Comm. expires May 5, 2013 (seal) ....... ..... .... ........................................... ..... ............ was Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 16 -2010 Bid Bond Type of Satisfactory Evidence: XX Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee x_ Power of Attorney CEO /CFO /COO President / Vice - President / Secretary I Treasurer Other: Other Inform Thumbprint of Signer F] Check here If no thumbprint or fingerprint is available. NASSURETYGROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Now Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, consdtrms and appoint RANDY SPOHN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, m surety, on contracts of suretyship as are or fray be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking m contract m suretyship executed under this authority shall exceed the amount of TWENTY -FIVE MILLION ($25,000,000.002 DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Compaq at meetings duty called and held on the 20 of March, 2000. "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice Presidem, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney m to any certificate relatiag thereto by facsimile, and airy such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shell be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is auached." A �'i arts � Bte,ree,x:evmn, ReeKm &e.afaexnae Dmca arWWlnaM. Iekeaanevlrm.nveeCmarry BY 1 &SmMr YOe Peeetlmlar Nena Amerkan.�eef.td lsmeam CmryvvY �(;:SE 0j, gy o..se st. wYY,te, s.em. vuK� erw.,emy,ee ra....e..0 re.w..,. em„peey & nM vrm..e orN.,re e�J.,. sperutq r.mrenee eemp,ly IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers ibis 30th day of September 20-08- North American Specialty Imamate Company Washington International Insurance Company State of Illinois County of Du Page as: On this 30th day of September 20 OS , before me, a Notary Public personally appeared Steven P. Anderson , litesident and CEO of Washington International Insmance Company and Senior Vice President of North American Specialty Insurance Company and David M. Laymen , Senior Vice President of Washington International Insurance Company and Vice President ofNorlh American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective comnanics. D SKLFNS Donna D. Sklens, Notary Public L James A. Camenter , the duly electedAssistant 3ecretar of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the abovc and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals cribs Companies thisl61h day of April , 2010 Jam ACUpnxar. Vice Ac16eN &Anirmraommy of Waileiu�n hvmWewl bnmeeoe cenpmy& NmW Nveteue aaeeieaY lium,ue CavipYay ACKNOWLEDGMENT • ...................... ............................... a .... .................... State of California County of Orancie ) ss. On April 19, 2010 before me, Cathy M. Nolan Notary Public, personally appeared * * * * * * * * ** John Y. Chua *** * * * **** ,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. (�t w -/Y-) anz"-) Signature d CAM M. NOLAN Commiaalan / 1899777 Now Public - calliomla Oran" county Conan. !girds Mat 10 2019 (seal) ..... ... a ........... man ..................... a ......... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 04/16/2010 Bidder's Bond one (1) no Type of Satisfactory Evidence: asst Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: TFustee Power of Attorney XX CEO /CFO /COO President / Vice- President I Secretary / Treasurer Other: Other Thumbprint of Signer F Check here if no thumbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 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 9 needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Solid Door Installations Installation of Door 21.5% Address: P.O. Box 1473 Hardware Garden Grove, CA 92842 Phone: (714) 791 -6472 State License Number. 857298 Name: Address: Phone: State License Number: Name: Address: Phone: State License Number. Specialized Builder's Hardware, Inc. dba CFO Door Hardware & Security, Inc. Bidder A zed si#AtureTritIe John Y. Chua, Chief Operating Officer CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name specialized Builder's Hardware, Inc, dba CFO Door Hardware & Security, Inc.' FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $10,000, provide the following information: No.1 Project N32E- 5217.03 / 32E- 5214.03 / 32E - 5274.05 Project Name /Number East Los Angeles college Building E1 and G1 Project Description Construction of Building E7 and G1 Approximate Construction Dates: From July 2009 To: June 2010 wt Agency Name Swinerton Builders Contact Person Michael Allison Telephone (323/ 604 -0293 �. G, "9 ' i"i !_' 17 Original Contract Amount $705,000 Final Contract Amount $ 820,000 +/- If final amount is different from original, please explain (change orders, extra work, etc.) Change orders due to change in size of Openings and fire ratings. Extra work due to existing materials to remian is changed to all new materials. 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 PC No.2 Project #09W -9.2 -6912 and 19W- 9.2- 7904.01 Project Name /Number West Los Angeles College General Classrooms & Student Services Project Description Construction of General Classroom & Student Services Buildings. Approximate Construction Dates: From February 2009 To: December 2010 Agency Name Sinanian Development, Inc. Contact Person Gerard Sinan; an Telephone (818) 996 -9666 Original Contract Amount $ 425.00OFinal Contract Amount $ 625, 000 +/- If final amount is different from original, please explain (change orders, extra work, etc.) Change Artier due to all new Plans and Specifications. - �gID)3gy t-/ y61 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 Alhambra High School Safety & Repair Facilities Bond Measure C Project Description .. Safety, Repair and New Construction at Facility Building Approximate Construction Dates: From June 2009 To: September 2010 Agency Name McCarthy Ruildina Companies Contact Person Michael Forys Telephone (626) 293 -1697 Original Contract Amount $120,000 Final Contract Amount $ 160,000 +/- If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Oxnard Schools Project Name /Number Project #0720 - Curren Bldg 600, Curren P2P+ and Kamala P2P+ Project Description Supply and install doors, frames and hardware. Approximate Construction Dates: From 01 /2008 To: 08/2009 Agency Name GIRD Construction Contact Person cis Reeder Telephone 005) 644 -2404 Original Contract Amount $393,175 Final Contract Amount $ 393, 597 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders for small changes to Contract scope. 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 wee lake High school Modernization Project Description Supply doors, frames and hardware V Approximate Construction Dates: From 01 /2007 To: 03/2009 — a Agency Name Vanir Construction Management (for CJUSD) Contact Person David Fateh Telephone (805) 497 -9511 Original Contract Amount $ 350, 000 Final Contract Amount $ 360, 000 If final amount is different from original, please explain (change orders, extra work, etc.) age Orders due to changes in Finish Hardware Specifications 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.6 Contract #04- 107668/04- 107449/04- 107649 & Project #9759 Project Name /Number Ocean view Hiah School Modernization Pkg. 1 & 2 (Phase 2) Project Description Pkg. 1 & 2, Phase 2 Modernization Approximate Construction Dates: From 09/2007 To: 02/2009 Agency Name Contact Person Jim Smith Telephone (71 4) 885 -8950 Original Contract Amount $365.000 Final Contract Amount $ 398, 000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 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. Specialized Builder's Hardware, Inc., dba CFO Door Hardware & Security, Inc. Bidder t 'zed V ature/Title ohn Y. Chua, Chief Operating Officer 12 Distributors of Quality Builder's Hardware, Wood boors, Hollow Metal Doors & Frames, & Top Notch Installation of boors & Hardware Experience Resume of David O'Connell: Date: April 19, 2010 Department: Aftermarket /End User /Industrial Sales Position: Sales Manager Years in Business: 16 years Years with Present Employer: 1 year Name of Past Employer: Montgomery Hardware Co., Inc. Years with Past Employer: 14 years Responsibilities / Experience: - Field verify and provide solutions to customer's problems relating to doors, frames and hardware mostly on existing conditions but sometimes also on new construction. - Assist insetting up master keying chart on new master keying system. Also assist in expanding existing master key system. - Field measure door/ frame dimension and hardware locations for new openings and metro fitting for existing applications. - Assist customer in choosing or determination of correct hardware to be used on fire rated and non rated application. - Trouble shoot and do field survey of how existing doors and frames will fit new hardware and if required what is the extent of the re- work /modification required. - Conduct training and or product presentation for owner's/ clients. - Coordinate with in house project engineer and field installers to make sure that all project management affairs are conducted with the highest degree of professionalism. I Address: 1274 N. Grove StreeC Anaheim, CA 92806; Tel. # 714 6324116; Fax # 714 632 -8759 