HomeMy WebLinkAboutC-4315 - Corporation Yard Fleet Shop CNG Modification ProjectJune 13, 2012
Mr. David Schellhardt
Anderson Air Conditioning
2100 E. Walnut Avenue
Fullerton, CA 92831
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
Subject: Corporation Yard Fleet Shop CNG Modification Project - C-4315
Dear Mr. Schellhardt:
On June 14, 2011, the City Council of Newport Beach accepted the work for the
subject project and authorized the City Clerk to file a Notice of Completion, to
release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code, and to
release the Faithful Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
June 23, 2011. Reference No. 2011000305678. The Surety for the contract is
Federal Insurance Company and the bond number is 8216-52-51. Enclosed is the
Faithful Performance Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach.ca.us
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
BOND NO. 8216-52-51
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1, 544 . 00
being at the rate of $ f i rs t $1, 000, 0 00 @ $ 7 . 90 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Anderson Air Conditioning, LP, hereinafter designated as the "Principal", a
contract for construction of CORPORATION YARD FLEET SHOP CNG MODIFICATION
PROJECT, Contract No.. 4315 in the City of Newport Beach, in strict conformity with the plans,
drawings, specifications, and other Contract Documents maintained in the Public Works
Department of the City of Newport Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 4315 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and Federal 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 One Hundred Ninety -Five Thousand, Four Hundred Thirty -Four and
00/100 Dollars ($195,434.00) lawful money of the United States of America, said sum being equal
to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its
successors, and assigns; for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its
officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same,
in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become
null and void.
29
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 7th day of September 2010.
Anderson Air Conditioning, LP
( Principal)
Federal Insurance Company
Name of Surety
15 Mountain View Road
Warren, New Jersey 07059
Address of Surety
(908) 903-3467
Telephone
Michael A. Youngblut, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
30
ACKNOWLEDGMENT
..rr.■rr.■..rr.r■..rr......■■■■■■■■■■■■r■■r■■■r■■■■rr■■■■■■■■■■■r■■■■■■■■■■■■■I
State of (%tt01*ffa Maryland
County of Montgomery }ss.
On September 7, 2010 before me, Claudia A. Lohaus Notary
Public, personally appeared Michael A. Younablut
,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.
Signature
-1 C -)o/ I (seal)
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
31
Thumbprint of Signer
F1 Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
dMaX0a022aaE0vaaa0N0aNnaaaWNaaaaNa2a......aaaaaaaaaaaaa2aaaaaaaaaaaaaaaaaaa0aaI
State of California
County of 0 In c)(2— ) SS.
On v �-, �� 11)10 before me, AN -c-' (� Notary
Public, pe sonally appeared '(Yi'�kz�� V' 7Lu Cavy
,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.
ITi
ignature
MELISSA IR
Commission # 1804351 L
•d s Notary Public - California
Orange County
my Comm. Expires Jun 26, 2012
(seal)
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Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
�i - ) j
An 011,
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
7
LIU 0
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
W,
Thumbprint of Signer
Check here if
no thumbprint
or fingerprint
is available.
August 1, 2011
Mr. David Schellhardt
Anderson Air Conditioning
2100 E. Walnut Avenue
Fullerton, CA 92831-4910
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
Subject: Corporation Yard Fleet Shop CNG Modification Project (C-4315)
Dear Mr. Schellhardt:
On June 14, 2011, the City Council of Newport Beach accepted the work for the
subject project and authorized the City Clerk to file a Notice of Completion, to
release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code, and to
release the Faithful Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
June 23, 2011, Reference No. 2011000305678. The Surety for the bond is Federal
Insurance Company and the bond number is 8216-52-51. Enclosed is the Labor &
Materials Payment Bond.
Sincerely,
Lei ani I. Brown, MMC
City Clerk
Enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach.ca.us
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
BOND NO. 8216-52-51
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Anderson Air Conditioning, LP, hereinafter designated as the
"Principal," a contract for construction of CORPORATION YARD FLEET SHOP CNG
MODIFICATION PROJECT, Contract No. 4315 in the City of Newport Beach, in strict conformity
with the plans, drawings, specifications and other Contract Documents in the office of the Public
Works Department of the City of Newport Beach, all of which are incorporated herein by this
reference.
WHEREAS, Principal has executed or is about to execute Contract No. 4315 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,
Federal 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 One Hundred Ninety -Five
Thousand, Four Hundred Thirty -Four and 00/100 Dollars ($195,434.00) lawful money of the
United States of America, said sum being equal to 100% of the estimated amount payable by the
City of Newport Beach under the terms of the Contract; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery
used in, upon, for, or about the performance of the work contracted to be done, or for any other
work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, or for any amounts required to be deducted, withheld and paid
over to the Employment Development Department from the wages of employees of the Principal
and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect
to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum
specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a
reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of
the Civil Code of the State of California.
33
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 7th day of September , 2Q10.
Anderson Air Conditioning, LP
(Principal)
Federal Insurance Company
Name of Surety
15 Mountain View Road
Warren, New Jersey 07059
Address of Surety
(908) 903-3467
Telephone
Michael A.'Youngblut, Attorney-In-4acc
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND S URETY MUST BE
ATTACHED
34
ACKNOWLEDGMENT
State of $AM§ X Maryland
County of Montgomery }ss.
On September 7, 2010 before me, Claudia A. Lohaus Nota
a Notary
Public, personally appeared Michael A. Youngblut
,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 e6tity upon behalf of which the persons) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Si _nature
r'4 14 (seal)
■......................r..■r...................■■.............................1
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO / CFO / COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
35
Thumbprint of Signer
Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
r.■...■.r■...■r...r■■..■■■■■■■■■■■■■■■■■■■r■■■■■.r■.....■■■.■■r■■■■■■■■■■■■■■■I
State of California
County of CkV'X } ss. (�
On 'k . 'BI 2-tIO before me, �' i t;1'it:� .,1S�Ct�� Notary'
Public, personally appeared W
,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
Signature
OPTIONAL /NFORMAVON
Date of Document j Z.� 1 )
Type or Title of Document L i1L1t r j~c� . o 4_
Number of Pages in Document c,
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
36
MELISSA R.71804351
EWART
Commission
Notary Public - California
Orange County
My Comm. Expires Jun 26, 2012
(seal)
Thumbprint of Signer
[] Check here if
no thumbprint
or fingerprint
is available.
Chubb )WER Federal Insurance Comp, , Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059
cFruae
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint James M. Conley, Eugene P. Dessureau, Stephen W. Freeman, Michele E.H. Blanco, Andrew E. Strand,
Robert E. Walsh, Michael A. Youngblut and John J. Younger of Chevy Chase, Maryland ------------------------------------
each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 9th day of March, 2009
op
enneth C. Wendel, Assistant Secretary t Da ' orris, Jr., Vice res' ni
STATE OF NEW JERSEY
ss.
County of Somerset
On this 9th day of March, 2009 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the
signature of David S. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By -
Laws and in deponent's presence.
Notarial Seal
B. BqNotaryPublk, So* of Nrw
y OT A R Y fNo. 2321097 ,�
—`l Carl o tilliitwt bores Oct. 23, 2009 y
SPU BLS Notary Public
F
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached."
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the "Companies") do hereby certify that
(i) the foregoing extract of the By- Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this
,kOuiAnr r `N`'\1PA v f
oL �S��allourb�>s �~ Com
f
41OIAN► 47f It Nfivy Op�
September 7, 2010
Kenneth C. V, endel,!•,., .ant Ser-relary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656
e-mail: surety@chubb.com
Form 15-10- 0225B- U (Ed. 5- 03) CONSENT
RECEIVEDRecorded in Official Records, Orange count
RECORDING REQUESTED BY AND loin Daly, Clerk-Recorder y
WHEN RECORD10 IA,TWFZNffqb; 37!lliill!11!I$llI""!"Il IIIllllllllI"":I'"
Ill IIII!IIIIIIIIIIIIll IIII [CO FEE
Cit Clerk 2011000305678 1037 am 06/23/11
y OFFICE OF 193 408 N12 1
City of Newport BeacI5HE CITY CLERK 0.01) 0 00 0.00 0.00 OM 0.00 0.00 0.00
3300 Newport BoGrl rdlENPORT BEO
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, each, California, 92663, as Owner, and Anderson Air Conditioning LP,
Fullerton, California, as Contractor, entered into a Contract on October 12, 2010. Said
Contract set forth certain improvements, as follows:
Corporation Yard Fleet Shop CNG Modification Proiect — C-4315
Work on said Contract was completed, and was found to be acceptable on
June 14, 2011, by the City Council. Title to said property is vested in the Owner, and the
Surety for said Contract is Federal Insurance Company.
Y
�>ffs Director
ewport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on Iva/ 15, 101
BY �&- �, 6wv�
City Clerk
, at Newport Beach, California.
-P
�FWPOV CITY OF
N E WVV PORT BEACH
f s
u c�
<<Fp RN City Council Staff Report Agenda Item No. 15
June 14, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum, Public Works Director
949-644-3311, sbadum@newportbeachca.gov
PREPARED BY: Frank T. Tran, Associate Civil Engineer
APPROVED:n 1
V
BY i CITY COUNCIL
CITY OF NEWPORT BEACH
t
TITLE: Corporation Yard Fleet Shop CNG Modification Project -
Completion and Acceptance of Contract No. 4315
ABSTRACT:
On September 14, 2010, City Council awarded the Corporation Yard Fleet Shop CNG
Modification Project, Contract No. 4315 to Anderson Air Conditioning, LP for a total
contract cost of $195,434.00 plus a 10% allowance for contingencies. The purpose of
this contract was to modify two existing service bays in Building "D" of the Corporation
Yard for servicing compressed natural gas (CNG) vehicles. The required work is now
complete and staff requests City Council acceptance and close out of the contract.
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 this Council acceptance.
FUNDING REQUIREMENTS:
In addition to the primary construction contract, this project involved other project
expenses. Total project expenses are summarized as follows:
Design and Construction Support $57,634.00
Construction $208,584.22
Incidentals $1,038.07
Total Project Cost $267,256.29
FJ
Corporation Yard Fleet Shop CNG Modification Project - Completion and Acceptance of
Contract No. 4315
June 14, 2011
Page 2
Funds for the construction contract were expended from the following accounts:
Account Description Account Number Amount
AOMD Fund 729n-C8nn2n14 $ 156 nnn.nn
Equipment Maintenance 7611-C8002014 $ 52,5_84.22
Total Construction Cost $ 208,584.22
DISCUSSION:
Summary of Completed Construction Contract
Total Contract
Final Cost at
Benchmark
Actual
Contract
Time
Amount
Completion
Target
Contract
Time
Under (-}
_
(days)
r
or Over (+}
_
$195,434.00
$208,584,22
Contract
+6.7%
105
0
Plus 10%
The work necessary to complete this contract consisted of modifying two existing
service bays in Building "D" with steel framing and three full -height drywall partitions;
doors, windows and HVAC including makeup -air ducts, roof -mounted duct inlets, and
roof -mounted exhaust fans; a methane -leak detection system including roof -mounted
detectors, control panels, and annunciators required for servicing CNG vehicles.
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: $195,434.00
Actual cost of bid items constructed: $195,434.00
Change Orders $13,150.22
Final contract cost: $208,584.22
The two change orders in the amount of $13,150.22 were approved for adding a new
door, relocating a door framing, modifying an overhead lighting, re -working the electrical
connection per field condition, upgrading 2 oil -hose reels, and sealing the top of interior
walls at roof.
The contractor was allowed an additional 45 working days to complete the additional
work described above. A summary of the project schedule is as follows:
Estimated Completion Date per 2010 Baseline Schedule:
Project Awarded for Construction:
Completion Date per the Contract & Approved Extensions:
Actual Substantial Construction Completion Date:
November 12, 2010
September 14, 2010
March 22, 2011
March 22, 2011
2
Corporation Yard Fleet Shop CNG Modification Project - Completion and Acceptance of
Contract No. 4315
June 14, 2011
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ("CEQA") pursuant to Section 15301 Class 1(a), of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item). In addition, the Notice Inviting
Bids was advertised in the city's official publication and in construction industry
publications.
Submitted by:
Ste hen/,G<Badum
pic r' orks Director
Attachments: Project Location Map
3
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
PROJECT LOCATION MAP
(592 Superior Avenue, Newport Beach, CA)
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
COUNCIL
)AT BEACH
jAN 1- 1 20111
Agenda Item No. 14
January 11, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Frank Tran, Associate Civil Engineer
949-644-3340 or FTran@NewportBeachCa.gov
SUBJECT: CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315 - BUDGET AMENDMENT FOR CONSTRUCTION
SUPPORT SERVICES
ISSUE
In order to address construction issues, staff is requesting the approval of a budget
amendment for construction support services for the Corporation Yard Fleet Shop CNG
Modification Project ("Project").
RECOMMENDATION
Approve Budget Amendment No. 11 BA- appropriating $20,000.00 from the
unappropriated AQMD Fund Balance, 290-3605, to Account No. 7290-C8002014.
ISCUSSION
On September 14, 2010, City Council awarded a contract to Anderson Air Conditioning,
L.P. in the amount of $195,434 for this project. The work necessary to complete this
contract consists of modifying two existing service bays in Building "D" with three steel
framing, full -height drywall partitions, doors, windows and HVAC including makeup -air
ducts, roof -mounted duct inlets, and roof -mounted exhaust fans. This contract also
involves installing a methane -leak detection system with roof -mounted detectors, control
panels, and annunciators required for servicing CNG vehicles.
CNG facilities are relatively specialized and complex. Therefore, staff recommends
approving a budget amendment in order to process a Professional Services Agreement
(PSA) with Fuel Solutions, Inc. to provide construction support services which includes
answering requests for information, reviewing shop drawing submittals, and developing
necessary modifications to the construction drawings. The City entered into a separate
PSA with Fuel Solutions Inc. on December 8, 2009 to complete the design of this
project. This PSA did not include construction support services and has since expired.
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
PROJECT LOCATION MAP
(592 Superior Avenue, Newport Beach, CA)
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June 15, 2011
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
RE: Notice of Completions for the following projects:
• Corporation Yard Fleet Shop CNG Modification Porject — C-4315
• Energy Efficient Streetlight Improvement Project — C-4232
Please record the enclosed documents and return them to the City Clerk's Office.
Thank you.
Sincer y,
uvVW
Leilani I. Brown, MMC
City Clerk
Enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach.ca.us
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and Anderson Air Conditioninq LP,
Fullerton, California, as Contractor, entered into a Contract on October 12, 2010. Said
Contract set forth certain improvements, as follows:
Corporation Yard Fleet Shop CNG Modification Project — C-4315
Work on said Contract was completed, and was found to be acceptable on
June 14, 2011, by the City Council. Title to said property is vested in the Owner, and the
Surety for said Contract is Federal Insurance Company.
VI
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. lmid
Executed ond51 �� , at Newport Beach, California.