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NOA309 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange 1 Sohn Y- Chua , being first duly sworn, deposes and says that he or she is Chief Ooaratina Officer of CFt7 Door Hardware & Security the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the Stale of California it t the foregoing is true and correct. Specialized Builder's Hardware, Inc. dba CFb Door Hardware & Security Bidder Aulty6tilzed Si ture/Tide John Y. Ch , Chief Operating Officer Subscribed and sworn to Eeii:- j before me on this 19th day of April 2010 by Cathy M Nolan, Notary Public proved to me on the basis of satisfactory evidence to be the personFo who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CATHY M. NOLAN Commission A 1839777 Notary Public - California [SEAL] Orange County M Comm. Ex Tres Mar 10, 2013 + 13 Notary Putq1c My Commission Ecpires:taarch 10, 2013 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 DESIGNATION OF SURETIES Bidders name Specialized Builder's Hardware, Inc., dba CFO Door Hardware & Security, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Auto Liability and Workers' Compensation: Broker: Debbie Booth Insurance PO Box 707, Orange, CA 92856; Tel (714) 744 -9000 Insurer: Truck Insurance Exchange General Liability Insurance Broker: Kimbrell Insurance Agency 950 E. Katella Ave., Suite 4, Orange, CA 92867 Tel (714) 538 -8723; Insurer: Landmark American Insurance Co. Sisety Rmker- R S Bonding & Insurance Agency Inc 1633 E. Fourth St., Suite 228, Santa Ana, CA 92701 Tel (714) 541 -4700; Insurer: North American Specialty Insurance C)OM any 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Specialized Builder's Hardware. Inc., djx j CFD Door Hardware & Security, Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Yearof for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts 5 16 25 31 35 28 140 Total dollar Amount of $500,000 $3.5M $S.OM $4.4M $4.5M $3.4M $21.3M Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost 0 0 0 .0 0 1 1 Workday Cases No. of lost workday cases 0 0 0 0 0 0 0 involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Specialized Builder's Hardware, Inc., Legal Business Name of Bidder dba CFo Door Hardware & security, Inc. Business Address: 1274 N. Grove street. Anaheim. CA 92806 Business Tel. No.: (714) 632 -8116 State Contractor's License No. and Classification: 859157 - C28 C61 /D16 C61 /D24 C61 /D28 Title Lock & security Eguiment The above information was compiled from the records 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. Iltle Marry Olson, president Signature of bidder Date Title John Y. Chua, Chief Operating officer Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of-partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint 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. ill CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 ACKNOWLEDGEMENT OF ADDENDA Bidders name specialized Builder's Hardware, Inc., dba CEO Door Hardware & Security, Inc, The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 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: Specialized Builder's Hardware, Inc. Name of individual Contractor, Company or Corporation: dba CFO Door Hardware & Security, Inc. Business Address: 1274 N. Grove Street, Anaheim, CA 92806 Telephone and Fax Number: Tel (714) 632 -8116; Fax (714) 632 -8759 California State Contractor's License No. and Class: 859157; Class C28 C61 /D16 C61 /D24 C61 /D28 (REQUIRED AT TIME OF AWARD) Original Date Issued: 05/20/2005 Expiration Date: 05/31/2011 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: David O'Connell, Sales Manager, Aftermarket / F.nd User 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 Thy Olson President - 1274 N Grove St Anaheim CA 92806 Tel- (714) 630 -4751 436 Camino de Teodoro .john v_ Mim, Chief Operating officer - Walnut CA 91789 Tel• (714) 632 -8116 Corporation organized under the laws of the State of California 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None. All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Specialized Builder's Hardware, Inc. 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. Yes. The Los Angeles Community College District elected to terminate for convenience (without cause) the first East Los Angeles College Project, however, we are completing this very same project with swinerton Builders now. 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 acttons by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes Ni) Are any claims or actions unresolved or outstanding? Yes 0 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. Derry Olson, President (Print name of Owner or President Specialized Builder's Hardware, I o nignature/MTitle o ompany) dba CO Door Hardware & Security Bidder Terry Olson, President Title 19, 2010 Date On 04/19/2010 before me, Cathy M. Nolan Notary Public, personally appeared ***** * * ** *may Olson * *** ****** , who proved to me on the basis of satisfactory evidence to be the person(s'f whose name(f Dare subscribed to the within instrument and acknowledged to me that (ggheAhtexecuted the same in hi rfMteir authorized capacity(ieg), and that by (96mhetr signature�o on the instrument the personae j or the entity upon behalf of which the person(4 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. 64? 161�) Z L) (SEAL) Notary PuOjc in and for s id State of California My Commission Expires: March 10, 2013 Kil CATHY M. NOLAN Commission M 1839777 Notary Public - California Orange County M Comm. Ex Tres Mar 10.2013 r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 CONTRACT THIS AGREEMENT, entered into this day of M 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Speci—all, Builders Hardware, Inc., dba CFO Door Hardware, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS The work necessary for the completion of this contract consists of removing and replacing existing door hardware per specification schedule and contract drawings. 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. 4390, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 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 Twenty -Six Thousand, Two Hundred Fifty -Eight and 021100 Dollars ($26 258.021. Note: The "As Read" dollar amount was $26,258.00 and the corrected bid price was $26,258.02. 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 Tauschei (949)644-3316 Specialized Builders Hardware, Inc. dba CFO Door Hardware & Security, Inc. 1274 N. Grove Street Anaheim, CA 92806 714 - 632 -8116 714 - 632 -8759 Fax INSURANCE Without limiting Contractor's indemnification of City, and rig or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 23 City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. 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. f'q.7 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. P 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. ATTEST: ssi ssir •1 CITY OF NEWPORT BEACH A Municipal Corporation By: �4114� Mayor SPECIALIZED BUILDERS HARDWARE, INC. dba C ardware Security, Inc. Y� r to tiers Title: President Title: Chief Financial Officer Print Name: Terry Olson Please note: Corporations must complete and sign both plaCeS above even if each office is held by the same individual 27 T "= EINha, PREkAI "U"B IS :'a EDICk.TED ON TH4 FINAL t;ON y RA9 DT PRICE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT (One Of Four Originals) COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 BOND NO. 2097642 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 656.00 being at the rate of $ 25.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Specialized Builders Hardware,; Inc.X dba CFO Door Hardware* Inc,. hereinafter designated as the "Principal ", a contract for construction of COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS, Contract No. 4309 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. * s Security WHEREAS, Principal has executed or is about to execute Contract No. 4309 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and North American special r}. Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Twenty-Six Thousand, Two Hundred Fifty -Eight and 021100 Dollars ($26,258.02) 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. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17th day of May 12010. John Y Chug, Chief rte_ Off Specialized Builders Hardwares Inc.. dba CFO Door Hardware *#hcx(Principal) ** & Security North American Specialty Insurance Company Name of Surety 701 S. Parker St., #3800 Orange, CA Address of Surety (714) 550 -7799 Telephone ut rized S&46refTitle AO/LA D�� Authorized Agent Signature Matthew R. Dobyns, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Now Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint RANDY SPOHN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as arc or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of., TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is grantctl and is signed by facsimile under and by the authority of the following Resolutions adapted by the Boards of Directors of both North American Specially Insurance Company and Washington International Insurance Company at meanings duly called and held on the 240 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice Presidem, any Assistant Via Fmident, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney tamed in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or my of that hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to airy certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or farsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is mtached." n rr 10" (ViawP. eeaeY.,rR.m.re c0re.a.w. warn ew.,mnea. mm..a..m I... amour s SEAL I once w. na„P t N*"b Amwne 8m1mImu.,,a rm.r..Y cwp.q • �Im rrealemt mN.,fi ArmHU BpalYq rmuMnm CAarrl IN WITNESS WHEREOP, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seeds to be hereunto affixed, and these presents to be signed by their authorized effect: this 30th day of September , 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss. On this 30% day of September , 20 0g • before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President PrNorth American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International insurance Company and Vim President of North American Specialty Insurance Company, pmaanally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective umm�aniex. "OFFIQALstiMS�/ 0. A.. A Sa7.PNa �J Evil" IM 0.4'JA1t Donna D. Skiers, Notary Public Camrdeim � I, J=n A. Cementer , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty insurance Company and Washington International Insurance Company, which is still in full force and affect. IN WITNESS WHEREOF, I have set my hand and afFxcd the seals of the Companies this 17th day of May 2010 Jars A.0 p .Vim Prmidt A Auiago SWOWY orwmM.pm Mh. d'—N Cm & NmW A�amn SpeeNxp imuarc.C..PnY CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On May 17, 2010 before me, Erika Guido, NOTARY PUBLIC. personally appeared MATTHEW R. DOBYNS ® 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �... ERIKA GU1D0 a COMM. k 1843731 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY ro{ My Comm, expires May 5, 2013 I� 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. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDMDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT ACKNOWLEDGMENT ................. ............................... .son........................... State of California County of Orange ),s. On May 21, 2010 before me, Cathy M. Nolan Notary Public, personally appeared- * * * *** ** John y_ Chita ***** * ** proved to me on the basis of satisfactory evidence to be the person whose name�4 ttire- subscribed to the within instrument and acknowledged to me that ftYYehe&t" executed the same in is authorized capacity(ioW, and that by�Herftheir signaturesw on the instrument the person(,$'); or the entity upon behalf of which the persor1w acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is.truaand correct- WITNESS my hand and official seal. Signature CATHY M. NOLAN Commisslon i 1639777 Noftry Public - CalHomla INMY Cranga Courtly Comm. E Tres Mu 10, 2013+ (mil) ,09546.10 ....................... a .... S.0 ............... 0....................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION May 17, 2010 Faithful Performance Bond two (2) no Type of Satisfactory Evidence: XX Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney XX CEO I CFO /GOO President I Vice - President I Secretary / Treasurer Other: Other W Thumbprint of Signer F� Check here if no thumbprint or fingerprint is available. (One Of Four Originals) Premium: Included On The Performance Bond CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 BOND NO. 2097642 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Specialized Builders Hardwarex Inc.Xdba CFO Door Hardware, Ina, hereinafter designated as the "Principal," a contract for construction of COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS, Contract No. 4309 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. * & Security WHEREAS, Principal has executed or is about to execute Contract No..4309 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principat'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, North American Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Twenty-Six Thousand, Two Hundred Fifty -Eight and 021100 Dollars ($26,258.02) 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. 32 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 17th day of May 2010. John Y_ Chua, Chief Oper. Off. Specialized Builders Hardwarexinc.x dba CFO Door Hardware, *ihcx(Principal) ** & Security North American Specialty Insurance Company Name of Surety 701 S. Parker St., #3800 Orange, CA 92868 Address of Surety (714) 541 -4700 Telephone A h ized Sit vfurefTitle �Ie- �9 Authorized Agent Sign tune Matthew R. Dobyns, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 NASSURETYGROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and misting under Iwo of the Stale of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, M mis, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as am or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Atiomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 241° of Mmch, 2000: "RESOLVED, that any two of the Presidents. any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the company bonds, undertakings and all contracts of surety, and that each or airy of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal or the Company; end it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate misting thereto by facsimile, and miry such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.° By SEAL i� menu P.APYMgPnWentrCYkrF a., oeimaf wny,ein lmi,uam�lrmnm esqup { tars &Smnr We Irradmi ernmW Amnk+n SP- 1" rmmrn COY N 4 Dnla M. Lrpnn,BnW Vl�ualnrem ivlmwantl Imunnm Company tr vim rYn101wi ofhiM AmeiW n Hpahfryrmvrnee Compaq IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents lobe signed by their authorized officers this 3�' day of September . 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: on this 30th day of Septerber .20 08 before me, a Notary Public personally appeared �Ctaven P Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said irstrmneut to be the voluntary act and deed of their resnective emmmamea, n axtma A0 °ary Pat7xt SwedOmwm Donna D. Skims, Notary Public MY (bma�vc E>pu.s tiHKRGI l 1, James A. Cementer the duly elected Assistant 3ecmtary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy era Power of Attorney given by said North American Specialty Insurance Company and Washington international Insurance Company, which is still in full force and effect IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 17th day of May , 2010 )run 0.Ca,peiirr.vim AelhN6 Aaiimot&wetay of WaNegenbvaemul i®,rmaemymye Noe Anmi�•- Spmhay aalaarLO CeamoY CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA County of ORANGE On May 17, 2010 before me, Erika Guido, NOTARY PUBLIC., personally appeared MATTHEW R. DOSYNS ® 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �s ERIKAGUIDO o COMM. # 1843731 F 3 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My comm. eVires May 5 2013 !t n 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. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDMDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT ACKNOWLEDGMENT ................................................ ............................... State of California County of rhanaa ) ss. On May 21, 2010 before me, Cathy M. Nolan Notary Public, personally appeared **** * * ** John Y. Chua * **** * ** proved to me on the basis of satisfactory evidence to be the person f whose nameksl&' are subscribed to the within instrument and acknowledged to me that GheAhey executed the same in his ' authorized capacity(ies), and that byt is her#heir signaturesfWon the instrument the personal, or the entity upon behalf of which the personk4acted, 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 CATHY M. 111101.1111#11 Commission • 183977f Notary Public - California Orange County Comm. Expires Mar 10, 2013+ (seal) ................................................ ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION May 17, 2010 Labor and Materials Payment Bond two (2) Type of Satisfactory Evidence: XX Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney x_ CEO/CFO/COO _ President I Vice - President / Secretary 1 Treasurer Other: Other L. Er, Thumbprint of Signer ❑ check here if no thumbprint or fingerprint is available. t Client#: 1378908 305SPECIBUI AdORD,e CERTIFICATE OF LIABILITY INSURANCE D5l73 /201DI0 YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not Confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Linda Partida NAME: BB &T Insurance Services PHONE '^ __ - __ -.