BY C4swp,
City Clerk k
O C
1
CITY CLERK
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach, CA 92663
until 10:00AM on the 2e day of August, 2010,
at which time such bids shall be opened and read for
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
Title of Project
Contract No. 4315
$200,000
Engineer's Estimate
by
Stephen G. Badum
ublic Works Director
A non - mandatory pre -bid m6eting will take place at 10:OOAM on August 19, 2010, at the
City of Newport Beach, General Services Department, located at 592 Superior Avenue,
Newport Beach, CA 92663
Prospective bidders may obtain one set of bid documents for $20
at the office of the Public Works Department,
3300 Newport Boulevard, Newport Beach, CA 92663
Contractor License Classification(s) required for this project: `B"
For further information, call Frank Tran, Project Manager at (949) 6443340
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://www.NewportBeachCA.gov
CLICK: Online Services /Bidding & Bid Results
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
TABLE OF CONTENTS
NOTICE INVITING BIDS .......................................................... ............................... Cover
INSTRUCTIONS TO BIDDERS ......................................................... ..............................3
BIDDER'S BOND .............................................................................. ..............................5
DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9
CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15
ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................17
INFORMATION REQUIRED OF BIDDER ........................................ .............................18
NOTICE TO SUCCESSFUL BIDDER ............................................... .............................21
CONTRACT.................................................................................... ............................... 22
FAITHFUL PERFORMANCE BOND ................................................ .............................29
LABOR AND MATERIALS PAYMENT BOND .................................. .............................33
PROPOSAL................................................................................ ............................... PR -1
SPECIALPROVISIONS ............................................................. ............................... SP -1
2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
INSTRUCTIONS TO BIDDERS
A non - mandatory pre -bid meeting will take place at 10:00AM on August 26, 2010 at the
City of Newport Beach, General Services Department, located at 592 Superior Avenue,
Newport Beach, CA 92663
2. Each bidder shall list ALL public agency projects that the bidder worked for in the past 2 years
in the TECHNICAL ABILITY AND EXPERIENCE REFERENCES.
3. The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO
BID OPENING DATE (f any)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL
4. 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.
5. 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.
6. 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.
7. In the event of discrepancy between wording and figures, bid wording shall prevail over bid
price.
8. 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
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
894408, C20, B-& C10
Contractor's License No. & Classification
Anderson Air Conditioning, L.P.
Bidder
Authorized Signature/Ti (Mitch Haynam)
(Vice President & General Manager)
August 24, 2010
Date
51
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORiPORATiOIN YARD FLEET SHOP CNG MODIFVCATION PROJECT
CONTRACT NO. 4315
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 Amount Bid
Dollars ($ 1 fly ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT, Contract No. 4315 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 25th day of August , 2010.
Anderson Air Conditionins LP
Name of Contractor (Principal)
Federal Insurance Company
Name of Surety
15 Mountain View Road
Warren, NJ 07059
Address of Surety
908-903-3467
Telephone
Print Name and Title
(Notary acknowledgment of both Principal & Surety must be attached)
5
n -Fact
ACKNOWLEDGMENT
CI a 0 a 0 0 0 a e e e e 6 e e 0 a e a a a a a 0 a a a c C o C a a 0 c a a a- e a a a 0 a B a a B e e a e a e a e a a 0 a 0 a a 0 a a 0 0 a 0 c a a 0 C a B e
State of California
County of d t ss. _l
before me,�t
On `2 L5 '" I l J
l; sonall a eared
Notary
Pub Ic, per y pp I ,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. ft
MELISSA R. STEWART
Commission # 1804351
WITNESS my hand and official seal. i Notary Public - California €�
Orange County
My Comm. Expires Jun 26, 2012
Signature (seal)
a a a v a a a a a 0 a a a a a 0 a a a v a a 0 a a a a a a a O e e a a a a a a a e a 0 a e e v a a a a B a a a a a 0 0 0 o a a a e a a a a 0 o a a a 0 a a a,
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
2— -IG Thumbprint of Signer
0
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
7S7 President / Vice -President / Secretary / Treasurer
Other
Other Information:
1.1
0
Check here if
no thumbprint
or fingerprint
is available.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State law
and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following subcontractors
have been used in formulating the bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with State law. No changes may be
made in these subcontractors except with prior approval of the City of Newport Beach. (Use
additional sheets if needed.)
Subcontractor's Information
Bid Item
Description of Work
% of
Number
Total Bid
Name:Hartmanaire
Address: 139 Adwick Street
Coroan, CA. 92881
Phone: (951) 737-1876
State License Number: 534647
2
Air Balance
.6%
Name:
Address:
Phone:
State License Number:
Name:
Address:
Phone:
State License Number:
Anderson Air Conditioning, L.P.
8 (M tch Haynam)
(Vice President & General Manager)
Bidder Authorized Signature/Title
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidders Name Anderson Air Conditioning, L.P.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $15,000, provide the following information:
No. 1
Project Name/Number Metropolitian Transit Authority Job // 09J147
Project Description Installed_ multiply units, controls, dampers, ductwork & grilles.
Approximate Construction Dates: From 04/28/09 To: 08/04/09
Agency Name EFS west
Contact Person Glen Sheaf fer Telephone (818) 267-2400
Original Contract Amount $523,072 Final Contract Amount $ 522, 722.
If final amount is different from original, please explain (change orders, extra work, etc.)
Fabricated materials to customers 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.
A
No. 2
Project Name/Number OCTA Irvine Sand Canyon Base, Job # 8J202
Project Description Provided & Installed (5) Heaters.
Approximate Construction Dates: From 07/21/08 _ To: 04/23/09
Agency Name Amtek Construction
Contact Person Steve Hunter Telephone (714) 335-1285
Original Contract Amount $ 346,000 Final Contract Amount $ 351, 775 .
If final amount is different from original, please explain (change orders, extra work, etc.)
Fabricated materials and also added units to customers 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.
No. 3
Project Name/Number San Bernardino Maintenance Yard. Job # 09J212.
Project Description Installed (4) exhaust fans, (1) supply fan & (25) heaters.
Approximate Construction Dates: From 09/21/09 To: 03/12/10
Agency Name EFS West
Contact Person Glen Sheaffer Telephone (81t 267-2400
Original Contract Amount $ 196,022 Final Contract Amount $ 194, 460.
If final amount is different from original, please explain (change orders, extra work, etc.)
Customer changed size of a/c units and also the placement of units
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.
lire]
No. 4
Project Name/Number Oscar De La Hoya High School/Green Dot Public Schools, Job# 08J248
Project Description Installed multiply units, controls, ductwork, dampers & grilles.
Approximate Construction Dates: From 08/05/08 To: 09/12/09
Agency Name Howard S. Wright Construction Co
Contact Person Steve Toal Telephone (949) 233-9301
Original Contract Amount $ 1,509 ,10oal Contract Amount $ 1,554,838.
If final amount is different from original, please explain (change orders, extra work, etc.)
Fabricated materials & expanded job duties per customer instructions
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 Santa Ana College, Job// 09J108.
Project Description _Installed (7) exhaust fans & (1) exhaust systems.
Approximate Construction Dates: From 02/28/09 To: 04/26/09
Agency Name Rancho Santiago Community College District
Contact Person Bob Brown/Alfonso Almos Telephone (714) 480-7513
Original Contract Amount $ 327 , 400 Final Contract Amount $ 327,400.
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No.
11
No. 6
Project Name/Number Ontario Equipping Wells, Job// 8J210
Project Description Multiply sites with multiply units, controls, ductwork & grilles.
Approximate Construction Dates: From 08/29-08 To:_ 10/12/09
Agency Name Pacific Hydrotech
Contact Person Sean Finnegan Telephone (95) 943-8803
Original Contract Amount $280,944. Final Contract Amount $ 280,944.
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No.
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.
Anderson Air Conditioning, L.P.
Bidder Authorized Si atureffitle (Mitch Haynam)
(Vice President & General Manager)
12
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AMS AMERICA, INC., ITS GENERAL PARTNER
ANDERSON AIR CONDITIONING, LP
2100 E. Walnut Avenue, Fullerton, CA. 92831-4910 (714) 888-6800 FAX: (714) 888-2697
Terrence Bixby
2100 E. Walnut Avenue
Fullerton, CA. 92831-4910
tbixbvO.amsofusa.com
Military back ground:
Currently in the Navy Reserves with 25 years of service. Rank is E8 (Builder Senior Chief) My current
position is the Home Port Liaison and the Family Readiness Officer for my Battalion (NMCB17). At the
Detachment (Moreno Valley) I am the senior enlisted advisor. I train the junior officers and insure all the
detachment personnel getting the right training and are taken care of. I deployed in 2005 where I worked
as Operation Chief and I was the LPO (Leading Petty Officer) for a 6 man contact monitoring team where
we check Iraqi contractor work and authorized their payments.
Civilian back ground:
I have worked for Anderson A/C an AMS Co. for 18 years. My current position with the company is Field
Supervisor & Installation Manager for the Installation Dept. I supervise 18 employees and am responsible
for the end produce. I also am the RME for my company C10 License.
Certifications:
License from the State of California B General Contractor, C10 Electrical, C20 HVAC Certified General
Electrician from Division of Apprenticeship Standards State of CA. Los Angeles Refinery Safety Overview
and my OSCA Card
TWIC card for working at the ship yards
EPA card for refrigerants (Universal)
OSHA 10 Hour card.
Skills:
Plumbing fitting copper, black iron, PVC, CPVC, ABS
Duct work both rectangular and round coated as well as stainless and galvanized.
Concrete stairs and slabs forming, placing and finishing
Faming wood and metal studs and structural framing for equipment
Brazing copper for refrigerant systems and water systems
Controls including building control panels
Roofing torch down and shingles
Interior finish drywall, texture, case and base
Set plumbing fixtures
Electrical rough, and finish EMT, Sch 80, Rigid and worked from gutter systems
Install lighting fixtures
Start-up HVAC equipment
Reference available upon request:
Than ou,
Terrence Bixby
Installation Supervisor
cc: file
C:\forms\aac logo
M
� \PLANNING • DESIGN • CONSTRUCTION
r / 27525 Newhall Ranch Road Bldg 9, Valencia, CA 91355
July 20, 2010
Mr. Mitch Haynam
AMS/Anderson Air Conditioning LLP
1872 N. Case Street
Orange, CA
Subject: Proposal for City of Newport Beach CNG Modification, Contract No. 4315
Dear Mitch:
EFS West is pleased to submit this bid to Anderson Air for the City of Newport Beach
Corporate Yard Fleet Shop CNG Modifications. Our bid price includes the following scope
of work:
• Install all electrical conduit and power wire per plans (Methane equipment, wiring for
methane equip. and commissioning by RMS)
• Construct 100' 16 gauge x 8" stud wall to ceiling, 16" O.C., including 4 14"x8" duct
openings
• Fabricate and install structural steel supports for exhaust fans, make up air unit and
and wall supports, including all necessary welding
• Materials and labor to paint new wall including 1 coat primer and 2 coats paint
• Provide materials and labor to install (3) 3'x6"x7' hollow metal doors, frames and
hardware
EFS West's bid price for this scope of work is $124,650. As discussed with Glen, we have
not included RMS' quote for the methane equipment in our pricing and they should be
included on AMS' subcontractor list as a direct supplier. Our price also does not include the
cost for a bond. Please add 2%, if a bond is required.
Let me know if you need anything else. We look forward to working with AMS on this
project, should our team be the successful bidder.
Sincerely,
EFS West
Art Babcock, V.P.
818.267.2400 • fax 818-786-5440
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of Orange )
Mitch Haynam , being first duly sworn, deposes and says that he or she is
Vice_President & General Manager of Anderson Air Conditioning, L•Pthe party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State f Calif% nia that the- regoing is true and correct.
Anderson Air Conditioning, L.P.
Bidder Authorized Signatur itle (Mitch Haynam)
(Vice President & General Manager)
Subscribed and sworn to (or affirmed) before me on this 24thday of August , 2010
by Mitch Haynam , personally known to me or proved to me on
the basis of satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws `of the State of California that the
foregoing paragraph is true and correct. �
[SEAL]
13
Notary Public
My
ssa R. Stewart
mission Expires: June 26, 2012
CALIFORNIA JURAT WITH AFFIANT STATEMENT
N.See Attached Document (Notary to cross out lines 1-6 below)
n See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary)
Signature of Document Signer No. 1
State of California
County of
MELISSA R. STEWART
Commission # 1804351
•-d Notary Public - California
Orange County
My Comm. Expires Jun 26, 2012
Place Notary Seal and/or Stamp Above
Signature of Document Signer No. 2 (if any)
Subscribed and sworn to (or affirmed) before me
on this � day of � , 20�,
by Date Mon Year
(1) YY� �y.✓� ►nc� wt
Name of Signer
proved to me on the basis of satisfactory evidence
to be the person who appeared before me (.) (,)
(and
(2)
Name of Signer
proved to me on the basis of satisfactory evidence
to be the person who appeared before me.)
Signature ft�, KD6?i
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valu- Top of thumb here Top of thumb here
able to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Further Description of Any Attached Document
Title or Type of Document: l VO'^ -x.,01lu S) w\ 1 \\ f-\ j 6'� V
Document Date: `1 t Number of Pages: i
Signer(s) Other Than Named Above:
0 2009 National Notary Association - NationalNotary.org - NNA Members -Only Hotline 1-888-876-0827 Item #5910
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
DESIGNATION OF SURETIES
Bidders name Anderson Air Conditioning, L.P.
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):
Bonds: Michael Youngblut and Joanne Dove
Hess, Egan, Hagerty & L'Hommedieu, A division of M&T Insurance Agency, Inc.
5530 Wisconsin Ave. Suite# 620, Chevy Chase Maryland 20815 (301) 634-3993.
Certificates of Liability Insurance: Vanessa Luby or Chris Lathrop
Hess, Egan, Hagerty & L'Hommedieu A Division of M&T Insurance Agency, Inc.
41 University Dr., Suite/ 405, Newtown, PA 18940, (215) 504-1215.
14
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidders Name Anderson Air Conditioning, L.P.
Record Last Five (5) Full Years
Current Year of Record
1aLIVI I lcyuilcu iui mese 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
Year of
Record
2010
Record
for
2009
Record
for
2008
Record
for
2007
Record
for
2006
Record
for
2005
Total
No. of contracts
Total dollar
164
280
441
452
467
398
2,202
Amount of
Contracts (in
Thousands of $)
2,796.
12,117.
14,509.
11,280.
11,924.
10,167.
62,793.
No. of fatalities
No. of lost
0
0
Workday Cases
0
0
2
4
7
2
15
No. of lost
workday cases
involving
permanent
transfer to
another job or
termination of
employment
0
0
0
0
1aLIVI I lcyuilcu iui mese items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Legal Business Name of Bidder Anderson Air Conditioning, L.P.
Business Address: 2100 E. walnut Ave., Fullerton CA 92831-4910
Business Tel. No.: (714) 888-6800
State Contractor's License No. and
Classification: 894408, C20, B & C1o.
Title Vice President & General Manager
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.
By: AMS AmeXica, Inc., General Partner
Signature of
bidder (Mitchell J. Ha nam
Date 08/24/2010
Title Vice President & General Manager.
Signature of AMSC i elaware Company
bidder a Charles S. Knight)
Date 08/24/2010
Title
Signature of
bidder
Date
Title Limited Partner
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.
f NOTARY ACKNOWLEDGMENT MUST BE ATTACHEDI
16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California D
County of Y' non a _
On 'Z.y—`II Q) before me,_ jklfjc} 1 AZt1 LAV 1\C
Date /�,� i Here Insert Name and Title of the Officer
personally appeared �' I 1 1.�` 1 111�1w)Qq M
Name(s) Signers)
MELISSA R. STEWART
Commission # 1804351
;- Notary Public - California €
Orange County
My Comm. Expires Jun 26, 2012
Place Notary Seal Above
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.
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 l 1.&�� V_S tL Ia
Signature of Notary Public
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document 11
Title or Type of Document: [)k LA 3
Document Date: 1?_> - z, -A- \ c-) Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:miTC,zk`-75-`
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Signer Is Representing:
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❑ Corporate Officer — Title(s):
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❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
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19 zuua National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of - 0 f: (aVF
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Date Here Insert Name a d Title of the O ' r
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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
MELISSA R. STEWART person(s), or the entity upon behalf of which the
• Commission # 1804351 person(s) acted, executed the instrument.
$ ;�+F� . , Notary Public - California 2
i zOrange CountyI certif under PENALTY OF PERJURY under the
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laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: r�1 ',).��1ZnJb
Place Notary Seal Above Signature of Notary Public
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: P--ZA —•
Signer(s) Other Than Named Above: YV
Capacity(ies) ((Claimed by Signer(s)
Signer's Name:`
V— Corporate Officer — Title(s): V .a �
❑ Individual
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
V zuuy National Notary Association - NationalNotary.org - 1 -800 -US NOTARY (1-800-876.6827) Item #5907
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❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
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Number of Pages:
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❑ Corporate Officer — Title(s):
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❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
V zuuy National Notary Association - NationalNotary.org - 1 -800 -US NOTARY (1-800-876.6827) Item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
OnC before me,M, j6E4l�C�-, t)rA7&Li. Vk kQ � C.
Date _ Here Insert Name and Title of e O r
personally appeared � L�Q,�� ,\7,11. V\aV1n
Name) of Signer(s)
MELISSA R. STEWART
commission # 1804351
.-a Notary Public - California zzD
Orange County
My Comm. Expires Jun 26, 2012
Place Notary Seal Above
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.
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 l �/�-
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ` U)�-
Document Date: 'IrS, --&%-1
�- y .3i ,;-
Signer(s) Other Than Named Above: 1\1' Y'r
Capacity(ies) Claimed 1by ner
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❑ Corporate Officer— Title(s):
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❑ Attorney in Fact,,
❑ Trustee
❑ Guardian or Conservator
❑ Other: `\
Signer Is Representing:
Number of Pages:
❑ Corporate Officer — Title(s):
❑ Individual M.
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
V 2009 National Notary Association • NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
ACKNOWLEDGEMENT OF ADDENDA
Bidders name Anderson Air Conditioning, L.P.
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
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: Anderson Air Conditioning, L.P.
Business Address: 2100 E. Walnut Ave., Fullerton, CA. 92831-4910.
Telephone and Fax Number: PH: (714) 888-6800 FX: (714) 888-2697.
California State Contractor's License No. and Class: 894408, C20, B & C10.
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 04/13/2007 Expiration Date: 04/30/2011.
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:
Mitch Ha nam, Vice President & General Manager.
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
Please see attached.
Corporation organized under the laws of the State of California.
in
t r il• imM
AMS AMERICA, INC., ITS GENERAL PARTNER
ANDERSON AIR CONDITIONING, LP
2100 E. Walnut Avenue, Fullerton, CA. 92831-4910 (714) 888-6800 FAX: (714) 888-2697
August 24, 2010
ANDERSON AIR CONDITIONING, L.P. ENTITY'S EXPERIENCE AND QUALIFICATIONS.
To Whom it May Concern: Anderson Air Conditioning, L.P. has been doing business for 41 years as Anderson Air
Conditioning. We've worked as s subcontractor for 41 years and contractor for 31 years in southern California. We
currently have 56 employees. We install Commercial and Industrial air conditioning and heating units. We do service
and maintenance on air conditioning and heating units as well. We take pride in our work and our history with school
districts in southern California. Our California contractors state license number is 894408, exp 04/30/2011 and our
qualifications are C20, B & c10
SUBJECT: CORPORATE OFFICERS PARTNERS, PROPRIETOR, OWNERS AND KEY PERSONNEL.
Corporate Offices & Partners:
Edward M. Dunn — President
David Schellhardt — Vice President
Todd A. Beck — Vice President & Secretary
Mitch J. Haynam — Vice President & General Manager
Patricia Hilton — Treasurer
Charles S. Knight — Vice President
Grant Lohr — Vice President
AMS America, Inc.
13300 Mid Atlantic Blvd.
Laurel MD 20708
Phone: (301) 206-5070
Owners & Proprietor:
AMS America, Inc. (General Partner) (5%)
Anderson Air Holding Company, L.L.C. (95%)
Key Personnel:
Mitch J. Haynam — Vice President & General Manager
Mike Lepak — Sales Manager — Territory Manager
Terrence Bixby — Installation Manager
Steve Pharis — Project Manager
Wes Dittman — Service Manager
Melissa R. Stewart—Accounting & Office Manager
Mike Aldrete — Purchasing Manager
Please contact Mitch Haynam if you have any questions.
Sincerely yours,
Mi ch�m, Vice Presiden & General Manager
Anderson Air Conditioning, L.P.
AMS America, Inc.
Its General Partner
cc: file
C:\forms\aac logo
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:
Anderson Air Conditioning, L.P.
AMS America, Inc (it's General Partner)
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
None.
Briefly summarize the parties' claims and defenses;
None.
Have you ever had a contract terminated by the owner/agency? If so, explain.
No.
Have you ever failed to complete a project? If so, explain.
No.
For any projects you have been involved with in the last 5 years, did you have any
claims or actions by any outside agency or individual for labor compliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No
Are any claims or actions unresolved or outstanding? Yes / No
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.
Anderson Air Conditioning, L.P.
Bidder
Mitch Haynam
(Print name of Owner or President
of Corporation/C mpany)
Authorized Sig ure/Title
Vice President & General Manager
Title
August 24, 2010
Date
On August 24, 2010 before me, Melissa R. Stewart Notary Public, personally
appeared Mitch Ha nam 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.
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.
MELISSA R. STEWART
(SEAL) Commission # 1804351
Notary Public in and for said State Notary Public • California
(Melissa R. Stewart) Orange County
My Comm. Expires Jun 26, 2012
My Commission Expires: June 26, 2012.
20
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
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
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
THIS CONTRACT entered into this ]I.-- day of 1[171—, 2010, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and Anderson Air Conditioning, LP, a California Limited
Parrnership, hereinafter "Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
The work necessary for the completion of this contract generally consists of providing,
installing and constructing the following items, and as otherwise specified in project
drawings C -4315 and specification section 13850:
1. Three full- height partition walls to enclose two repair bays at Building D,
including steel framing and drywall.
2. Doors and windows in walls
3. HVAC work including makeup -air ducts and registers inside two of the new
walls, roof - mounted duct inlets, and (4) roof - mounted exhaust fans
4. Methane -leak detection system including roof - mounted detectors, control
panel and annunciators
Electrical wiring for power and controls of above - listed systems.
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. 4315, Standard Specifications for
Public Works Construction (current adopted edition and all supplements) and this Contract,
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.
22
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 fumished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City, which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
C. COMPENSATION As full compensation for the performance and completion of the
Project as required by the Contract Documents, City shall pay to Contractor and Contractor
accepts as full payment the sum of One Hundred Ninety -Five Thousand, Four Hundred
Thirty -Four and 001100 Dollars ($195,434.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of
the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall submit
to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Tort Claims Act (Government Code 900 et seq.).
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
PO Box 1768
Attention: Frank Tran
(949)644 -3340
Anderson Air Conditioning, LP
2100 E. Walnut Avenue
Fullerton, CA 92831 -4910
714 -888 -6800
714 -888 -2697 Fax
F. INSURANCE Without limiting Contractor's indemnification of City, and rip or to
commencement of work. Contractor shall obtain, provide and maintain at its own
expense during the term of this Contract, a policy or policies of liability insurance of the
type and amounts described below and in a form satisfactory to City.
23
1. Coverage and Limit Requirements.
a. Workers' Compensation. Contractor shall maintain Workers' Compensation
Insurance providing statutory benefits and employer's liability insurance with
limits of at least one million dollars ($1,000,000) each type for Contractor's
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. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive all
rights of subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers. Contractor shall submit to City, along with
the required certificate of insurance, a copy of such waiver of subrogation
endorsement.
b. General Liability. Contractor shall maintain commercial general liability insurance
in an amount not less than one million dollars ($1,000,000) per occurrence, two
million dollars ($2,000,000) General Aggregate and two million dollars
($2,000,000) Products and Completed Operations Aggregate for bodily injury,
personal injury, and property damage, including without limitation, blanket
contractual liability. Coverage shall be at least as broad as that provided by
Insurance Services Office form CG 00 01. None of the policies required herein
shall be in compliance with these requirements if they include any limiting
endorsement that has not been first submitted to City and approved in writing.
c. Automobile Liability. 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 Contract, 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 accident.
d. Builders Risk. For Contracts with Construction /Builders Risk property exposures,
Contractor shall maintain Builders Risk insurance or an installation floater as
directed by City, covering damages to the Work for "all risk" or special form
causes of loss with limits equal to one hundred percent (100 %) of the completed
value of contract, with coverage to continue until final acceptance of the Work by
City. At the discretion of City, the requirement for such coverage may include
additional protection for Earthquake and /or Flood. City shall be included as an
insured on such policy, and Contractor shall provide the City with a copy of the
policy.
2. Other Insurance Provisions.
a. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and an
additional insured endorsement for general liability. Insurance certificates and
endorsements must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current evidence
of insurance shall be kept on file with City at all times during the term of this
contract. All of the executed documents referenced in this contract must be
returned within ten (10) working days after the date on the "Notification of
24
Award," so that the City may review and approve all insurance and bond
documentation. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
b. General liability insurance provisions. Primary and excess or umbrella liability
policies are to contain, or be endorsed to contain, the following provisions:
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.
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 shall submit to City a copy of the additional
insured endorsement along with the required certificates of insurance.
ii. Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its elected or appointed officers,
agents, officials, employees and volunteers as respects to all claims,
losses, or liability arising directly or indirectly from the Contractors
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. 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.
c. 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.
d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and
insurers to provide to City with thirty (30) days notice of cancellation (except for
nonpayment for which ten (10) days notice is required) or nonrenewal of
coverage for each required coverage except for builder's risk insurance. The
builder's risk policy will contain or be endorsed to contain a provision providing
for 30 days written notice to City of cancellation or nonrenewal, except for
nonpayment for which ten (10) days notice is required.
e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self -
insured retentions on any portion of the insurance required herein and further
agrees that it will not allow any indemnifying party to self - insure its obligations
to City. If contractor's existing coverage includes a self- insured retention, the
self- insured retention must be declared to City. City may review options with
the contractor, which may include reduction or elimination of the self- insured
retention, substitution of other coverage, or other solutions. Contractor agrees
to be responsible for payment of any deductibles on their policies.
25
f. 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 Contract.
g. Waiver. All insurance coverage maintained or procured pursuant to this
Contract shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers, or shall
specifically allow Contractor or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior to a
loss. Contractor hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its
subcontractors.
Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
Requirements not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage, or a waiver
of any type.
City's Remedies. City shall have the right to order the Contractor to stop Work
under this Contract and /or withhold any payment(s) that become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements of this article. In the alternative, City may purchase the required
coverage and charge Contractor the cost of the premiums or deduct the cost
from Contractor's payments.
k. Coverage not Limited. All insurance coverage and limits provided by contractor
and available or applicable to this Contract are intended to apply to the full
extent of the policies. Nothing contained in this Contract or any other Contract
relating to the city or its operations limits the application of such insurance
coverage.
Coverage Renewal. Contractor will renew the coverage required here annually
as long as Contractor continues to provide any services under this or any other
contract or Contract with the City. Contractor shall provide proof that policies of
insurance required herein expiring during the term of this Contract have been
renewed or replaced with other policies providing at least the same coverage.
Proof that such coverage has been ordered shall be submitted prior to
expiration. A coverage binder or letter from Contractor's insurance agent to this
effect is acceptable. A certificate of insurance and /or additional insured
endorsement as required in these specifications applicable to the renewing or
new coverage must be provided to City within five days of the expiration of the
coverages.
26
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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties') from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims"),
which may arise from or in any manner relate (directly or indirectly) to any breach
of the terms and conditions of this Contract, any work performed or services
provided under this Contract including, without limitation, defects in workmanship
or materials or Contractor's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and/or omissions of Contractor,
its principals, officers, agents, employees, vendors, suppliers, subconsultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose
acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Contract. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable.
The policy limits do not act as a limitation upon the amount of indemnification to be
provided by the Consultant.
4. 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. The rights and obligations set forth in this Article shall survive the termination of
this Contract.
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
MA
be performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
I. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
J. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
the day and year first written above.
ATTEST:
Leilani I. Brown
CI T Y CLERK
APPROVED AS TO FORM:%`4�
qtr �o�r�
Leonie Mulvihill A�
Assistant City Attorneyk -
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Keith D. urry
Mayor
ANDERSON AIR CONDITIONING, LP
C
1fs
By: •
' (Corpo e Officer)
V
Title: ICe
Print Name:"-Jciv�cQ
n
By: /Vv"
�
` " r-^
(Financi fficer)
Title: Ihfe
Print Name:A-(9y(!u) �j ItAC' 0S-0SS0.,,
Please note: Corporations must complete and sign both places above
Even if each office is held by the same individual.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
BOND NO. 8216 -52-51
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1_54
being atthe rateof $ first $1,000,000 ( $;
thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Anderson Air Conditioning, LP, hereinafter designated as the "Principal ", a
contract for construction of CORPORATION YARD FLEET SHOP CNG MODIFICATION
PROJECT, Contract No. 4315 in the City of Newport Beach, in strict conformity with the plans,
drawings, specifications, and other Contract Documents maintained in the Public Works
Department of the City, of Newport Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 4315 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and Federal 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 One Hundred Ninety -Five Thousand, Four Hundred Thirty -Four and
00/100 Dollars ($195,434.00) lawful money of the United States of America, said sum being equal
to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its
successors, and assigns; for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its
officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same,
in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become
null and void.
we
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 teens 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 spec cations.
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 7th day of September , 2010.
Anderson Air Conditioning, LP
(Principal)
Federal Insurance Company
Name of Surety
15 Mountain View Road
Warren, New Jersey 07059
Address of Surety
(908) 903 -3467
Telephone
Michael A. Youngblur, Attorney -In -Pact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
911
i-
ACKNOWLEDGMENT
.............................. ............................... a ...........
......
State of f? g.4tlfMt4t'a Maryland
County of Montgomery ) ss.
On September 7, 2010 before me, Claudia A. Lohaus Notary
Public, personally appeared Michael A. Youncrblut
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.
C. .. f/— Lme�(21ct�r�
Signature
y �p� S-/ 7/ �/ c/ (seal)
..•........_.._.._ .................... ............................... a....... a.......
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
_ Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
_ CEO /CFO /COO
_ President / Vice - President / Secretary / Treasurer
Other:
Other
31
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
...... .... .. ... .................... . ...........
. ..............................i
State of California
County of D in to ss.
On 5r, g efore me Il la >>SS0. IG_ P_i.l[1r, Notary
Public, pe onallyappeared �'r1z1 �4Lwyxxnn
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name($) Is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized cLapacity(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.
• _
MELISSA A. STEWARf
Commission ♦ 1804951 C
Notary Public - California
orange County
My comm. Egires dun 26, 2012
(seal)
.......... ...................................... ..............................I
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
Paper Identification
_ Credible W itness(es)
&) D
Capacity of Signer.
_ Trustee
_ Power of Attorney
CEO /CFO /COO
_ President / Vice- President / Secretary / Treasurer
Other:
Other
32
Thumbprint of Signer
C] Check here if
no thumbprint
or fingerprint
is available.
' i
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
BOND NO. 8216 -52 -51
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion
adopted, has awarded to Anderson Air Conditioning, LP, hereinafter designated as the
"Principal," a contract for construction of CORPORATION YARD FLEET SHOP CNG
MODIFICATION PROJECT, Contract No. 4315 in the City of Newport Beach, in strict conformity
with the plans, drawings, specifications and other Contract Documents in the office of the Public
Works Department of the City of Newport Beach, all of which are incorporated herein by this
reference.
WHEREAS, Principal has executed or is about to execute Contract No. 4315 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,
Federal 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 One Hundred Ninety -Five
Thousand, Four Hundred Thirty-Four and DO/100 Dollars ($195,434.00) lawful money of the
United States of America, said sum being equal to 100% of the estimated amount payable by the
City of Newport Beach under the terms of the Contract; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery
used in, upon, for, or about the performance of the work contracted to be done, or for any other
work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, or for any amounts required to be deducted, withheld and paid
over to the Employment Development Department from the wages of employees of the Principal
and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect
to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum
specked in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a
reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of
the Civil Code of the State of California.