__ __ —_ " - -SAX —877-297---9-244 ` uC No Ert:714 578-7342' ___�uc Nol: __ of Orange County ADDRESS: LPartida @bbandt.com 680 Langsdorf Drive Suite 100 DUCER - - - - C Fullerton, CA 92831 USTOMERID #:____ INSURER(3) AFFORDING COVERAGE INAIC# NSURED INSURER A: Mt. Hawley Insurance Company 137974 Specialized Builders Hardware Inc. dba CFO Door Hardware and Security, Inc. INSURERS: 1274 N. Grove St. INSURERC: Anaheim, CA 92806 -2113 INSURERD: _ _ INSU RER E INSURER F: r:nvwo AGFS CFRTIFICATF MI IMRFR- RFVI.RION NIIMRFR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE NSR WID POLICY NUMBER PMfWDDfyYYYY MWDDENYYY LIMITS A GENERALLIABILITY X X MGLO170243 0510112010 05/01/2011 EACH OCCURRENCE S11,000,000 X COMMERCIAL GENERAL LIABILITY DA TO RENTED T PREMISES (Ea accurtence) .150,000 — �CLAIMSMADE _Xi OCCUR MED EXP (Any one person) _i$S,000 _1-- I PERSONAL B- ADV INJURY 181,000,000 -_ --- — GENERALAGGREGArE x$2,000,000 GENII. AGGREGATE LIMIT APPLIES PER ! PRODUCTS :COMP /OP AGG $2,000,000 C — PRO. I $ _ -.. XI POLICY' LOG I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea acodent) -. ANY AUTO BODILY INJURY(Perpomon) S J � ALL OWNED AUTOS BODILY INJURY (Per acc,dent)1 S _ SCHEDULED AUTOS � I 'PROPERTY DAMAGE S HIRED AUTOS (Peraccident) NON -OWNEDAUTOS S _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ rEXCESS LIAICLAIMStdADEI AGGREGATE jDEDUCTIBLE ...�. __ .. ._ . ..... .. J RETENTION WORKERS COMPENSATION WGSTATU- OTH- AND EMPLOYERS' LIABILITY -- 'T51RY1,LMQS__- _.ER.... -- ANY PROPRIETORIPARTNER,EXECUTIVEY�� ( E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L . DISEASE . EA EMPLOYEE! $ If yyes, describe under 1 DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ I I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES {ARach ACORD 101, Additional Remarks Schedule, if more space Is mi,ulred) RE: Community Youth Center Door Hardware Improvements, Contract #4309, 3300 Fifth Ave., Newport Beach, CA 92625. (See Attached Descriptions) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Newport Beach Public ACCORDANCE WITH THE POLICY PROVISIONS. Works Department Attn: Shauna Lyn Oyler AUTHORIZED REPRESENTATIVE 3300 Newport, CA 92663 ®1988 -2009 ACORD CORPORATION. All rlgnts reserveO. ACORD 25 (2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S5019847/MSOOS647 LMPAR DESCRIPTIONS (Continued from Page 1) City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are named as additional insured as repsects to General Liability as per written contract. Additional Insured form #CGL216 04198; Waiver of Transfer of Rights form #CG2404 10193 attached. AMS 25.3 (2009109) 2 of 2 #55019847/M5005647 Policy Number: MGLO170243 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED .(Section 14,is amended to include as an insured the person or organization shown in the Sched- ule, but only with respect to liability arising out of "your work" for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and other insurance which may be available to such additional insureds will be non - contributory. Section IV., Condition 4., of this policy is amended accordingly. SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 216 (04198) Page 1 of 1 Insured Policy Number: MGLO170243 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Insured Policy Number: 014 9 6 0 83 0 Date Entered: 5/13/ CERTIFICATE OF LIABILITY INSURANCE GATE ` CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 5/1312010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N the cart ficate holder Is an ADDITIONAL INSURED, the po8ey(les) must be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Debbie Booth Insurance Agency CONTACT NAME: WC,N .(714)744 -9000 ac .(714)744 -4515 PO Box 707 &L.S. odebbie®boothinsurance. net Orange, CA 92856 PRODUCER CUSTOME EACH OCCURRENCE INSURE AFFORDING COVERAGE "co INSURED INSURER A: Truck Insurance Exchange Specialised Builders Hardware, Inc DAMAGE TO RENTU D INSURER e: MED EW one Pawn) WSUMR C: DBA CPO Door Hardware & Security 1274 H. Grove St WSURER D: PERSONAL SAW IWURY $ Anaheim, CA 92806 INSURER E: INSURER F: r.nVFRArFS CFRTIFICATF NIIMRFR- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE Attu: Shouna Lyn Oyler POLICY NUMBER POLICY EFF POLICY E %P LIMITS GENERAL LUIBILITY EACH OCCURRENCE S COMMERCIAL GENERAL UABILITY DAMAGE TO RENTU D S MED EW one Pawn) $ CLAIMS M DE FD OCCUR PERSONAL SAW IWURY $ GENERAL AGGREGATE S GeNL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGE $ $ POLICY P' LOC r IFCT jL AUTOMOBILE LIABILITY ANY AUTO X 014960830 5/1/2010 5/1/2011 COMBINED SINGLE LIMIT IEaaccWnU $1,000,000 BODILY INJURY ipw Persan) $ BODILY INJURY IPm aaidenU $ ALL OWNED AUTOS PROPERTY DAMAGE (Per aaltleM) $ SCHEDULED AUTOS HIRED AUKS $ NON-0WNED AUTOS $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CUIMS-MADE DEDUCTIBLE $ S RETENTION $ WORIGRS COMPENSATION MIC STATD OTIL IMITS PR A AND EMPLOYERS' LNIBILRY MY OFFICEOPRIETEREXCLUOEDT UT Y� (MMORwy In NH) MIA D01086321 11/14/20W11/14/201C EL. EACH ACCIDENT S1 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L DISEASE - POUCY LIMIT $1.000,000 It ye s, eescnbe Unn DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Nteeh ACORD 101, Al Mro I Renu,b Sc1RMU%, M mom span b MulM) Additonal Insured endorsement for auto liability only issued by carrier. Waiver of Subrogation on Workers Compensation policy being issued by the carrier. Project: Community Youth Center Door Hardware Improvementa, Contract #4309 CERTIFICATE HOLDER CANCELLATION 01988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registared marks of ACORD PmIUIm;ustW Fm BmsPlussoUare.wvAY.Fa Bau.cwbn muivePublishinVBOD20 TIM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attu: Shouna Lyn Oyler ACCORDANCE WITH THE POLICY PROVISION AUTMORVED REPRESENTATIVE Booth 3300 Newport Bouleveard Newport Beach, CIL 92663 01988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registared marks of ACORD PmIUIm;ustW Fm BmsPlussoUare.wvAY.Fa Bau.cwbn muivePublishinVBOD20 TIM POLICY NUMBER: 014960830 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: 05/21/2010 Named Insured: SPECIALIZED BUILDERS HARDWAR Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ lia TRUCKINSURANCE ❑ FARMERSINSURANCE ❑ MID- CENTURY EXCHANGE EXCHANGE INSURANCE COMPANY 39026B NCCI CO. NO. 18244 NCCI CO. NO. 17744 NOCI CO. NO. 12098 CALIFORNIA 2nd Edition WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Named , SPECIALIZED BUILDERS HARDWARE, INC. Insured DBA: CFO DOOR HARDWARE & SECURITY 1274 N GROVE ST ANAHEIM, CA 92806 Effective Date 5 /13 /2010 Agent 97 88 332 D01086321 -09 2009 Polley Number Policy of the company Year WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an Injury coverd by We policy. We wfll not enforce our right against the person cr 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 shell t such remuneration. Minimum Charge: $250.00 Person or Organisation CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ATTN: SHAUNA LYN OYLER 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 3 % of the Califomfa Workers' Compensation premium otherwise due on Schedule Job Description TO BE DETERMINED COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT #4309 3300 FIFTH AVE NEWPORT BEACH, CA 92625 FOR ALL CALIFORNIA OPERATIONS This endorsement is pa F yo r policy. it supersedes a trols anything to the contrary. it is otherwise subject to all the terms of the policy. =� Countersigned Authorized Representative sosoza teoeornou 744 (WC 04 03 06 -EdMon 444) CERTIFICATE OF INSURANCE CHECKLIST C4 of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 05/24/10 Dept. /Contact Received From: Shauna Oyler Date Completed: 05/26/10 Sent to: Shauna Oyler By: Casey Rogers Company /Person required to have certificate: Specialized Builders Hardware Inc Service(s) Provided: I. GENERAL LIABILITY A. INSURANCE COMPANY: Mt. Hawley Insurance Company B. EFFECTIVE DATES: 05/01/10 to 05/01/11 C. AM BEST RATING (A-: VII or greater): "A +" (XI) D. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No E. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No G. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No H. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No L 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 J. 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. H. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Truck Insurance Exchanae B. EFFECTIVE DATES: 05/01/10 to 05/01/11 C. AM BEST RATING (A- : VII or greater) "A" (XV) D. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No E. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a 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. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. EFFECTIVE DATES: Truck Insurance Exchange 11114/09 to 11114110 C. AM BEST RATING (A-: VII or greater): D. LIMITS: Statutory E. WAIVER OF SUBROGATION (To include): HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL) Mt. Hawlev non - admitted in CA Approved: Agent of Brown & Brown Broker of record for the City of Newport Beach Date ® Requires approvallexceptiordwaiver by Risk Management CAR- Comments: Approved: Risk Management Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS CONTRACT NO 4309 DATE: 4/12/2010 BY: Public Works TO: ALL PLANHOLDERS Page: 1 of 1 The following changes, additions, deletions, or clarifications shall be made to the Contract Documents - all other conditions shall remain the same. NOTICE INVITING BIDS: 1. Change "Contractor License Classification reqired for this project: from "C -28" to "C -28" or "C -61 with D28" or "C -61 with D16 ". 7 -15 CONTRACTOR'S LICENSES. 1. Replace "the Contractor shall possess a California Contractor's "C -28" License" with "the Contractor shall possess a California Contractor's "C -28" or "C -61 — Limited Specialtiy Classsification for Hardware, Locks, and Safes (D16) or Doors, Gates, and Activating Device Contractor (D28)" License" Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. 