33
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 7th day of September '2010.
Anderson Air Conditioning, LP
(Principal)
Federal Insurance Company
Name of Surety
15 Mountain View Road
Warren, New Jersey 07059
Address of Surety
(908) 903 -3467
Telephone
Michael F Youngbluc, Attorney- In -Facc
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
34
ACKNOWLEDGMENT
............0000 . ..................0.......40.4. ...............0806...........,
State ofaj k64Rax Maryland
County of Montgomery } ss.
On September 7, 2010 before me, Claudia A. Lohaus Notary
Public, personally appeared Michael A. Youngblut
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he /she/they executed the
same in his /her /their authorized capacity(ies), and that by his/her /their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature $% 7�ab914 (seal)
................................................ ...................6..........,
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
_ Trustee
Power of Attorney
CEO /CFO /COO
_ President / Vice - President / Secretary / Treasurer
Other:
Other
35
Thumbprint of Signer
0 Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
................. ............................... ...........mass................
State of California
County of d )SS. c�
On Sc CA . S, 2U1 o before me, 1 \r711S � J 5rK 1 ewar+ Notary
Public, personally appeared YYJ Xkj, \ ImW ✓LgvYl
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 Califom)a that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
.
MELISSA A.STEWART
Commission i 1804351
y Notary Public • California
Orange County
My Comm. Expires Jun 26, 2012
(seal)
............................ ............................... a.......•...........
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
U,
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
_ Trustee
Power of Attorney
CEO /CFO /COO
President / Vice - President / Secretary I Treasurer
Other:
Other
36
Thumbprint of Signer
Check here if
no thumbprint
or fingerprint
is available.
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
tcwues
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint James M. Conley, Eugene P. Dessureau, Stephen W. Freeman, Michele E.H. Blanco, Andrew E. Strand,
Robert E. Walsh, Michael A. Youngblut and John J. Younger of Chevy Chase, Maryland---------------------------- - - - - --
each as their trans and lawful Attorney. In. Fad to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surely
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed In the course of business, and any
instruments amending or altering the same. and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 9th day of March, 2009
L_
Kenneth C. Wendel, Assistant Secretary Dayi orris, Jc, Vice rest at
STATE OF NEW JERSEY
as.
County of Somerset -
On this 9th day of March, 2009 before me. a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the compardes which
executed the foregoing Power of Attorney, and the sold Kenneth C. Wendel, being by me duty swam, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By. Laws of said Companies; and that be signed said Power of Attorney as
Assistant Secretary of said Companies by like authority, and that he is acquainted with David S. Norris, Jr., and knows him to be Vice President of said Companies: and that the
signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By-
Lewis and In deponent's presence.
Notarial Se
e. STEPFlliV & IMAdr
Nerory ill Sh11s of Nim Jwwr
as
-TAR), NM 7821097
a —r Colrnrdtiion Ellpiles Od. 25, 2009
PUBU \O • Notary Public
CERTIFICATION
Extract from the Sy. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman. President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in. Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof, and any such power of attorney or cedificale bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and malted by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached.'
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the - Companies') do hereby certify that
(i) the foregoing extract of the By- Laws of the Companies is We and correct,
(u) the Companies are duly ficensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; fuller, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(61) the foregoing Power of Attorney Is true, comect and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this September 7, 2010
gy L
q/OIANr' Meta Ya4�- /�� G ��'✓
Kenneth C, Wendel, Asse ant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (906) 903- 3493 Fax (908) 903- 3656
e-mail: surety0chubb.com lI
Form 15 -10- 0225B- U (Ed. 5- 03) CONSENT
ACKNOWLEDGMENT
...0 v e. e e e vvo"...0 ...... ... e o. e e.....a..e. v e e e.. P e. e e e e. v v.... a v... v.. a v.. V....
State of 1111l19t'effi Maryland
County of Montgomery 1 ss.
on August 25, 2010 before me, Claudia A. Lohaus Notary
Public, personally appeared Michael A: Youngblut
,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name($) 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/hedtheir 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 that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature - Claudia A. Lohaus
........... .......... .....
v vvve��.eve see sees eveveee. var
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper identification
Paper Identification
Credible Witness(es)
Thumbprint of Signer
❑ check here if
Capacity of Signer. no nrumtpnnt
_ Trustee or rargerprtnl
Power of Attorney Is ayBoame.
CEO /CFO /COO
President/ Vice - President / Secretary ! Treasurer
Other:
Other Informalion:
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
^yX Xea Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint James M. Conley, Eugene P. Dessureau, Stephen W. Freeman, Michele E.H. Blanco, Andrew E. Strand,
Robert E. Walsh, Michael A. Youngblut and John J. Younger of Chevy Chase, Maryland-------- -------------------- --- ---
each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and an their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 9th day of March, 2009
/6 L.
ennelh C. W entlel, Assistant Secretary D, , orris, Jr., Vice resfd nt
STATE OF NEW JERSEY
County of Somerset as.
On this 9th dayof March, 2009 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swum, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By. Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the
signature of David S. Norris, Jr„ subscribed to said Power of Attorney is in the genuine handwriting of David S. Norris, Jr- and was thereto subscribed by authority of said By-
Laws and in deponent's presence.
Notarial Sea
N uat- MIME V EgADT Natory hfo 512 0997 Cott rriftion bores Oct. 25, 2009 Notary Public
CERTIFICATION
Extract from the By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY;
-All powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman. President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certi5cale relating thereto appointing Assistant Secretaries or Attorneys- in. Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof. and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and Facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached"
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the `Companies ") do hereby certify that
(i) the foregoing extract of the By. Laws of the Companies is true and correct,
(ii) the Companies am duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rica and the U.S. Virgin Islands, and Federal is licsnsed in
American Samoa, Guam, and each of the Provinces of Canada except Prune Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this (august 25, 2910
*(0(Q ,`tanaci•�`, Y sy T SM YOwf'•
Kenneth G. Wendel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903. 3493 Fax (908) 903- 3656
e-mail: suretypchubb.com
Form 15 -10- 0225B- U (Ed. 5- 03) CONSENT
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
DESIGNATION OF SUBCONTRACTORIS)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work Substitution of subcontractors shall be made only in accordance with State law
and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following subcontractors
have been used in formulating the bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with State law. No changes may be
made in these subcontractors except with prior approval of the City of Newport Beach. (Use
additional sheets if needed.)
Subcontractor's Information
Bid Item
Description of Work
%of
Number
Total Bid
Name: Accurate Industrial Const.
Address: 580 S. St. College Blvd.
Fullerton, CA. 92831
Phone: (714) 879 -7017
State License Number. 879898
2
Structural Stell Welding.
1%
Name: EFS West
Address: 27525 Newhall Ranch Rd.,
Building #9
Valencia, CA. 91355
Phone:(818) 267 -2400
Electrical, Walls, Framing
State License Number. 826003
2
Painting & Piping.
68%
Name: RMS-Re liable Montoring Servs
Address: 26500 W. Agoura Rd., #102-137
Calabasas, CA. 91302
Phone:(805) 435 -1647
Methane Detection Systems
r�
State License Number: 900304 C' i6
2
1
1.7%
Anderson Air Conditioning, L. P.
8 (Mi ch Raynam
(Vice President & General Manager
have all your rights and duties under this Coverage
Part,
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of yours
which is a legally incorporated entity of which you
own a financial interest of more than 50"/" of the
voting stock on the effective date of the Coverage
Part.
The insurance afforded herein for any subsidiary
not named In this Coverage Part as a named
insured does not apply to injury or damage with
respect to which an Insured under this Coverage
Part is also an Insured under another policy or
would be an insured under such policy but for its
termination or the exhaustion of Its limits of
Insurance..
3. Newly Acquired or Formed Organization
Any organization you newly acquire or form, other than
a partnership, joint venture or limited liability company,
and over which you maintain financial interest�of more
,than 50% or the voting stock, will qualify as a Named
Insured if there is no other similar insurance available
.:to that organization. However:
a. Coverage under this provision is afforded only until
the 180th day after you acquire or form the
organization or the end of the policy period,
whichever Is earlier;
b. Coverage A dose not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B °does not apply to "personal and
advertising Injury' arising out of an offense
committed before you acquired or formed the
organization.
4. Mobile Equipment
With respect to "mobile equipment" registered to your
name under any motor vehicle registration law, any
person is an insured while driving such equipment
along a public highway with your permission. Any other
person or organization responsible for the conduct of
such person is also an insured, but only with respect to
liability arising out of the operation of the equipment,
and only if no other insurance of any kind is available
to that person or organization for this liability. However,
no person or organization is an Insured with respect lo:
a. "Bodily injury" to a ca "employee" of the person
driving the equipment; or
b. "Property damage" to property owned by, rented lo,
in the charge of or occupied by you or the employer
of any person who is an Insured under this
provision.
S. Nonowned Wattromft
With respect to watercraft you do not own that is less
than 51 feet long and Is not being used to tarty
persons for a charge, any person is an Insured while
operating such watercraft with your permission. Any
other person or organization responsible for the
conduct of such person is also an insured, but only
with respect to liability arising out of the operation of
the watercraft, and only if no other insurance of any
kind is available to that person or organization for this
liability.
However, no person or organization Is an insured with
respect to.,
a. "Bodily injury" to a co-"employee" of the person
operating the watercraft: or
b. "Properly damage" to property owned by, rented to,
in the charge of or occupied by you or the employer
of any person who is an insured under this
provision.
S. Addi0ona11nsureds When Required By Written
Contract, Written Agreement Or Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a written
oonlract, written agreement or because of a permit
issued by a state or political subdivision, that such
person or organization be added as an additional
insured on your policy, provided the injury or damage
occurs subsequent to the execution of the contract or
agreement.
A person or organization is an additional Insured under
this provision only for that period of time required by
the contract or agreement.
However, no such person or organization Is an Insured
under this provision if such person or organization is
included as an Insured by an endorsement issued by
us and made a part of this Coverage Part.
a. Vendors
Any person(s) or organlzalion(s) (referred to below
as vendor), but only with respect to "bodily injury"
or "properly damage" arising out of "your products"
which are distributed or sold In the regular course
of the vendor's business and only if this Coverage
Part provides coverage for "bodily injury" or
"property damage included within the "products-
completed operations hazard ".
(1) The Insurance afforded the vendor Is subject to
the following additional exclusions:
This Insurance does not apply to:
(a) "Bodily injury" or "property damage" for
which to vendor is obligated to pay
damages by reason of the assumption of
liability In a contract or agreement. This
exclusion does not apply to liability for
damages that the vendor would have in the
absence of the contract or agreement;.
Page 10 of 18 HG 00 01106 05
(b) Any express warranly unauthorized by you;
(c) Any physical or chemical change in the
Product made intentionally by the vendor;
(d) Repackaging, except when unpacked solely
for the purpose of inspection, demonstration,
testing, or the substitution of parts under
instructions from the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections,
adjustments, tests or servicing as the vendor
has agreed to make or normally undertakes
to make in the usual course of business, in
connection with the distribution or sale of the
products;
(1) Demonstration, installation, servicing or
repair operations, except such operations
performed at the vendor's premises In
connection with the sale of the product;
(g) Products which, after distribution or sale by
you, have been labeled or relabeled or used
as a container, part or ingredient of any
other thing or substance by or for the
vendor; or
(h) "Bodily injury" or "property damage" arising
out of the sola negligence of the vendor for
its own acts or omissions or those of its
employees or anyone else acting on its
behalf. However, this exclusion does not
apply to:
(1) The exceptions contained in Sub-
paragraphs (d) or (f); or
(it) Such inspections, adjustments, tests or
servicing as the vendor has agreed to
make or normally undertakes to make in
the usual course of business. In
connection with the distribution or sale of
the products.
(2) This insurance does not apply to any Insured
Person or organization. from whom you have
acquired such products, or any Ingredient, part
or container, entering into, accompanying or
containing such products.
b. Lessors of Equipment
(1) Any person or organization from whom you
lease equipment; but only with respect to their
liability for ' bodily Injury, "property damage" or
"personal and advertising Injury" caused, In
whole or in part, by your maintenance, operation
or use of equipment leased to you by such.
person or organization.
(2) With respect to the insurance afforded to these
additional insureds this Insurance does not
apply to any "occurrence" which takes place
after the equipment lease expfres.
c. Lessors of Land or Premises
Any person or organization from whom you lease
land or premises, but only with respect to liability
arising out of the ownership, maintenance or use of
that part of the land or premises leased to you,
With respect to the insurance afforded these
additional insureds the following additional
exclusions apply:
This insurance does not apply to:
1. Any "occurrence" which takes place after you
cease to lease that land; or
2. Structural alterations, now construction or
demolition operations performed by or on behalf
of such person or organization.
d. Architects, Engineers or Surveyors
Any architect, engineer, or surveyor, but only with
respect to liability for 'bodily injury', "property
damage" or "personal and advertising Injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
(1) In connection with yourpremises; or
(2) In the performance of your ongoing operations
performed by you or on your behalf.
With respect to the insurance afforded these
additional Insureds, the following additional
exclusion applies:
This insurance does not apply to "bodily Injury",
"property damage" or "personal and advertising
Injury' arising out of the rendering of or the failure to
render any professional services by or for you,
including:
1. The preparing, approving, or failing to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or
drawings and specifications; or
2. Supervisory, inspection, architectural or
engineering activities.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on your
behalf for which the state or political subdivision
has Issued a permit.
With respect to the Insurance afforded these
additional insureds, this insurance does not apply
to:
(1) "Bodily injury', 'property damage" or "personal
and advertising injury" arising out of operations
performed for the slate or municipality; or
(2) "Bodily Injury' or "property damage" Included
within the "products- completed operations
hazard'%
HG 00 0106 05 • Page 11 of 18
L Any Other Party
Any other person or organization who is not an
insured under Paragraphs a. through e. above, but
only with respect to liability for "bodily injury",
"property damage" or 'personal and advertising
injury" caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
(1) In the performance of your ongoing operations;
(2) In connection with your premises.owned by or
rented to you; or
(3) in connection with "your work" and included
within the "products- completed operations
hazard ", but only if
(a) The written contract or agreement requires
you to provide such coverage to such
additional insured; and
(b) This Coverage Part provides coverage for
"bodily Injury" or "property damage" included
within the 'products - completed operations
hazard ".
With respect to the insurance afforded to these
additional insureds, this insurance does not apply
to;
"Bodily injury", "properly damage" or "personal and
advertising injury" arising out of the rendering of. or
the failure to render, any professional arWteclural,
engineering or surveying services, including:
(1) The preparing, approving, or falling to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or
drawings and specifications; or
(2) Supervisory, Inspection, architectural of
engineering activities.
The limits of insurance that apply to additional insureds
under this provision Is described In Section lit - Limits
Of Insuranoa:
How this insurance applies when other insurance is
available to the additional Insured is described in the
Other Insurance Condition In Section IV - Commercial
General Liability Conditions.
No person or organization is an Insured with respect to the
conduct of any current or past partnership, joint venture or
limited liability company that is not shown as a Named
Insured In the Declarations.
SECTION III - LIMITS OP INSURANCE
1. The Most We will Pay
The Limits of Insurance shown in the Declarations and
the rules below fix the most we will pay regardless of
the number of:
a. Insureds;
b. Claims made or "suits" brought: or
c. Persons or organizations making claims or bringing
"suits".
2. General Aggregate.Umit
The General Aggregate Limit is the most we wilt pay
for the sum of.
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because. of 'bodily injury" or "property damage"
included in the "products- compteted operations
hazard "; and
c. Damages under Coverage B.