9adr D dca jpa Bidder's Name (Please Print) - Z.0 -i O Signature & Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL Community Youth Center Door Hardware Improvements CONTRACT NO. 4309 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. 4309 in accordance with the Drawings and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization Seven Hundred @ Ninety Five Dollars and Zero Cents $ 795.00 Per Lump Sum 2. 1 Each Furnish and Install New Door Hardware Package B4 Three Thousand Two @ Hundred Sixty Dollars and Zero Cents $ 3,260.00 $3,260.00 Per Each 3. 3 Each Furnish and Install New Door Hardware Package G2, B6, and J7 Three Thousand Two Ot @ Hundred Ninety Dollars S and Sixty Seven Cents $ 3,290.67 $ 9,872.00 Per Each PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 3 Each Furnish and Install New Door Hardware Package B9, C10, and G8 Two Thousand Eight @ Hundred one Dollars and Sixty Seven Cents $ 2,801.67 Per Each 5. 1 Each Furnish and Install New Door Hardware Package H4 Two Thousand Nine @ Hundred Twenty Six Dollars and Zero Cents Per Each 6. Lump Sum As -Built Drawings @ One Thousand Dollars and Zero Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS $ 2,926.00 $ 8,405.00 $ 2,926.00 $ 1.000.00 Twenty Six Thousand Two Hundred Fifty Eight Dollars and zero Cents Tel: 714 - 632 -8116; fax: 714- 632 -8759 Bidder's Telephone and Fax Numbers 859157, Class C28 C61/D16 C61/D24 C61/D28 Bidder's License No(s). and Classification(s) 26.258.00 Total Price (Figures) Specialized Builder's Hardware, Inc., dba CFO Door Hardware & Security,_ Inc. o Bidder Bidd6s Au v6d Signature ?nd7T t John y. , Chief Operating O icer 1274 N. Grove Street, Anaheim, CA 92806 Bidder's Address Bidder's email address: john @sbhsolutions can PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 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. 1 Each Furnish and Install New Door Hardware Package F4 Two Thousand Eight Hundred @ Twenty Nine Dollars and Zero Cents Per Each A2, 2 Each Furnish and Install New Door Hardware Package F5 and H5 @ six Hundred SixteeiDoliars and Zero Cents Per Each $ 2,829.00 $ 616.00 $2,829.00 $ 616.00 O� PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS COMMUNITY YOUTH CENTER (CYC) DOOR HARDWARE IMPROVEMENTS CONTRACT NO. 4309 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -5 PLANS AND SPECIFICATIONS 1 2 -5.3.4 Supporting Information 1 2 -6 WORK TO BE DONE 1 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4 -1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.1.2 Order of Work 3 6 -7.2 Working Days 3 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.6.1 Best Management Practices and Monitoring Program 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment 4 5 5 5 5 5 5 6 6 6 6 6 6 8 SECTION 08710 DOOR HARDWARE 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS COMMUNITY YOUTH CENTER (CYC' DOOR HARDWARE IMPROVEMENT! CONTRACT NO. 4309 INTRODUCTION SP 1 OF 21 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- 5215 -S); (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. 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 2 -5 PLANS AND SPECIFICATIONS 2 -5.3.4 Supporting Information Replace this section with, "Supporting information submitted with the bid package shall consist of an itemized schedule of value for each hardware set assignment.° 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 removing door hardware and furnishing and installing new door hardware." SP2OF21 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 will 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. SP3OF21 SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 15 days 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." 6.7.1.2 Order of Work. No more than one room shall be under construction at any given time. One door per room shall remain operational at any given time. At the end of each working day, all doors shall be secured from outside entry. The Engineer and designated Recreation staff shall be notified if any door is not operating at the end of each work day. Alternative exits shall be provided for staff and public using the Community Youth Center during construction activities. Work order is subject to change by Engineer. 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 4tn 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 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 3151 falls on a Sunday, the following Monday is a holiday. If January 15t, July 4 th, November SP4OF21 11t" December 24th, December 25th or December 3151, falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. Contractor shall coordinate work schedule around CYC programmed activities. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 7 -8 PROJECT SITE MAINTENANCE 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. SP5OF21 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 will 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. 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 streets, roads, or sidewalk areas 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), SP6OF21 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 which are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a valid C -28 License. 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 RECORDSlAS BUILT DRAWINGS. A stamped set of approved drawings 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. The "As- Built" drawings 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: SP7OF21 Item No. 1 Mobilization: Work under this item shall include, but not limited to, providing bonds, insurance and financing, establishing a material and equipment storage location, preparing the BMP Plan and construction schedule, attending all construction meetings, providing submittals, and all other related work as required by the Contract Documents. Item No. 2 Furnish and Install New Door Hardware Package 64: Work under this item shall include, but not limited to, removing and disposing of door hardware, furnishing and installing the entire mullion package, panic hardware, lock cylinder hardware, surface closer, mounting plate, kick plate, threshold and appurtenances; reworking and repairing any damages incurred to existing door system; testing and adjusting the door and new hardware; and all other 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. 3 Furnish and Install New Door Hardware Package G2, B6, and J7: Work under this item shall include, but not limited to, removing and disposing of door hardware, furnishing and installing the entire mullion package, panic hardware, lock cylinder hardware, surface closer, mounting plate, kick plate, threshold and appurtenances; reworking and repairing any damages incurred to existing door system; testing and adjusting the door and new hardware; and all other 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. 4 Furnish and Install New Door Hardware Package B9, C10, and G8: Work under this item shall include, but not limited to, removing and disposing of door hardware, furnishing and installing the entire mullion package, panic hardware, lock cylinder hardware, surface closer, mounting plate, kick plate, and appurtenances; reworking and repairing any damages incurred to existing door system; testing and adjusting the door and new hardware; and all other 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. 5 Furnish and Install New Door Hardware Package H4: Work under this item shall include, but not limited to, removing and disposing existing door hardware to accommodate for the new hardware; furnishing and installing the entire mullion package, panic hardware, lock cylinder hardware, surface closer, mounting plate, kick plate, threshold, appurtenances, and repairing any damages incurred to existing door system and all other 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. 6 As -Built Redline Drawings: Work under this item shall include all actions necessary to provide "As- Built' construction drawings. These drawings shall be kept up to date and submitted to the Engineer for review prior to request for payment. SP8OF21 ADDITIVE BID ITEMS Item No. Al Furnish and Install New Door Hardware Package F4: Work under this item shall include, but not limited to, removing and disposing of door hardware, furnishing and installing panic hardware, lock cylinder hardware, surface closer, mounting plate, kick plate, and appurtenances; reworking and repairing any damages incurred to existing door system; testing and adjusting the door and new hardware; and all other 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. A2 Furnish and Install New Door Hardware Package F5 and H5: Work under this item shall include, but not limited to, removing and disposing existing door hardware, furnishing and installing lever and rose set, spring cage, spindles, MTD screws thru bolts, all associated hardware; reworking and repairing any damages incurred to existing door system; testing and adjusting the door and new hardware; and all other 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. 