3. Products- Completed Operations Aggregate Limit
The Products - Completed Operations Aggregate Limit
Is The most we will pay under Coverage A for damages
because of "bodily injury" and "property damage"
included in the products-compieted operations
hazard ".
4. Personal and Advertising Injury Limit
Subject to 2. above, the Personal and Advertising
Injury Limit is the most we will pay under Coverage B
for the sum of all damages because of all "personal
and advertising ln)ury' sustained by any one person or
organization.
5. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the Each
Occurrence Limit is the most we will pay for the sum
of:
a. Damages undo Coverage A; and
b. Medical expenses under Coverage C
because of at; "bodily injury" and property damage"
arising out of any one "occurrence".
6. Damage To Premises Rented To You Limit
Subject to 5. above, the Damage To Premises Rented
To You Limit is the most we will pay under Coverage A
for damages because of "property damage` to any one
premises, while rented to you, or In the case of
damage by fire, lightning or explosion, white rented to
you or temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or explosion,
the Damage to Premises Rented To You Lint applies
to all damage proximately caused by the same event,
whether such damage results from fire, lightning or
explosion or any combination of these.
7. Medical Expense Limit
Subject to 5. above, the Medical Expense Limit is the
most we will pay under Coverage C for all medical
expenses because of "bodily injury' sustained by any
one person.
8. How Limits Apply To Additional Insureds
If you have agreed In a written contract or written
agreement that another person or organization be
Page 12 of is NG 00 *1106 os
added as an additional Insured on your policy, the most
we will pay on behalf of such additional insured is the
lesser oh
a. The limits of insurance specified in the written
contract orwdtlen agreement; or
-b. The Limits of Insurance shown in the Declarations.
Such amount shall be a part of and not in addition to
Limits of Insurance shown in the Declarations and
described in this Section.
The Llmils of Insurance of this 'Coverage Part apply
separatety, to each consecutive annual period and to any
remaining period of less than 12 months, starting With the
beginning of the policy period shown in the Declarations,
unless the policy period is extended after issuance for an
additional period of less than 12 months. in that case, the
additional period will be deemed part of the fast preceding
period for purposes of determining the Limits of Insurance.
SECTION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the Insured or of the
.
insureds estate will not relieve us of our obligations
under this Coverage Part,
2. Duties In The Event Of Occurrence, Offense, Claim
Or Suit
a. Notice Of Occurrence Or Offense
You or any additional Insured must see to it that we
are notified as soon as practicable of an
"occurrence" or an offense which may result In a
claim. To the extent possible, notice should include:
(1) How, when and where the "occurrence" or
offense look place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or damage
arising;out of the "occurrence" or offense.
b. Notice of claim
If a claim is made or "suit" is brought against any
insured, you or any additional insured must:
(1) Immediately record the specifics of the claim or
"suit" and the date received; and
(2) Notify us as soon as practicable.
You or any additional Insured must see to it that we
receive written notice of the Claim or "suit' as soon
as practicable.
c. Assistance And Cooperation Of The Insured
You and any other involved insured must:
(t) Immediately send us copies of any demands,
notices, summonses or legal papers received In
connection with the claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in The investigation or
settlement of the claim or defense against the
"suit"; and
(4) Assist us, upon our request, in the enforcement of
any right against any person or organfzaflon which
may be liable to ft insured because of injury or
damage to which this insurance may also apply.
d. Obligations At The Insureds Own Cost
No insured will, except at that Insured's own cost,
voluntarily make a payment, assume any
obligation, or incur any expense, other than for first
aid, without our consent.
e. Additional Insureds Other Insurance
If we cover a claim or "suit" under this Coverage
Part that may also be covered by other insurance
available to an additional insured, such additional
insured must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to the
extent that you have agreed In a wrlaen contract or
written agreement that this insurance is primary and
non -contribulory with the additional insured's own
Insurance.
F. Knowledge Of An Occurrence, Offense, Claim
Or Suit
Paragraphs a. and b. apply to you or to any
additional insured only when such "occurrence ",
offense, claim or "suit" is known to:
(1) You or any additional insured that is an
Individual;
(2) Any partner, if you or an oddigorral insured is a
partnership;
(3) Any manager, if you or an additional insured is a
limited liability company;
(4) Any "executive officer' or insurance manager, if
you or an additional Insured is a corporation;
(5) Any trustee, if you or an additional Insured is a
trust or
(0) Any elected or appointed official, if you or an
additional Insured is a political subdivision or
public entity.
This duty applies separately to you and any additional
Insured.
3. Legal Action Against Us .
No person or organization has a right under this
Coverage Part:
a. 'to join us as a party or otherwise bring us Into a
"suit" asking for damages from an Insured; or
b. To sue us on this Coverage Part unless all of its
terns have been fully complied with.
A person or organization may sue us to recover on an
agreed settlement or on a final judgment against an
Insured; but we will not be liable for damages that are
not payable under the lerms of this Coverage Part or
HG 00010605 Page 13 offs
that are in excess of the applicable limit of Insurance.
An agreed settlement means a settlement and release
of liability signed by us, the Insured and the claimant or
the claimant's legal representative.
4. Other Insurance
If other valid and collectible insurance is available to
the insured for a loss we cover under Coverages A or
B of this Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance Is primary except when b. below
applies, If other insurance is also primary, we will
Mum-) share with all that other Insurance by the method
described in c, below.
b. Excess Insurance
This insurance is excess over any of the other
Insurance, whether primary, excess, contingent or
on arry other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's Risk,
Installation Risk or similar coverage for "your
wok';
(2) Promises Rented To You
That is Tire, lightning or explosion insurance for
premises rented to you or temporarily occupied
by you with permission of the owner;
(3) Tenant Liability
That Is insurance purchased by you to cover
your liability as a tenant for "property damage"
to premises rented to you or temporarily
occupied by you with permission of the owner;
(4) Aircraft, Auto Or Watercraft
if the loss arises out of the maintenance or use
of aircraft, "autos" or walercraft to the extent not
subject to Exclusion g. of Section f - Coverage
A - Bodily Injury And Property Damage Liability;
(5) Property Damage to Borrowed Equipment Or
Use Of Elevators
If the loss arises cut of "property damage" to
borrowed equipment or the use of elevators to
the extent not subject to Exclusion J. of Section I
- Coverage A- Bodily Injury And Property
Damage Liability;
(6) When You Are Added As An Additional
insured To Other Insurance
Any other Insurance available to you covering
liability for damages arising out of the premises
or operations, or products and completed
operations, for which you have been added as
an additional Insured by that insurance; or
(7) When You Add Others As An Additional
Insured To This Insurance
Any other Insurance available to an additional
insured. .
However, the following provisions apply to other
Insurance available to any person or
organization who is an additional insured under
this coverage part.
(a) Primary Insurance When Required By
Contra{
This Insurance Is primary If you have agreed
in a written contract or written agreement
that this insurance be primary: If other
insurance is also primary, we will share with
all that other insurance by the method
described in c. below.
(b) Primary And Non-Contributory To Other
insurance When Required By Contract
If you have agreed In a written contract,
written agreement, or peril that this
insurance Is primary and non - contributory
with the additional insured's awn insurance,
this insurance is primary and we will not
seek contribution from that other Insurance.
Paragraphs (a) and (b) do not apply to other
insurance to which the additional insured has
been added as an additional insured.
When this Insurance Is excess, we wig have no
duty under Coverages A or B to defend the insured
against any "our If any other insurer has a duty to
defend the insured against that "suit'. If no other
Insurer defends, we will undertake to do so, but we
will be entitled to the Insured's rights against alt
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the amount
of the loss, if any, that exceeds the sum ok
(i) The total amount that all such other insurance
would pay for the loss In the absence of this
insurance; and
(2) The total of all deductible and self - insured
amounts under all that other insurance.
We will share the remaining loss, if any, with any
other insurance that is not described in Ihfs Excess
Insurance provision and was not bought specifically
to apply in excess of the Limits of Insurance shown.
In the Declarations of this Coverage Pad.
c. Method Of Sharing
If all of the otter insurance permits contribution by
equal shares, we will follow this method also. Under
this approach each insurer contributes equal
amounts until It has paid its applicable limit of
insurance or none of the loss remains, whichever
comes first,
- Page 14 of 18 He00010605
If any of the other insurance does net permit
contribution by equal shares, we will contribute by
limits. Under this method, each Insurer's share is b.
based on the ratio of its applicable Limit of
insurance to the total applicable Umfts of insurance
of all Insurers.
S. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as advance
premium is a deposit premium only. At the close of
each audit period we will compute the earned
premium for that period and send notice to the first
Named Insured. The due dale for audit and
retrospective premiums Is the date shown as the
due date on the bill. If the sum of the advance and
audit premiums paid for the poky period is greater
than the earned premium, we will return Ore excess
to the first Named Insured.
a The first Named Insured must keep records of the
Information we need for premium computation, and
send us copies at such times as we may request.
6: Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements In the Declarations are accurate
and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have Issued this policy in reliance upon your
representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fall to disclose all
hazards relating to the conduct of your business
that exist at the inception date of this Coverage
Part, we shall not deny coverage under this
Coverage Part because of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and any
rights or duties specifically assigned In this Coverage
Part to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named
Insured; and
b. Separately to each insured against whom claim is
made or "suit" is brought.
S. Transfer Of Rights Of Recovery Against Others To
Us
a. Transfer of Rights Of Recovery
If the insured has rights to recover all or pan of any
payment, including Supplementary Payments, we
have made under this Coverage Pan, those rights
are transferred to us. The insured must do nothing
after loss to impair them. Al our request, the
Insured will bring "suit" or transfer those rights to us
and help us enforce them.
Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
MM-
if the Insured has waived any rights of recovery
against any person or organization for all or pan of
any payment, including Supplementary Payments,
we have made under this Coverage Pert, we also
waive that right, provided the insured waived their
rights of recovery against such person or
organization in a contract, agreement or permit that
was executed prior to the Injury or damage.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mall or deliver to the first Named Insured drown in the
Declarations written notice of the nomenewal not less
then 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V — DERNIT1ONS
"AdverlisemenP means the widespread public
dissemination of Information or images that has the
purpose of inducing the sale of goods, products or
services through:
a. (1) Radio;
(2) Televisi6;
(3) Billboard;
(4) Magazine;
(s) Newspaper; of
b. Any other publication that Is given widespread
public distribution.
However, "advertisement" does not include:
a. The design, -printed material, Information or images
contained In, on or upon the packaging or labeling
of any goods or products; or
b. An interactive conversatton between or among
persons through a computer network.
2. "Advertising idea" means any Idea for an
"advertisement ".
3. "Asbestos hazard" means an exposure or threat of
exposure to the actual or alleged properties of
asbestos and includes the mere presence of asbestos
in any form.
4. "Auto" means a land motor vehicle, lraller or semitrailer
designed for travel on public roads. Including any
attached machinery or equipment. But "auto" does not
include "mobile equipment ".
5. "Bodily injury' means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, If arising out of the above,
mental anguish of death at any time.
HO 00 01 0605 - Page is of 18
S. 'Coverage territory• means;
a. The United States of America (including its territories
and possessions), Puerto Rico and Canada;
b. Inlemational waters or airspace, but only if the
Injury or damage occurs in the course of travel or
transportation between any places included in a.
above; or
c. All other parts of the world if the injury or damage
arises out of:
(1) Goods or products made or sold by you in the
territory described in a. above;
(2) The activities of a person whose home is in the
territory described in a. above, but is away for a
short time on your business, or
(3) "Personal and advertising injury" offenses that
take place through the Internet or similar
electronic means of communication
provided the Insured's responsibility to pay damages Is
detern' ned in the United States of America (including
its territories and possessions), Puerto Rico or Canada,
In a "suit" on the merits according to the substantive law
1n such territory or in a settlement we agree lo.
7. "Employee" includes a "leased worker. "Employee"
does not include a "temporary worker'.
8. 'Employment-Related Practices" means:
a. Refusal to employ a person;
b. Termination of a person's employment; or
c.. Emptoymenl- related practices, policies, acts or
omissions, such as coercion, demotion, evaluation,
reassignment, discipline, defamation, harassment,
humiliation or discrimination directed at a person.
9. "Executive officer' means a person holding any of the
officer positions created by your charter, constitution,
by -laws or any other similar governing document.
10. "Hostile fire" means one which becomes uncontrollable
or breaks out from where It was intended to be.
11. 6Impaired properly" means tangible property, other
than "your product" or "your work ", that cannot be used
Of is less useful because:
a. It incorporates "your product" or "your work" that is
known or thought to be defective, deficient,
Inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract or
agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or removal of
"your product" or "your work"; or
b. Your fulfilling the terms of the contract or, agreement.
12. "Insured contract" means:
a. A contract for a lease of premises. However, that
portion of the contract for a tease of premises that
Indemnities any person or organization for damage
by fire, lightning or explosion to premises while
rented to you or temporarily occupied by you with
permission of the owner is subject to the Oamage
to Premises Rented To You limit described in
Section 111 - Limits of Insurance;
b. A sidetrack agreement;
c. Any easement or ficense agreement, Including an
easement or license agreement in connection with
construction or demolition operations on or within
So feet of a railroad;
d, An obligation, as required by ordinance, to
indemnify a municipality, except in connection with
work for a municipality;
e. An elevator maintenance agreement;
That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection with
work performed for a municipality) under which you
assume the tort liability of another party to pay for
'bodily Injury" or 'property damage" to a third
person or organization, provided the " bod0y Injury"
or "property damage" is caused, in whole or in pan,
by you or. by those acting on your behalf. Ton
liability means a liability that would be imposed by
law in the absence of any contract or agreement.
Paragraph f. includes That part of any contract or
agreement that Indemnifies a railroad for "bodily
injury" or "property damage" arising out of
construction or damogtion operations, within 50 feet
of any railroad properly and affecting any railroad
bridge or trestle, tracks, roadbeds, tunnel,
underpass or crossing.
However, Paragraph f. dogs not include [hat pen of
any contract or agreement
(1) That indemnities an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or falling to prepare or
approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications; or
(b) Giving directions or instructions, or falling to
give them, If that is the primary cause of the
injury or damage., or
(2) Under which the insured, if an architect, engineer
or surveyor, assumes liability for an injury or
damage arising out of The Insured's rendering or
failure to render professional services, including
those listed in (1) above and supervisory,
inspection, architectural or engineering activities.
13. "Leased worker" means a person leased to you by a
labor leasing firm under an agreement between you
and the labor Teasing firm, to perform duties related to
the conduct of your business. "Leased worker' does
not include a "temporary worker ".
14. 'Loading or untoad rkT means the handling of property:
a. After it Is moved from the place where g Is accepted
for movement into or onto an aircraft, watercraft or
"auto";
Page 16 of 10 HG 00 0106 05
b. While it is in or on an akcraft, watercraft or "auto';
or
C. While it is being moved from an aircraft, watercraft
or 'auto" to the place where it is finally delivered;
but 'loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not attached to
the aircraft, watercraft or "auto".
1S. "Mobile equipment" means any of the following types
of land vehicles, Including any attached machinery or.
equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roars;
b. Vehicles maintained for use solely on or next to
Premises you own or rent;
C, Vehicles that travel on crawler treads;
d.' Vehicles, whether self-propelled or not, maintained
primarily to provide mobility to permanently
mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
e. Vehicles not described in a., b., c. or d. above that
are not self - propelled and are maintained primarily
to provide nobility to permanently attached
equipment of the following types:
(i) Air compressors, pumps and generators,
Including spraying, welding, building cleaning,
geophysical exploration, lighting and well
servicing equipment; or
(2) Cherry pickers and similar devices used to raise
or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than the
transportation of persons or cargo.
However, self - propelled vehicles with the following
types of permanently attached equipment are not
"mobile equipment" but will be considered "autos ":
(1) Equipment, of at least 1,000 pounds gross
vehicle weight, designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or
resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted on
automobile or truck chassis and used to raise or
lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building cleaning,
Qeophysical exploration, lighting and well
servicing equipment.
16. "Occurrence" means an accident, including continuous
or repeated exposure to substantially the same general
harmful conditions.
17. 0Personal and advertising injury' means injury,
Including consequential 'bodily injury', adsing out of
one or more of the following offenses:
a. false arrest, detention or Imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry Into, or
Invasion of the right of private occupancy of a room..
dwelling or premises that, a person occupies,
committed by or on behalf of its owner, landlord or
lessor;
d. Oral, written or electronic publication of material
that slanders or libels a person or organization or
disparages a person's or organization's goods.
products or services;
e. Oral, written or electronic publication of material
that violates a person's right of privacy;
I. Copying, In your "advertisement ", a person's or
organization's "edverlising idea" or style of
"advertisement
g. Infringement of copyright, slogan, or We of any
literary or artistic work, in your "advertisement"; or
h. Discrimination or humiiiallon that results in injury to
the feelings or reputation of a natural person.
18. "Pollutants" mean any solid, liquid, gaseous or thermal
irritant or contaminant, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals and waste. Waste
Includes materials to be recycled, reconditioned or
reclaimed.
19. "Products - completed operations hazard ":
a. includes all "bodily injury" and "property damage"
occurring away from premises you own or rent and
arising out of "your product" or "your work' except:
(1) Products that are still In your physical
possession; or
(2) Work that has not yet been completed or
abandoned. However, 'your work" Will be
deemed completed at the earliest of the
following times:
(a)'When all of the work called for In your
contract has been completed.
(b) When all of the work to be done at the job
site has been completed If your contract calls
for work at more than one job site.
(c) When that part of the work done at a job site
has been put to its intended use by any
person or organization other than another
contractor or subcontractor working on the
same project.
Work that may need service, maintenance,
correction, repair or replacement, but which is
otherwise complete, wig be treated as
completed.
HG 00 01 06 0S Page 17 df 18
b. Does not include 'bodily Injury" or "property
damage" arlsing out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition in or
on a vehicle not owned or operated by you,
and that condition was created by the "loading
or unloading' of that vehicle by any insured;
(2) The existence of tools, uninstalled equipment
or abandoned or unused materials; or
(3) Products or operations for which the
classification, listed in the Declarations or in a
Policy schedule, states that products -
completed operations are subject to the
General Aggregate Limit.
20. "Property damage" means:
a. Physical injury to tangible property, Including all
resulting loss of use of that property. All such loss
Of use shall be deemed to occur at the time of the
Physical injury that caused it; or
b. Loss of use of tangible property that Is not
Physically injured. All such loss of use shalt be
deemed to occur at the time of the "occurrence"
that caused it.
As used In this definition, computerized or
eledronically stored data, programs or software are
not tangible property. Electronic data means
information, facts or programs:
a. Stored as or on;
b. Created or used on; or
C. Transmitted to or from;
computer software, Including systems and
applications software, hard or Poppy disks, CD-
ROMS, tapes, drives, cells, data processing devices
or any other media which are used with electronically
controlled equipment.
21. "Suit' means a civil proceeding in which damages
because of "bodily injury", "property damage" or
"personal and advertising Injury" to which this
insurance applies are alleged. "Suit" Includes:
a. An arbitration proceeding in which such damages
are claimed and to which the insured must submit
or does submit with our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are claimed
and to which the insured submits with our
consent.
22. 'Temporary, worker" means a person who is
furnished to you to substitute for a permanent
"employee on leave or to meet seasonal or short -
term wordoad conditions.
23. 'Volunteer worker" means a person who
a. Is not your'empfoyee ";
b. Donates his or her work;
c. Acts at the direction of and within the scope of
duties determined by you; and
d. Is not petd a fee, salary or other compensation by
you or anyone else for their work performed for
you.
24. "Your product ":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business
or assets you have acquired; and
(2) Containers (other than vehicles), materials,
parts or equipment furnished In connection
with such goods or products.
b. Includes
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of 'your
product "; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not Include vending machines or other
property rented to or located for the use of others
but not sold.
25. "Your work":
a. Means:
(1) Work or operations performed by you or on
your behalf; and
(2) Materials, parts or equipment fumished In
connection with such work or operations.
b. Includes
(1) warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your work",
and
(2) The providing of or failure to provide warnings
or Instnrclions.
Page 1 a of 18 HO 00 0106 05
Waiver of Subrogation, page 4
NAMED INSURED: D.A.C. Acquisition Co., LLC, at al
POLICY NUMBER: 01 WEOC1230
EFFECTIVE DATE: 3/01/2010-3/01/2011
THIS ENDORSEMENT CHANGE&THE POLICY. PLEASE READ IT CAREFULLY,
WORKERS' COMPENSATION BROAD FORM ENDORSEMENT
EXTENDED OPTIONS
RE: ADDITIONAL INSUREDS AS REQUIRED BY WRITTEN CONTRACT.
ADDITIONAL INSUREDS: The City of Newport Reach, l4 elected or appointed onicare, agenta,
officials, amplcyses and wlurnaere are Included as Additional Irhsureds.
Secdon I of this endorsement expands coverage provided under WC 00 00 CO.
Section II of this endorsement provides; additional coverage usuagy qh* provldad by endaraament.
Semen III of this endorsement Is a Schedule of Covered States.
You may use the index to locate these coverage feature$ quloldy:
I
810TION 1
PARIS ONE and TWO
01 WS WNI Also Pay
PART-THREE
02 Now This Insurance Works
PART • SIX
03 Tranaferof Your Rlghta and Outles
04 Canceflawn
06 Liberalization
SECTION II
VOLUNTARY COMPENSATION
INSURANCE
00 VoluntaiyCompenes0onInsurance
A. How This Insurance Applies
S. W®WIII Psy
C. Exciuslone
D. Before We Pay
E. Recovery From Others
F. EmployaW Liability Insurance
EMPLOYERS'. LIABILITY STOP GAP
ENDORSEMENT
07 Employers• Uabigty Stop Dap
Coverage
A. Stop Gap Coverage Limited to
Montana, North Dakots, Ohio,
Washington, West Virginia and
Wyoming
2
2
2
2
2
2
2
2
2
2
2
2
2
3
3
9
9
9
3
TITIM,
0. Part One Does Not Apply
C. AppilosNOn of 00VU811e
D. AddNioOelExclvslons
E. WestmIglnla
EXTENDED OPTIONS
01 Employe a' Liab3lNy Insurance
02 Unintentional Failure to Disclose
Hazards
03 Waiver of Our Right to Recover from
Others
04 Foreign vowntery compensation
A. HOW This Reimbur6ement Appliae
S. We WIN Reimburse
C. MwElslons
0. Before We Pay
E Recovery From Others
F. Relmblasement For Actual Lose
Sustained
0..Repatdaticn
H. ERdem10 DleeasS
05 Longshore and Harbor Workers'
Com pensdon Act Coverage
Endorsement
SECTION III
01 Schedule of Covered Stake
0
Fend WC 00 03 018 P&ted in U.S.A (Ed. RICO) Page 1 of a
0 2000, The Hartford
5
5
5
SECTION 1
PARTS ONE and TWO
1. WE WILL ALSO PAY
D. We Will Also Pay of Part One (WORKERS'
COMPENSATION INSURANCE); and
E. We Will Also Pay of Part Two
(EMPLOYERS' LIABILITY INSURANCE) Is
replaced by the following:
We Will Also Pay
We will also pay these costs, in addition to
other amounts payable under this Insurance,
as part of any claim, proceeding, or suit we
defend:
1. reasonable expenses incurred at our
request, INCLUDING toes of earnings;
2, premiums for bonds to release
attachments and for appeal bonds In
bond amounts up to the hmlt of our
liability under this insurance;
3. lifigallon costs taxed against you;
4. Interest on a judgment as required by
law until we offer the amount due under
this law; and
5. expenses we Incur.
PART T e
2. How This Insurance Applies
Paragraph 4. of A. How This insurance
Applies of Part 3 (Other States Insurance) Is
replaced by the following:
4. If you have work on the effective date of this
policy in any state not listed In Item 3.A_ of
the Information Page, coverage will not be
afforded for that state unless we are notified
within sixty days.
PART SOX
3. Transfer of Your Rights and Duties
C. Transfer Of Your Rights and Duties of
Part 8 (Conditions) Is replaced by the
following:
Your rights or duties under this poltcy may
not be transferred without our written
Consent.
If you die and we receive notice within sbdy
days after your death, we will cover your
legal representative as insured.
4. Cancellation
Paragraph 2. of D, Cancellation of Part 0
(Conditions) is replaced by tie following:
2 We may cancel this policy. We must mail or
deliver to you not leas than 10 days advance
written notice stafing when the cancellation
Is to take effect. Mailing that notice to you at
your mailing address shown In Item 1 of the
information Page will be Suwon( to prove
notice.
ti Liberalization
It we adopt a change in this form that would
broaden the coverage of Ibis form Without extra
charge, the broader coverage will apply to this
policy. it will apply when the change becomes
effective In your state.
SECTION 11
VOLUNTARY COMPENSATION AND
EMPLOYERS' LIABILITY COVERAGE
e, Voluntary Compensation Insurance
A. How This Insurance Appiies
The Insurance applies to bodily Injury by
accident or bodily injury by disease. Bodily
Injury includes resulting death.
1. The bodily Injury must be sustained by
any officer or employee not subject to
the workers' compensation law of any
state shown in Item 3.A. of the
Information Psge.
2. The bodily Injury must arise out of and In
the course of employment or incidental
to work in a state shown in item 3.A. of
the Information Page.
3. The bodily Injury must occur in the
United States of America, its territories
or possessions, or Canada, and may
occur elsewhere if the employee Is a
United States or Canadian citizen, or
otherwise legal resident, and legally
employed, In the United States or
Canada and temporarily away from
those places.
Form WC 99 03 010 Printed in U.S.A. (Ed. 8100) Page 2 of 0
4. Bodily Injury by accident must occur
during the policy period.
6. Bodily Injury by disease must be caused
or aggravated by the conditions of the
of fuses or employee's employment.
The officers or employee's last day of
Fast exposure to the conditions causing
or aggravating such bodily Injury by
disease must occur during the policy
period.
B. We Will Pay
We will pay an amount equal to the benefits
that Would be required of you as if you and
your employees were subject to the workers'
kxrmpertsallan law of any state shown In Item
3.A. of the Information Page. We will pay
those amounts to the persons who would be
entitled to them under the law.
C. Exclusion
This insurance does not cover.
1. any obligation Imposed by workers'
compensation or occupational disease
law or any similar law.
2 bodily Injury Intentionally caused or
aggravated by you.
3. officers or employees who have elected
not to be subject to the state workers'
compensation law.
4. partners or sole proprietors not covered
under the Standard Sale Proprietors,
Partners, Officers and Others Coverage
Endorsement.
D. Before We Pay
Before we pay benefits to the persons
entitled to them, they must
1. Release you and us, in writing, of all
responsibility for the Injury or death.
2. Transfer to us their right to recover from
others who may be responsible for the
injury or death.
3. Cooperate with us and do everything
necessary to enable us to enforce the
right to recover from others.
If the persons entitled to the benefits of this
insurance fall to do those things, our duty to
pay ends at once. If they claim damages
from you or from us.for the Injury or death,
our duty to pay ends at once.
E. Recovery From Others
If we make a recovery from others, we will
keep on amount equal to our expenses of
recovery and the benefits we paid. We will
pay the balance to the persona entitled to it
If the persons entitled to the bensfds of this
Insurance make a recovery from others, they
must reimburse us for the benefits we paid
them.
F. Employers' Liability Insurance
Part Two (Employers' Liability Insurance)
applies to bodily Injury covered by this
endorsement as though the State of
Employment was shown In Item 3.A. of the
Information Page.
This provision 8. does not apply In New Jersey or
Wisconsin.
EMPLOYERS' LIABILITY STOP GAP COVERAGE
7. Employets' Liability Stop Gap Coverage
A. This coverage only applies in Montana,
North Dakota, Ohio, Washington. West
Virginia end Wyoming.
B. Part One (WcdkerV Compensation
Insurance) does not apply to work in slates
shown In Paragraph A above.
C. Part Two (Employers' Liability Insurance)
applies in the states, shown in Paragraph A.,
as though they were shown In Item 3,A. of
the information Page,
D. Part Two, Section C. Exclusions is changed
by adding these exclusions.
This Insurance does not cover;
6, bodily Injury intemionally caused or
aggravated by you or in Ohio bodily
injury resulting from an act which is
determined by an Ohio court of law to
have been committed by you with the
belief than an Injury Is substantially
certain to occur. However, the cost of
defending such calms or suits in Ohio Is
covered.
13, bodily Injury sustained by any member of
the flying crew of any aircraft
14, any claim for bodily injury with respect to
which you are deprived of any defense
or defenses or are otherwise subject to
penalty because of default In premium
under the provisions of the workers'
compensatfort law or laws of a state
shown In Paragraph A.
E. This insurance applies to damages for which
you are liable under West Virginia Cate
Annot S 23 -4-2.
Fort WC 99 03 01 B Printed in U.S.A. (Ed. 8100) Page 3 of 6
EXTENDED OPTIONS
1, Employers' Liability Insurance
4. Foreign Voluntary Compensation and
Item 3.B. of the Information Page is replaced
Employers' Liability Refmbureament
by the following:
A. Now This Reimbursement Applies
B. Employers' Liability lnsuranco:
This reimbursement provision applies to
1. Part Two of the policy applies to work in
bodily Injury by accident or bodily Injury by
each state listed In Item 3.A.
disease. Bodily injury includes resulting
death.
The Umits of Uatdity under Part Two
1.. The bodily Injury must be sustained by
are the higher of:
an officer or employee.
2. The bodily injury must occur In the
Bodily injury
course of employment necessary or
by Accident $500.000 Each Accident
incidental to work In a country not listed
In Exclusion 0.1. of this provision.
Bodily Injury
3. Bodily injury by accident must occur
by Disease $900,000 Policy Limit
during the policypariod.
4. Bodily Injury by disease must be caused
Bodily Injury
or aggravated by the conditions of your
by Disease $500.000 Each Employee
employment. The officer or employee's
last exposure to those conditions of your
OR
employment
must occur during the
policy
period.
2. The amount shown in the Information
B. We Will Reimburse
Paga
We will reirnburas you for all amounts paid
This provision 1 of EXTENDED OPTIONS does
by you whether such amounts are:
not apply in New York because the Limits Of Our
1, voluntary payments for the benefits that
Liability are unlimited.
would be required of you It you and your
In this provision the Omits are changed from
offtcers or employees were subject to
$500,000 to $1,000,000 In Calilomla.
any workers' compensation law of the
2. Unintentional Failure to Disclose Hazards
stabs of hire of the Individual employee.
If you unintentionally should fall to disclose an
2. sums to which Part Two (Employers'
Liability Insurance) would apply If the
existing hazards at the inception date of your
Cody of Employment were shown in
policy, we shall not deny coverage under this
Item 3.A. of the Information Pegs.
policy because of such failure.
3. Waiver of Our Right To Recover From Others
C. Exclusions
A. We have the rtght to reoovar our payments
This insurance does not cover:
from anyone liable for an injury covered by
1. any occurrences in the United States,
this policy. We will not enforce our right
Canada, and any country or jurisdiction
against any person or organization for whom
.Mich Is the subject of trade or
you perform work under a written contract
economic sanctions imposed by the
that requires you to obtain this agreement
laws or regulations of the United States
from us.
of America in affect as of the inception
This agreement shall not operate directly or
date of this policy.