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." SP9OF21 SECTION 08710 DOOR HARDWARE PART 1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Door Hardware. B. Related Sections: 1. Section 06200 - Finish Carpentry: Finish Hardware Installation C. Specific Omissions: Hardware for the following is specified or indicated elsewhere. 1. Windows. 2. Cabinets, including open wall shelving and locks. 3. Signs, except where scheduled. 4. Toilet accessories, including grab bars. 5. Installation. 6. Rough hardware. 7. Conduit, junction boxes & wiring. 1.2 REFERENCES: Use date of standard in effect as of Bid date. A. American National Standards Institute —ANSI 156.18 — Materials and Finishes. B. ICC /ANSI A117.1 - 1998 — Specifications for making buildings and facilities usable by physically handicapped people. C. ADA — Americans with Disabilities Act of 1990 D. BHMA — Builders Hardware Manufacturers Association E. DHI — Door and Hardware Institute F. NFPA — National Fire Protection Association 1. NFPA 80 — Fire Doors and Windows 2. NFPA 105 — Smoke and Draft Control Door Assemblies 3. NFPA 252 —Fire Tests of Door Assemblies G. UL — Underwriters Laboratories 1. UL10C — Positive Pressure Fire Tests of Door Assemblies. 2. UL 305 — Panic Hardware 1.3 SP 10 OF 21 H. WHI — Warnock Hersey Incorporated State of California Building Code I. Local applicable codes J. SDI — Steel Door Institute K. WI — Woodwork Institute L. AWI — Architectural Woodwork Institute M. NAAMM — National Association of Architectural Metal Manufacturers SUBMITTALS & SUBSTITUTIONS A. SUBMITTALS: Submit four copies of hardware schedule. Only submittals printed one sided will be accepted and reviewed. Organize vertically formatted schedule into "Hardware Sets" with index of doors and headings, indicating complete designations of every item required for each door or opening. Include following information: 1. Type, style, function, size, quantity and finish of hardware items. 2. Use BHMA Finish codes per ANSI Al 56.18. 3. Name, part number and manufacturer of each item. 4. Fastenings and other pertinent information. 5. Location of hardware set coordinated with floor plans and door schedule. 6. Explanation of abbreviations, symbols, and codes contained in schedule. 7. Mounting locations for hardware. 8. Door and frame sizes, materials and degrees of swing. 9. List of manufacturers used and their nearest representative with address and phone number. 10. Catalog cuts. 11. Manufacturer's technical data and installation instructions for hardware. 12. Date of jobsite visit. B. Bid and submit manufacturer's updated /improved item if scheduled item is discontinued. C. Deviations: Highlight, encircle or otherwise identify deviations from "Schedule of Finish Hardware" on submittal with notations clearly designating those portions as deviating from this section. D. Items listed with no substitute manufacturers have been requested by Engineer to meet existing standard. SP 11 OF 21 E. Furnish as- builtlas- instalied schedule with closeout documents, including keying schedule, wiring diagrams, manufacturers' installation, adjustment and maintenance information, and supplier's final inspection report. 1.4 QUALITY ASSURANCE: A. Hardware: Free of defects, blemishes and excessive play. Obtain each kind of hardware (latch and locksets, exit devices, hinges and closers) from one manufacturer. B. Exit Doors: Operable from inside with single motion without the use of a key or special knowledge or effort. C. Fire -Rated Openings: NFPA 80 compliant. Hardware UL10C / California State Fire Marshal Standard 12 -7 -4 (positive pressure) compliant for given type /size opening and degree of label. Provide proper latching hardware, non - flaming door closers, approved- bearing hinges, and resilient seals. Coordinate with wood door section for required intumescent seals. Furnish openings complete. D. Note: scheduled resilient seals may exceed selected door manufacturer's requirements. E. See 2.6.E for added information regarding resilient and intumescent seals. F. Furnish hardware items required to complete the work in accordance with specified performance level and design intent, complying with manufacturers' instructions. G. Pre - Installation Meetings: Initiate and conduct with supplier, installer and related trades, coordinate materials and techniques, and sequence complex hardware items and systems installation. Include manufacturers' representatives of locks, panic hardware and door closers in the meetings. Convene prior to commencement of related work. 1.5 DELIVERY, STORAGE AND HANDLING: A. Delivery: coordinate delivery to appropriate locations. 1. Permanent keys and cores: secured delivery direct to Engineer. B. Acceptance at Site: Items individually packaged in manufacturers' original containers, complete with proper fasteners and related pieces. Clearly mark packages to indicate contents, locations in hardware schedule and door numbers. C. Storage: Provide securely locked storage area for hardware, protect from moisture, sunlight, paint, chemicals, dust, excessive heat and cold, etc. SP 12 OF 21 1.6 PROJECT CONDITIONS AND COORDINATION: A. Where exact types of hardware specified are not adaptable to finished shape or size of members requiring hardware, provide suitable types having as nearly as practical the same operation and quality as type specified, subject to Engineer's approval. B. Coordination: Coordinate hardware with other work. Furnish hardware items of proper design for use on doors and frames of the thickness, profile, swing, security and similar requirements indicated, as necessary for proper installation and function, regardless of omissions or conflicts in the information on the Contract Documents. Furnish related trades with the following information: 1. Location of embedded and attached items to concrete. 2. Location of wall- mounted hardware, including wall stops. 3. Location of finish floor materials and floor- mounted hardware. 4. Locations for conduit and raceways as needed for electrical, electronic and electro- pneumatic hardware items. Fire /life- safety system interfacing. Point -to -point wiring diagrams plus riser diagrams to related trades. 5. Manufacturer templates to door and frame fabricators. C. Check Shop Drawings for doors and entrances to confirm that adequate provisions will be made for proper hardware installation. D. Prior to submittal, carefully inspect existing conditions to verify finish hardware required to complete Work, including sizes, quantities, existing hardware scheduled for re -use, and sill condition material. If conflict between the specified /scheduled hardware and existing conditions, submit request for direction from Engineer. Include date of jobsite visit in the submittal. Submittals prepared without thorough jobsite visit by qualified hardware expert will be rejected as non - compliant. 1.7 WARRANTY: A. Part of respective manufacturers' regular terms of sale. Provide manufacturers' written warranties certificate stating the City as the owner entitled to warranty coverage: 1. Locksets: 2. Exit Devices: 3. Closers: 4. Other Hardware Three years Three years mechanical Ten years mechanical Two years SP 13 OF 21 PART PRODUCTS 2.1 MANUFACTURERS: ITEM: MANUFACTURER: Key System (SCH) Schlage Locks (SCH) Schlage Exit Devices (VON) Von Duprin Closers (LCN) LCN Kickplates (IVE) Ives Thresholds (NGP) NGP Seals (NGP) NGP Mullion (VON) Von Duprin 2.2 HINGING METHODS: A. Drawings typically depict doors at 90 degrees. Doors will actually swing to maximum allowable. Use wide -throw conventional or continuous hinges as needed up to 8 inches in width to allow door to stand parallel to wall for true 180- degree opening. Advise Engineer if 8 -inch width is insufficient. B. Conform to manufacturer's published hinge selection standard for door dimensions, weight and frequency, and to hinge selection as scheduled. Where manufacturer's standard exceeds the scheduled product, furnish the heavier of the two choices. Notify Engineer of deviation from scheduled hardware. C. Conventional Hinges: Steel or stainless steel pins and concealed bearings. Hinge open widths minimum, but of sufficient throw to permit maximum door swing. 1. Outswinging exterior doors: non - ferrous with non - removable (NRP) pins and security studs. 2. Non - ferrous material exteriors and at doors subject to corrosive atmospheric conditions. D. Pivots: high- strength forged bronze or stainless steel, tilt -on precision bearing and bearing pin. 1. Bottom and intermediate pivots: adjustability of minus 1/16 inch, plus 118 inch. SP 14 OF 21 2.3 LOCKSETS, LATCHSETS, DEADBOLTS: A. Mortise Locksets and Latchsets: as scheduled. 1. Chassis: cold - rolled steel, handing field - changeable without disassembly. 2. Latchbolts: 314 inch throw stainless steel anti - friction type. 3. Lever Trim: through - bolted, accessible design, cast lever or solid extruded bar type levers as scheduled. Filled hollow tube design unacceptable. a) Spindles: security design independent breakaway. Breakage of outside lever does not allow access to inside lever's hubworks to gain wrongful entry. 4. Furnish solid cylinder collars with wave springs. Wall of collar to cover rim of mortise cylinder. 5. Thumbturns: accessible design not requiring pinching or twisting motions to operate. 6. Deadbolts: stainless steel 1 -inch throw. 