Indirectly to benefit anyone not named in the
2. any obligation imposed by a workers'
agreement.
compensation or occupational disease
B. This provision 3. does not apply in the States
law, or Similar law.
of Pennsylvania and Utah.
3. acridly Injury Intentionally caused or
aggravated by
Form WC 99 03 01 B Printed In U.S.A. (Ed. 5100)
Page 4 of 6
I
i
i
r
4. liability for any consequence, whether
direct or Indirect, of war. Invasion, act of
Foreign enemy, hostilities (whether war
be declared or no. civil war, rebellion,
revolution, Insurrection or military or
usurped power. No endorsement now
or subsequently attached to this policy
shell be construed as overriding or
waiving this limitation unless specifrc
reference Is made thereto.
D. Before We Pay
Before we reimburse you for the benefits to
the persons entitled to them, you must have
them:
1. release you and us, in writ ng, of oil
responsibility for the Injury or death,
2 transfer to us their right to recover from
others who may be responsible for their
Injury or death,
3. cooperate with us and do everything
necessary to enable us to enforce the
right to rawer from others.
If the persons entitled fo the benefits field fail
to do these things, our duty to reimburse
ends at once. If they claim damages from
us for the Injury or death, our duty to
reimburse ends at once.
E. Recovery From Others
If we make a recovery from others, we will
keep an amount equal to our expenses of
recovery and the benefits we reimbursed.
We will pay the balance to the persons
entitled to IL If persons erittted to the
benefits make a recovery from others, they
must repay us for the amounts that we have
reimbursed you.
F. Reimbursement for Actual Loss
Sustained
This endorsement provides only for
reimbursement for the loss you actually
sustain. In order for you to recover toss or
expenses under this reimbursement you
must:
1. actually eusteln and pay the lose or
expense in money after Ural, or
2. secure our consent for the payment of
the foss or expense.
G. Repatriation
Our reimbursement includes the additional
expenses of repatriation to the United States
of America neoessarlly Incurred as a direct
result of bodily Injury.
Our relmbureament shall be limited as
follows:
1. to the amount by which such expenses
exceed the normal cost of returning the
officer or employee If in good health, or
2. in the event of death, to the amount by
which ouch expenses exceed the normal
cost of returning the officer or employee
if a1We and In good health.
In no event shall our reimbursement exceed
the b"ly injury by accident limit shown in
Item 3.8, of the Information Page as
respects any one such officer or employee
whether dead or alive.
H. Endemic Disease
The word "disease' Includes any endemic
diseases.
The coverage applies as If endemic
diseases were Included in the provisions of
the workers' compensation law.
6. Longshore and Harbor Workers'
Compensation Act Coverage
General Section C. Workers' Compensation
Law Is replaced by the following:
C. Workers' Compensation Law
Workers' Compensation Law means the
workers or workers' compensation law and
oocupallonal disease law of each state or
territory named In Item 3.A. of the
Information Page and the Longshore and
Harbor Workers' Compensation Act (33
USC Sections 901 -980). It includes any
amendments to those laws that are in effect
dufing the policy period. It does not Include
any other federal workers or workers'
compensation law, other federal
occupational disease law or the provisions of
any law that provide nonoccupational
disablilly benefits.
Part Two (Employers' Liability insurance), C.
Exclusions, exclusion 8, does not apply to
work subject to the Longshore and Harbor
Workers' Compensation Act.
This coverage (Ices not apply to work
subject to the Defense Base Act, the Outer
Continental Shelf Lands Act, or the
Nonapproprlated Fund InstrumemalifiesAct.
Form WC 90 02 01 B Printed In U.S.A. (Ed. 8100) Page 5 of 6
i
i
SECTION III
1. SCHEDULE OF COVERED STATES
A. This endorsement only appiles In the states
listed In this Schedule of Covered State&
C. Schedule of Covered States:
B. If a state, shown in Item 3A. of the
Information Page, approves this,
endorsement after the effective data of this
policy, this
Theeco amts Wil apply 1 linhthe new 10 this
state on the effective date of the state
approval.
Countersigned by
Authorized Represema0ve
Form WC 99 03 01 B Printed In U.S.A. (Ed. M) . Page 9 of 0
I
i
i
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 09/1012010 Dept. /Contact Received From: Shauna Oyler
Date Completed: 09/10/2010 Sent to: Shauna Oyler By: Michelle Ross
Company /Person required to have certificate:
I. GENERAL LIABILITY
Anderson Air
A. INSURANCE COMPANY: North River Ins. Co.
B. AM BEST RATING (A-; VII or greater): °A "(X111)
C. ADMITTED Company (Must be California Admitted):
® Yes ❑ No
Is Company admitted in California?
® Yes ❑ No
for Waste Haulers):
$1,000,000 with
D. LIMITS (Must be $1 M or greater): What is limit provided?
$20,000,000 Excess
E. PRODUGT &AND- GGMPLETED OPERATIONS{Must
include): Is it Included? (completed Operations status does
n/a
not apply to Waste Haulers)
® Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
notification of cancellation by certified mail; per Lauren Farley, the
its officers, officials, employees and volunteers): Is it
endeavor wording.
included?
® Yes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
II. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: North River Ins. Co
B. AM BEST RATING (A-: VII or greater) "A "(X111)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PO and $500,000 UM, $21VI min
for Waste Haulers):
$1,000,000 plus
What is limits provided?
$20,000,000 Umbrella
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
n/a
Is it included?
❑ Yes ❑ No
F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the
City will accept the
endeavor wording.
Ill. WORKERS' COMPENSATION
A. INSURANCE COMPANY: North River Ins. Co.
B. AM BEST RATING (A-: VII or greater): "A "(X111)
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Michelle Ross 09/10/2010
Agent of Brown & Brown
Broker of record for the City of Newport Beach
❑ Requires approval /exception /waiver by Risk Management B &B initials
Comments:
Approved:
Risk Management
Date
® Yes ❑ No
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
CORPORATION YARD FLEET SHOP CNG MODIFICATION P$OJECT
CONTRACT NO. 4315
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
fumish all materials except that material supplied by the City and shall perform all work required to
complete Contract No. 4315 in accordance with the Plans and Special Provisions, and will take in full
payment therefore the following unit prices for the work, complete in place, to wit:
ITEM QUANTITY, ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
One-Thousand. Eight Hundred Dollars
@ Dollars
and
Zero Cents $ 1,800.00
Per Lump Sum
2. Lump Sum Provide, Install, modify and Construct
Fleet Shop Modification per
Specifications and Plans .
One Hundred, Ninty Two Thousand, One Hundred 6 Thrity Four Dollars
@ Dollars
and
Zero Cents $ 192,134.00
Per Lump Sum
3: Lump Sum Provide As Built Plans
One Thousand, Five Hundred Dollars
@ Dollars
and
Zero Cents $ 1.500.00
Per Lump Sum
PR2of2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
$ 195,434.00
*TOTAL PRICE (Figures)
TOTAL PRICE IN WRITTEN WORDS:
One Hundred, Ninty Five Thousand Four Hundred and Thrity Four Dollars
and Zero Cents
August 24, 2010
Date
PH: (714) 888 -6800 FR: (714) 888 -2697
Bidder's Telephone and Fax Numbers
894408, C20. B & C10.
Bidder's License No. and Classification(s)
mhaynam @amsofusa.com
Bidder's a -Mail Address
Anderson Air Conditionine. L.P.
Bidder
idder's Aut oriz Signature and Title (Mitch
(Vice President & General Manager)
2100 E. Walnut Avenue
Bidder's Address
Fullerton, CA. 92831 -4910
Within seven calendar days after bids are opened, the Contractor shall submit to the
Engineer a "Schedule of Values" for the lump sum construction items listed in this
proposal. The Engineer will use said schedule to calculate monthly progress payments
during the term of construction.
Haynam)
PUBLIC WORKS DEPARTMENT
INDEX FOR
SPECIAL PROVISIONS
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
TIME OF COMPLETION
CONTRACT NO. 4315
General
INTRODUCTION
Working Days
PART 1--- GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
2 -3
SUBCONTRACTS
2 -3.2
Additional Responsibility
2 -6
WORK TO BE DONE
SECTION 3
CHANGES IN WORK
3 -3
EXTRA WORK
3 -3.2
Payment
3 -3.2.3
Markup
SECTION 4
CONTROL OF MATERIALS
4 -1
MATERIALS AND WORKMANSHIP
4 -1.3
Inspection Requirements
4 -1.3.4
Inspection and Testing
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
OF THE WORK
6 -1
CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF THE WORK
6-7
TIME OF COMPLETION
6 -7.1
General
6 -7.2
Working Days
6 -7.4
Working Hours
6 -9
LIQUIDATED DAMAGES
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
7 -10.4
Public Safety
7- 10.4.1
Safety Orders
1
1
1
1
2
2
2
2
2
2
2
2
3
3
3
3
3
4
4
4
4
4
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
PART 2 - -- CONSTRUCTION MATERIALS
SECTION 201
MATERIALS AND EQUIPMENT
201.1
Provide, Construct and Install Construction Materials,
Components and Equipment as specified on the plans
and in Section 13850
PART 3 - -- CONSTRUCTION METHODS
SECTION 300
MODIFICATIONS TO GARAGE
300 -1
GENERAL
300 -1.1
Removal and Disposal of Materials
300 -1.2
Other Requirements
SPECIAL PROVISIONS
SECTION 13850 — NATURAL GAS LEAK DETECTION AND ALARM SYSTEM
5
5
5
5
5
5
6
6
6
6
6
R
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS N�`�c,,.. 21
CONTRACT NO. 4315
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. M- 5408 -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
SECTION 2-- -SCOPE AND CONTROL OF THE WORK
2 -3 SUBCONTRACTS
2 -3.2 Additional Responsibility. Delete the first sentence from the second
paragraph and add "The Contractor shall perform, with its own organization, Contract
work amounting to at least 25 percent of the Contract Price except that any designated
"Specialty Items" may be performed by subcontract and the amount of any such
"Specialty Items" so performed may be deducted from the Contract Price before
computing the amount required to be performed by the Contractor with its own
organization."
2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the
completion of this contract generally consists of providing, installing and constructing
the following items, and as otherwise specified in project Drawing No. M- 5408 -S and
Project Specification Section 13850:
SP2OF6
1. Three full- height partition walls to enclose two repair bays at Building D,
including steel framing and drywall;
2. Doors and windows in walls;
3. HVAC work including makeup -air ducts and registers inside two of the new
walls, roof - mounted duct inlets, and four roof - mounted exhaust fans;
4. Methane -leak detection system including roof - mounted detectors, control
panel and annunciators; and
5. Electrical wiring for power and controls of above - listed systems."
SECTION 3 - -- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 15
2) Materials ........ ............................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall
be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
SECTION 4 - -- CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles 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.
SP3OF6
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
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 60 consecutive working days after the date on the
Notice to Proceed.
The Contractor shall ensure the availability of all material prior to the start of work.
Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time for 100 percent completion of work."
6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st
(New Year's Day), the third Monday in January (Martin Luther King Day), the third
Monday in February (President's Day), the last Monday in May (Memorial Day), July 41h
the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth
Thursday and Friday in November (Thanksgiving and Friday after), December 24"
(Christmas Eve), December 25th (Christmas), and December 31 s` (New Year's Eve). If
January 1st, July 4th, November 11th, December 24th, December 25th or December
31st falls on a Sunday, the following Monday is a holiday. If January 15t, July 4th,
SP4OF6
November 11t' December 24th December 25`h or December 31st 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.
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 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 $123.90 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
$2,000.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $2,000 per day is the minimum
value of the costs and actual damage caused by the failure of the Contractor to
complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations."
SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR
7 -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.
SP50F6
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of the
adequacy of the Contractor's safety measures in, on, or near the construction site."
7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the
Contractor shall possess a "B" License. Electrical work shall be performed by a person who
has "C -10" 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 RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans
and specifications shall be on the job site at all times. In addition, the Contractor shall maintain
"As- Built" drawings of all work as the job progresses. A separate set of drawings shall be
maintained for this purpose. These drawings shall be mto -date and reviewed b the En 'Weer
at the time each progress bill is submitted 6066 e Iffin p`omd Iafi"Ft 4u 666ri
The "As- Built" MAN =arl C 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 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 disposing the removed items and
restoring all existing improvements, to complete the item of work in place in accordance with
the project plans and specifications and no other compensation will be allowed therefore.
Payment for all items of work shall be included in the lump sum prices."
9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization
shall be made in accordance with Section 10264 of the California Public Contract Code."
SP6OF6
PART 2
CONSTRUCTION MATERIALS
SECTION 201 - -- MATERIALS AND EQUIPMENT
201 -1 Provide, construct and install construction materials, components and
equipment as specified on the plans and in Specification Section 13850.
PART 3
CONSTRUCTION METHODS
SECTION 300 - -- MODIFICATIONS TO GARAGE
300 -1 GENERAL
300 -1.1 Removal and Disposal of Materials
Add to this Section: "Removal and disposal of material shall be done by City
approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of
approved haulers can be provided upon request or be found on the City's website at:
http:// www. newportbeachca .gov /generalservices and clicking on refuse, then selecting
the link Franchised Haulers List."
300 -1.2 Other Requirements. Add to this section: "The work shall be done in
accordance with Section 300 -1.3.2 of the Standard Specifications, the project drawings
for C -4315, and specification section 13850 except as modified and supplemented
herein ".
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
will remove any broken concrete, debris or other deleterious material from the job site at
the end of each workday."
The Contractor shall fully comply with the following specifications pertaining to
Project Specification 13850
Which augment, but are not referenced to in these provisions and sections of the Standard
Specifications for Public Works Construction.
SECTION 13850
NATURAL GAS LEAK DETECTION AND ALARM SYSTEM
PART1- GENERAL
1.01 SUMMARY
A. Qualifications: The Contractor shall submit proof of successful completion of projects by the
Contractor or Sub - Contractor involving installation and start-up of gas detection and alarm
systems.
B. The project manual, drawings, and general provisions of the Contract, including without
limitation General and additional terms and Conditions of the Contract, and all other Division
01 specification sections, apply to this section.
C. This Section includes, without limitation, the following: Contractor shall provide, install,
make fully functional and warrant the system to detect natural gas (also described as
"methane" by others) leaks from vehicles inside the repair bays and provide annunciation,
control signals and alarms as specified in this section and related drawings. Required
equipment includes:
1. Point - infrared (IR) natural gas leak sensors;
2. MODBUS data transmitters for leak sensors;
3. Microprocessor -based natural gas detection controller for monitoring leak sensors and
controlling addressable relay contacts via MODBUS communication protocol;
4. Human- Machine interface (HMI) for the natural gas detection control panel;
5. Battery-based uninterruptible power supply for gas detectors, controls and alarms;
6. Inter- component wiring and conduit.
7. Control connections to existing motor starters and new power contactors.
D. Related Documents: The following documents are related to this technical specification:
1. Project drawings containing 23 sheets plus addenda and amendments for City of Newport
Beach Contract No. 4315 (Drawing No. M- 5408 -S).
E. Scope and Owner. Project scope includes providing and installing leak- detection system in a
portion of existing repair -garage facility owned by the City of Newport Beach (Owner).
1.02 STANDARDS
A. Comply with all Municipal, County, State and Federal laws, ordinances, rules and regulations
governing or relating to building construction, employment standards and public health and
safety.
B. The following codes, specifications and standards, including amendments as adapted by the
City of Newport Beach, shall be considered an integral part of this specification. Compliance
with these documents is mandatory.
1. 2006 International Building Code and California Amendments, as set forth in the 2007
California Building Code.