7. Electric operation: Manufacturer - installed continuous duty solenoid. B. Strikes: 16 gage curved steel, bronze or brass with 1 inch deep box construction, lips of sufficient length to clear trim and protect clothing. 9. Scheduled Lock Series and Design: Schlage L series, 06A design. 10. Certifications: a) ANSI Al 56.13, 1994, Grade 1 Operational, Grade 1 Security. b) ANSUASTM F476 -84 Grade 31 UL Listed. 2.4 EXIT DEVICES I PANIC HARDWARE A. General features: 1. Independent lab- tested 1,000,000 cycles. 2. Push - through push -pad design. No exposed push -pad fasteners, no exposed cavities when operated. Return stroke fluid dampeners and rubber bottoming dampeners, plus anti -rattle devices. 3. 0.75 -inch throw deadlocking latchbolts. 4. End caps: impact- resistant, flush- mounted. No raised edges or lips to catch carts or other equipment. 5. No exposed screws to show through glass doors. SP 15 OF 21 6. Non - handed basic device design with center case interchangeable with all functions, no extra parts required to effect change of function. 7. Releasable in normal operation with 15 -lb. maximum operating force per California State Fire Marshal Standard 12 -10 -3, and with 32 lb. maximum pressure under 250 -lb. load to the door. 8. Exterior doors scheduled with XP- series devices: Static load force resistance of at least 2000 pounds. 9. Comply with CBC Section 1003.3.1.9. B. Specific features: 1. Non -Fire Rated Devices: cylinder dogging. 2. Lever Trim: breakaway type, forged brass or bronze escutcheon min .130" thickness, compression spring drive, match lockset lever design. 3. Rod and latch guards with sloped full -width kickplates for doors fitted with surface vertical rod devices with bottom latches. 4. Fire - Labeled Devices: UL label indicating "Fire Exit Hardware ". Vertical rod devices less bottom rod (LBR) unless otherwise scheduled. 5. Removable Mullions: Removable with single turn of building key. Securely reinstalled without need for key. Furnish storage brackets for securely stowing the mullion away from the door when removed. 2.5 CLOSERS A. Surface Closers: 1. Full rack - and - pinion type cylinder with removable non - ferrous cover and cast iron body. Double heat - treated pinion shaft, single piece forged piston, chrome - silicon steel spring. 2. ISO 2000 certified. Units stamped with date -of- manufacture code. 3. Independent lab- tested 10,000,000 cycles. 4. Non- sized, non - handed, and adjustable. Place closer inside building, stairs, and rooms. 5. Plates, brackets and special templating when needed for interface with particular header, door and wall conditions and neighboring hardware. 6. Adjustable to open with not more than 5.Olbs pressure to open at exterior doors and 5.Olbs at interior doors. As allowed per California Building Code, Section 11338.2.5, local authority may increase the allowable pressure for fire doors to achieve positive latching, but not to exceed 15lbs. SP 16 OF 21 7. Separate adjusting valves for closing speed, latching speed and backcheck, fourth valve for delayed action where scheduled. 8. Extra -duty arms (EDA) at exterior doors scheduled with parallel arm units. 9. Exterior door closers: tested to 100 hours of ASTM B117 salt spray test, furnish data on request. 10. Exterior doors: seasonal adjustments not required for temperatures from 120 degrees F to -30 degrees F, furnish checking fluid data on request. 11. Non - flaming fluid, will not fuel door or floor covering fires. 12. Pressure Relief Valves (PRV) not permitted. 2.6 OTHER HARDWARE A. Kick Plates: Four beveled edges, .050 inches minimum thickness, height and width as scheduled. Sheet -metal screws of bronze or stainless steel to match other hardware. B. Door Stops: Provide stops to protect walls, casework or other hardware. 1. Unless otherwise noted in Hardware Sets, provide floor type with appropriate fasteners. Where floor type cannot be used, provide wall type. If neither can be used, provide overhead type. 2. Locate overhead stops for maximum possible opening. Consult with Owner for furniture locations. Minimum: 90deg stop / 95deg deadstop. Note degree of opening in submittal. C. Seals: Finished to match adjacent frame color. Resilient seal material: polyurethane, polypropylene, nylon brush, silicone rubber or solid high - grade neoprene as scheduled. Do not furnish vinyl seal material. UL label applied to seals on rated doors. Substitute products: certify that the products equal or exceed specified material's thickness and durability. 1. Proposed substitutions: submit for approval. 2. Solid neoprene: MIL Spec. R6855 -CL III, Grade 40. 3. Non - corroding fasteners at in- swinging exterior doors. 4. Sound control openings: Use components tested as a system using nationally accepted standards by independent laboratories. Ensure that the door leafs have the necessary sealed -in -place STC ratings. Fasten applied seals over bead of sealant. D. Automatic door bottoms: low operating force units. Doors with automatic door bottoms plus head and jamb seals cannot require more than two pounds operating force to open when closer is disconnected. SP 17 OF 21 E. Thresholds: As scheduled and per details. Comply with CBC Section 11336.2.4.1. Substitute products: certify that the products equal or exceed specified material's thickness. Proposed substitutions: submit for approval. 1. Exteriors: Seal perimeter to exclude water and vermin. Use sealant complying with requirements in Division 7 "Thermal and Moisture Protection ". Non - ferrous 1 /4inch fasteners and lead expansion shield anchors, or Red -Head #SFS -1420 (or approved equivalent) Flat Head Sleeve Anchors (SS /FHSL). 2. Fire -rated openings, 90 minutes or less duration: use thresholds to interrupt floor covering material under the door where that material has a critical radiant flux value less than 0.22 watts per square centimeter, per NFPA 253. Use threshold unit as scheduled. If none scheduled, request direction from Engineer. 3. Fire -rated openings, three hour duration: Thresholds, where scheduled, to extend full jamb depth. 4. Acoustic openings: Set units in full bed of Division -7- compliant, leave no air space between threshold and substrate. 5. Plastic plugs with wood or sheet metal screws are not an acceptable substitute for specified fastening methods. 6. Fasteners: Generally, exposed screws to be Phillips or Robertson drive. Pinned TORX drive at high security areas. Flat head sleeve anchors (FHSL) may be slotted drive. Sheet metal and wood screws: full- thread. Sleeve nuts: full length to prevent door compression. F. Silencers: Interior hollow metal frames, 3 for single doors, 4 for pairs of doors. Omit where adhesive mounted seal occurs. Leave no unfilled /uncovered pre - punched silencer holes. 2.7 FINISH: A. Generally BHMA 626 Satin Chromium and 613 oil rubbed bronze. B. Door closers: factory powder coated to match other hardware, unless otherwise noted. C. Aluminum items: match predominant adjacent material. Seals to coordinate with frame color. 2.8 KEYING REQUIREMENTS: A. Key System: Schlage keyway, interchangeable core. For estimate use factory GMK charge. Initiate and conduct meeting(s) with Engineer and Supplier representatives to determine system requirements and keybow styles. Furnish Engineer's written approval of the system. Match existing Schlage keying on site. SP 18 OF 21 B. Keys 1. Existing factory registered master key system. 2. Construction keying: furnish temporary keyed -alike cores. Remove at substantial completion and install permanent cores in Engineer's presence. Demonstrate that construction key no longer operates. 3. Furnish 10 construction keys. 4. Furnish 2 construction control keys. C. Key Cylinders: furnish 6 -pin solid brass construction. D. Cylinder cores: furnish keyed at factory of lock manufacturer where permanent records are maintained. Locks and cylinders same manufacturer. E. Permanent keys: use secured shipment direct from point of origination to Owner. 1. For estimate: 3 keys per change combination, 5 master keys per group, 5 grand- master keys, 3 control keys. F. Bitting List: use secured shipment direct from point of origination to Engineer upon completion. PART 3 - EXECUTION 3.1 PREPARATION: A. Ensure that walls and frames are square and plumb before hardware installation. Make corrections before commencing hardware installation. B. Locate hardware per SDI -100 and applicable building, fire, life- safety, accessibility, and security codes. 1. Notify Engineer of code conflicts before ordering material. 2. Locate levers, key cylinders, t -turn pieces, touchbars and other operable portions of latching hardware between 30 inches to 44 inches above the finished floor, per CBC Section 113313.2.5.1. 3. Where new hardware is to be installed near existing doors /hardware scheduled to remain, match locations of existing hardware. C. Overhead stops: before installing, determine proposed locations of furniture items, fixtures, and other items to be protected by the overhead stop's action. SP 19 OF 21 D. Existing frames and doors to be retrofitted with new hardware: 1. Field- verify conditions and dimensions prior to ordering hardware. Fill existing hardware cut outs not being reused by the new hardware. Remove existing hardware not being reused, return to Engineer unless directed otherwise. 2. Remove existing floor closers not scheduled for reuse, fill cavities with concrete and finish smooth 3. Cut and weld existing steel frames currently prepared with 2-%" height strikes. Cut an approx. 8" section from the strike jamb and weld in a reinforced section to accommodate specified hardware's strike. 4. Patch and weld flush filler pieces into existing door hardware preparations in steel doors and frames, leave surfaces smooth. Glue in solid wood block fillers to fill cut outs in existing wood doors, sand surfaces smooth. Alternatively, use an approved epoxy -based wood filler product, submit product data for approval. 3.2 INSTALLATION A. Contractor shall ensure that all construction and workmanship shall confirm to 2007 Uniform Building Code. B. Install hardware per manufacturers' instructions and recommendations. Do not install surface- mounted items until finishes have been completed on substrate. Set units level, plumb and true to line and location. Adjust and reinforce attachment substrate for proper installation and operation. Remove and reinstall or replace work deemed defective by Engineer. 1. Gaskets: install jamb - applied gaskets before closers, overhead stops, rim strikes, etc; fasten hardware over and through these seals. Install sweeps across bottoms of doors before astragals, cope sweeps around bottom pivots, trim astragals to tops of sweeps. 2. When hardware is to be attached to existing metal surface and insufficient reinforcement exists, use RivNuts, NutSerts or similar anchoring device for screws. 3. Use manufacturers' fasteners furnished with hardware items, or submit Request for Substitution with Engineer. 4. Replace fasteners damaged by power- driven tools. C. Locate floor stops no more that 4 inches from walls and not within paths of travel. See paragraph 2.2 regarding hinge widths, door should be well clear of point of wall reveal. Point of door contact no closer to the hinge edge than half the door width. Where situation is questionable or difficult, contact Engineer for direction. SP 20 OF 21 D. Core concrete for exterior door stop anchors. Set anchors in approved non - shrink grout. E. Locate overhead stops for minimum 90 degrees and maximum allowable degree of swing. F. Drill pilot holes for fasteners in wood doors and/or frames. G. Lubricate and adjust existing hardware scheduled to remain. Carefully remove and give to Engineer items not scheduled for reuse. H. Field verify existing conditions and measurements prior to ordering hardware. Fill existing hardware cut outs not being used by the new hardware. Remove existing hardware not being reused. I. Disable or remove existing floor closers where they exist. If disabled cut or remove spindle. J. Where existing wall conditions will not allow door to swing using the scheduled hinges, provide wide -throw hinges and if needed extended arms on closers. K. Provide proper brackets to accommodate the mounting of closers on doors with flush transoms. 3.3 ADJUSTING A. Adjust and check for proper operation and function. Replace units, which cannot be adjusted to operate freely and smoothly. 1. Hardware damaged by improper installation or adjustment methods: repair or replace to Engineer's satisfaction. 2. Adjust doors to fully latch with no more than 1 pound of pressure. 3. Adjust delayed- action closers on fire -rated doors to fully close from fully- opened position in no more than 10 seconds. 4. Adjust door closers per 1.9 this section. B. Inspection: Use hardware supplier's consultant or consultant's agent. Include supplier's report with closeout documents. C. Final inspection: Installer to provide letter to Engineer that upon completion installer has visited the Project and has accomplished the following: 1. Re- adjust hardware. 2. Evaluate maintenance procedures and recommend changes or additions, and instruct Engineer's personnel. 1 Identify items that have deteriorated or failed. 4. Submit written report identifying problems SP 21 OF 21 3.4 DEMONSTRATION: A. Demonstrate mechanical hardware and pneumatic hardware systems, including adjustment and maintenance procedures. 3.5 PROTECTION /CLEANING: A. Cover installed hardware, protect from paint, cleaning agents, weathering, carts /barrows, etc. Remove covering materials and clean hardware just prior to substantial completion. B. Clean adjacent wall, frame and door surfaces soiled from installation /reinstallation process. END OF SECTION 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT MAY 1 1 nin Agenda Item No. 11 May 11, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 - 644 -3316 or ptauscher @newportbeachca.gov SUBJECT: COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS - AWARD OF CONTRACT NO. 4309 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4309 to Specialized Builder's Hardware, Inc., dba CFO Door Hardware & Security, Inc. (CFO) for the Total Contract Price of $30,319.02, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish a construction contingency amount of $4,600.00, approximately 15 percent, to cover the cost of unforeseen work. 4. Approve a Budget Amendment No. 10BA- appropriating $4,600.00 from the unappropriated Building Excise Tax Fund to CYC Rehabilitation Account No. 7271- C4120806. Discussion: At 9:00 a.m. on April 20, 2010, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Specialized Builder's Hardware, Inc., dba CFO Door '$26,258.02 Hardware & Security, Inc. 2 Joe Picco & Associates, Inc., dba EJ Enterprises $29,506.00 3 Controlled Key Systems, Inc. $37,112.72 As -bid amount is $26,258.00 The total bid amount is approximately 23 percent below the Engineer's Estimate of $34,100.00. The difference between the estimate and low bid price may reflect the contractor's ability to procure the specified door hardware at discounted prices. The low bidder, CFO, possesses a California State Contractors License Classification "C -28" as 0 0 Community Youth Center Door Hardware Improvements — Award of contract No. 4309 May 11, 2010 Page 2 required by the project specifications. A check of CFO's references indicates they have satisfactorily completed similar door hardware projects for other public organizations in Los Angeles, Alhambra, and Oxnard. The base bid includes exterior door hardware only. Two additive bid items for interior door hardware were included in the bid package. After review with Recreation and Senior Services Department staff and evaluation of the bid pricing, Staff recommends adding Additive Bid Items 1 and 2 to the contract at a cost of $4,061.00. The work for this contract includes removing and disposing of existing door hardware, installing new door hardware, and completing other incidental items in place as required by the Plans and Specifications. The contractor will have 15 consecutive working days to complete the work. While the City's standard contingency is ten percent, for small projects, this could easily be depleted by minor changes in conditions. Therefore, staff requests a contingency of $4,600.00, representing approximately 15 percent of the contract value. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Funding Availability: With the approval of the recommended budget amendment, adequate funds are available in the project account: Account Description Account Number Amount General Fund 7011- C4120806 $30,819.02 Building Excise Tax 7271- C4120806 4,600.00 TOTAL $35,419.02 Proposed uses are as follows: 0 Community Youth Center Door Hardware Improvements —Award of Contract No. 4309 May 11, 2010 Page 3 Vendor Specialized Builder's Hardware, Inc., dba CFO Door Hardware & Security, Inc. Purpose Construction Contract Specialized Builder's Hardware, Inc., dba Construction Contingency CFO Door Hardware & Security, Inc. Various Prepared by: Peter Tauscher Junior Engineer Attachments: Project Location Map Printing and Incidentals Total Submitted by: ;n G.Badum Works Director Amount $30,319.02 500.00 $35,419.02 0 E GRANT HOWALD PARK PROJECT LOCATION J ti ✓�, GP Q`y s P�� s v � �• P W � LOCATION MAP NOT TO SCALE COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS 3000 FIFTH AVENUE, NEWPORT BEACH C -4309 CitWf Newport Beach • NO, BA- 1OBA445 / BUDGET AMENDMENT 2009 -10 AMOUNT: $4,600.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from the Building Excise Tax Fund unappropriated fund balance to establish a construction contingency for contract * 4309 with Specialized Builder's Hardware, Inc. for the Community Youth Center door hardware improvements. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 270 3605 Building Excise Tax Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Signed: ej9 r nan Ficial Approv Administrative Services Director Signed: Administrative Approval: City Manager Amount Debit Credit $4,600.00 " $4,600.00 ,s7 'D Date Signed: City Council Approval: City Clerk Date Description Division Number 7271 Building Excise Tax Fund Account Number C4120806 CYC Rehabilitation Division Number Account Number Division Number Account Number Division Number Account Number Signed: ej9 r nan Ficial Approv Administrative Services Director Signed: Administrative Approval: City Manager Amount Debit Credit $4,600.00 " $4,600.00 ,s7 'D Date Signed: City Council Approval: City Clerk Date