1 2005 National Electrical Code (NFPA 70) and California amendments, as set forth in the
2007 California Electrical Code.
CITY OF NEWPORT BEACH — C-4315 NATURAL GAS LEAK DETECTION SYSTEM
CORPORATON YARD FLEET SHOP 13850 -11 OF 13
MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010
2006 International Mechanical Code and California amendments, as set forth in the 2007
California Mechanical Code.
4. 2006 International Fire Code and California amendments, as set forth in the 2007
California Fire Code.
Sheet Metal and Air Conditioning Contractor's National Association, Inc. (SMACNA),
Guidelines for Seismic Restraints of Mechanical Systems and Plumbing and Piping
systems
1.03 MATERIALS
A. Furnish and install all items required to make a complete and functioning system and as
required elsewhere herein.
1.04 QUALITY ASSURANCE
A. The Specifications and accompanying Drawings are intended to encompass a system that will
be complete and which will fit into the available space. As it is not within the scope of the
Drawings to show all necessary offsets and obstructions, it shall be the responsibility of the
Contractor to install all work in such a manner that it will conform to the space available,
avoid obstructions and interferences, preserve headroom, and keep openings and passageways
clear.
B. Provide qualified personnel to perform tests and inspections. Personnel qualifications shall be
made available to the Owner upon request.
C. All instruments, controls, and other electrical equipment must be qualified for the hazardous
area classification where the equipment is to be installed.
1.05 PREPARATION AND COORDINATION WITH OTHER TRADES
A. Coordinate as necessary with other trades to assure proper and adequate interface with all the
Work.
B. Where pipes, electrical conduit and other items are shown in conflict with locations of
structural members and other equipment, include labor and materials required for extensions,
offsets, and supports to clear the encroachment.
C. Although such work is not specifically indicated, furnish and install all supplementary or
miscellaneous items, appurtenances, and devices incidental to or necessary for a sound, secure
and complete installation.
D. Coordinate accepted equipment changes from those scheduled or specified with other trades
affected.
1.06 PRODUCT DELIVERY AND HANDLING
A. Materials shall be delivered in the manufacturer's original unopened packaging, labeled to
indicate the manufacturer's name and product identification.
B. Delivered materials shall be handled and stored so as to ensure that the packaging and labeling
remain intact until the material is installed. Materials shall be stored and protected from
ground contact and from the elements.
C. All containers, including internal containers, shall be indelibly labeled to clearly describe their
contents. Labels shall show the manufacturer's name and clearly state the equipment type,
size and catalog number.
1.07 SYSTEM DESCRIPTION
CITY OF NEWPORT BEACH - C4315 NATURAL GAS LEAK DETECTION SYSTEM
CORPORATON YARD FLEET SHOP 13850 - 2 OF 13
MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010
A. Natural Gas Detection and Control System Architecture.
1. The job site is an existing public works fleet maintenance facility, which lacks any
provisions for servicing natural gas vehicles. Contractor shall furnish, install and make
operational a natural gas detection system within the two partitioned service bays of
Building D as shown on the plans. The natural gas detection system shall detect natural
gas concentration as a percentage of LFL (Lower Flammability Limit), initiate audible
and visual alarms, start exhaust fans and shut down equipment that could be hazardous.
The facility will remain operational during construction and start -up.
2. The detection system will use point -type infrared - absorption natural gas detectors, at the
locations shown in the Drawings. Gas concentration and alarm signals from the repair
bays will be conveyed to a central programmable controller via a hard -wired Modbus
data highway. The system shall distinguish low alarms from high alarms, whereby "low
alarm" corresponds to natural gas concentrations between 20% and 40% of LFL; and
"high alarm" corresponds to natural gas concentrations greater than 40% of LFL.
3. The detection system will be function as a single zone, in which any leak detected in the
zone will cause the controller to initiate alarms and other responses for the entire
maintenance garage.
B. Required functions during normal standby operation.
While no natural gas sensor is in alarm, the detection system shall:
a. Continuously monitor all natural gas detectors for malfunctions;
b. Illuminate a steady green lamp at all alarm stations.
c. Display sensor data and system status to authorized remote PC users via TCP -IP
protocol.
d. Upon detecting a sensor malfunction, the controller shall:
1) flag the location of the malfunctioning sensor(s), and call out the fault to
supervisory personnel by telephone;
2) Start the exhaust fans in the CNG repair bays;
3) Signal the power contactor to disconnect power to all receptacles in the CNG
bays.
4) Signal the motor starter for the vehicle exhaust fan to shut off.
5) Disconnect power to door holding electromagnets.
6) Call out with a "trouble" message via telephone autodialer to supervisory
personnel.
C. Actions required when a natural gas leak is detected. The system shall execute all required
responses within two seconds after the alarm or other input signal is initiated.
Upon low alarm given by any natural gas detector, the control system shall automatically
perform the following actions.
a. Start the exhaust fans to remove building air contaminated with natural gas, and
prevent the accumulation of ignitable concentrations of natural gas.
b. Disconnect power to door holding electromagnets.
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c. Shut off all steady green alarm status lamps, and initiate audible and visible low
alarms, consisting of amber flashing lamps and a "low alarm" horn tone.
d. Display the sensor locations giving alarm on the Human- Machine Interface, located
in the Maintenance Superintendent's office.
e. Call out with a `low alarm" message via telephone autodialer to supervisory
personnel.
f. Display sensor data and system status to authorized remote PC users via TCP -IP
protocol.
2. Upon high alarm given by any natural gas detector, the control system shall automatically
perform the following actions.
a. Start (or continue running) the exhaust fans.
b. Signal the power contactor to disconnect power to the vehicle lifts in the CNG bays.
c. Signal the power contactor to disconnect power to all receptacles in the CNG bays.
d. Signal the motor starter for the vehicle exhaust fan to shut off
e. Shut off all steady green lamps in the (4) visible alarm stations, and initiate audible
and visible high alarm signals, consisting of red flashing lamps and an urgent "high
alarm" hom tone.
f Call out with a "high alarm" message via telephone to supervisory personnel.
g. Display sensor data and system status to authorized remote PC users via TCP -IP
protocol.
D. Provide one alarm acknowledgement station in the Maintenance Superintendent's office,
adjacent to the natural gas detection HMI. The station shall consist of a push button for
acknowledging CNG leak alarms. Acknowledgment shall shut off only the audible alarms,
and leave visible alarms in effect until the natural gas concentration falls below the alarm
level(s). The system shall fully annunciate new alarms after previous alarms have been
acknowledged.
E. Provide test switch(es) in the natural gas detection control panel. The switch(es) shall activate
exhaust fans, horns and beacons, for testing purposes.
1. Switches shall be selectable for testing system responses to either a simulated low natural
gas leak alarm; or a simulated high natural gas leak alarm.
1.08 PROJECT COMPLETION
A. Submit record data, as -built drawings, operating and maintenance mammals, final project
photographs, damage or settlement survey, and similar final record information.
B. Deliver tools, spare parts, and similar physical items.
C. Complete start-up testing of systems.
D. Provide functional and operational training on use of the detection and alarm system,
including theory of operation, troubleshooting, calibration and interpretation of display data.
Training shall consist of one 4 -hour course, held at the City of Newport Beach's Public Works
Garage, for as many as 8 City staff. Furnish a written course outline for approval by the City,
at least two weeks prior to the date that the training is given.
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E. Remove temporary facilities and services from the project site, along with construction tools
and facilities, mock -ups and similar elements.
F. Upon completion of the work, thoroughly clean all exposed portions of the installation,
removing all traces of soil, labels, grease, oil, and other foreign material, and using only the
type of cleaner recommended by the manufacturer of the item being cleaned.
1.09 INSPECTION. TESTING AND ACCEPTANCE
A. General. Contractor shall be responsible for proving to the satisfaction of the City that the
minimum specifications for the detection and alarm system, as described herein, have been
met. The City will require the execution of various inspections and tests, and furnish written
test reports, prior to accepting the leak detection and alarm system as being complete and in
compliance with these specifications. Such inspections and tests shall be based on
recommendations by the contractor, as well as the main vendor and manufacturer /vendors of
various components and systems of the detection and alarm system. If the City determines
that such recommended inspections and tests are not adequate, the City shall require additional
inspections and tests as needed. Neither inspection, witnessing of tests, nor waiving of any
such procedures by the City shall release the component/system contractor, main vendor or
other vendors from full responsibility for compliance with equipment, materials and functional
requirements according to this specification.
B. Requirements. Contractor shall supply the City with all manufacturer- recommended
installation and start-up procedures for the following systems:
1. Infrared -point natural gas -leak sensors and sensor transmitters.
2. Gas detection system controllers and relay panels.
3. Alarms (flashing lights and horns).
4. Natural gas detection Human - Machine Interface panel.
5. Battery Unintermptible power system
C. Contractor shall also provide test equipment, material and labor during inspection to conduct
construction testing and start-up. Construction- inspection procedures will be provided to the
City to include each of the above components and systems. All tests shall be made available
to be witnessed by the City to determine compliance with specifications.
D. Documentation and Notification. Recommended procedures for equipment testing during
start-up will be submitted in writing to the City not more than thirty days after contract award,
or not later than two weeks prior to start of testing, whichever occurs first. Off - the -shelf
equipment must be accompanied with factory test and inspection reports and manufacturer
warranties at the time of delivery to site. Contractor shall notify the City's project manager of
all planned start-up tests at least 48 hours prior to the scheduled start of testing, so as to give
the City adequate opportunity witness the testing.
E. Additional Inspections. Additional inspections will be carried out to by the City to determine
compliance with material and component specifications that may be beyond the scope of
jurisdictional inspections. The City will prescribe a final punch list following start-up tests
and inspections. The content and completion schedule for the punch list will be agreed upon
by the City, contractor and key equipment supplier(s).
1.10 WARRANTY
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A. General. The contractor shall warrant that the detection and alarm system be free from defects
in design, installation, workmanship and construction for a period of one year, commencing
with the recording of the Notice of Completion.
B. Original Component Warranties. All manufacturers' original standard specifications and
warranties for material, components and assemblies shall be forwarded to the City. These are
in addition to the comprehensive leak detection and alarm system warranty that is the
responsibility of the Contractor.
C. Warranty Enforcement. In case warranty is invoked, contractor shall ensure that the
appropriate installer, supplier and/or manufacturer (i.e. contractor or supplier(s)) shall respond
with suitable repair or replacement within two working days
PART2- PRODUCTS
A. New Equipment. All equipment to be supplied by the contractor shall be in new condition
unless otherwise expressly permitted by the City and shall include all components,
appurtenances, and systems necessary for the leak detection and alarm system to function as
described herein.
B. Substitutions. Substitute manufacturers of specific components listed herein may be proposed
by the contractor, and will be approved if the City determines that the alternate meets the
function, quality and intent of the specified component. Such substitutions shall only be
allowed when approved in writing by the City.
2.02 SUMMARY COMPONENT DESCRIPTIONS
A. Major components to be installed for the leak detection and alarm system are listed below.
Quantities shall be provided as shown in the Drawings.
1. Infrared natural gas detectors, point type.
2. MODBUS data transmitters for gas detectors.
3. MODBUS -based natural gas detection control & signaling panel.
4. MODBUS wiring for natural gas sensor array.
5. MODBUS relay modules.
6. Visible and audible alarms.
7. Human- Machine Interface (HMI) Panel
8. Telephone autodialer
9. Battery- inverter uninterruptible power supply
10. 24 VDC power supply for natural gas detection and alarm systems.
2.03 Infrared Natural Gas Detectors, Point Type.
A. Detectors shall provide a 4 -20 milliamp signal proportional to natural gas concentration
between 0% and 100% LFL, using infrared absorption. Detectors shall be suitable for
intrinsically safe circuits powered by a 24 VDC supply. Detectors shall require recalibration
no more frequently than annually.
B. Detectors shall be listed for use in Group D, Class 1, Division 1 hazardous areas.
C. Furnish and install gas detectors at (2) locations, as shown in the Drawings.
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D. Acceptable products.
Sensor Electronics Corp. `Millennium' Hydrocarbon gas detector.
2. Sierra Monitor 5100 -28 -IT IR Gas Sensor Module.
2.04 RS -485 MODBUS Data Transmitters for Gas Detectors.
A. Transmitter shall have as input the 4 -20mA signal from gas sensors, and shall have outputs for
4 -20mA and for RS -485 MODBUS. Transmitters shall be pre - programmed by the
manufacturer for location and installation on the MODBUS data path. Transmitter shall be
suitable for powering by 24V DC supply.
B. Acceptable products.
Sensor Electronics Corp. Model 3100;
2. The data transmitter which is integral with the Sierra Monitor 5100 -28 -IT IR Gas Sensor
Module
2.05 MODBUS -Based Natural gas Detection System Monitor, HMI and Relay Panel.
A. Furnish one Natural gas Detection System Monitor, human - machine interface (HMI) and
Relay Panel, at the location shown in the Drawings. The System Monitor shall recognize
natural gas detector data transmitters and relay modules on the MODBUS data path. The
System Monitor shall be programmable by local input, and at the HMI panel, and shall include
password protection for modifying settings or parameters. HMI display shall show status of
as many asl6 zones, including green, yellow, orange and red for each zone, with indication
based on scaled detection level. HMI display shall indicate percentage of LFL detected in
each zone simultaneously with the color status. The System Monitor shall provide outputs for
RS232 serial communication, Ethernet with RJ45 connection and IP addressability, and the
RS485 Modbus communication protocol. The System Monitor shall control dry relay contacts
wired to the telephone emergency dialer, with separate contacts for with separate voice
messages for 1) system trouble; 2) low alarm; 3) high alarm. The System Monitor, HMI and
Relay panel shall be installed in a non - hazardous area and are not required to be rated for
hazardous areas.
B. Acceptable products
1. Sensor Electronics 3500 HMI Operator Interface and System Monitor
2. Equal Modbus - compatible programmable -logic controller and Human- Machine interface
by Allen Bradley or Siemens.
2.06 MODBUS Wiring for Natural gas Sensor Array.
A. Wiring between MODBUS input and relay devices shall be with Beldin -type cable with three
#16 conductors and twisted shielded design. Provide part # CARC -2537 or approved equal.
2.07 MODBUS Relay Modules.
A. Each MODBUS output relay module shall have MODBUS input and provide eight or 16 dry-
contact outputs. Output shall be rated at either SA at 30VDC, or 8A at 250VAC. Relay shall
be programmed and addressable by the Sensor Electronics HMI control panel).
B. Acceptable products
Sensor Electronics SEC 3500 Relay Controller
2. Equivalent PLC -based output module
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2.08 Audible Alarms.
A. Provide audible alarms (horns), in three locations as shown in the Drawings. Alarms shall be
rated at 105dbA at 15', listed for Class 1, Division 2, Group D hazardous locations, and shall
be powered by 24 VDC supply.
B. Alarms shall produce distinctly different tones for low alarm versus high alarm. Low alarm
shall be a staccato tone with constant frequency, while high -alarm shall be a more urgent
sound, such as warbling.
C. All audible alarms for methane -leak detection shall be distinct in tone and pattern from
audible fire alarms annunciated in the vicinity of the repair garage, and shall not have a three -
tone temporal pattern, which is reserved for the fire alarm.
D. Provide Edwards Signaling Adaptatone Millennium Model 5530M.
2.09 Visible Alarms.
A. Provide visible alarms where shown in the Drawings. Alarms shall be illuminated by LED
lamps visible in bright daylight. Each alarm station shall consist of an assembly of 34amps
mounted on a NEMA 3R enclosure: green, amber and red. Lamps shall be listed for use in
Class 1, Division 2, Group D hazardous locations. Green lamps shall be continuously
illuminated while no natural gas leak alarms are set. Flashing amber lamps shall be
illuminated when a low natural gas leak alarm (20 %40% LFL) is set, and flashing red lamps
shall be illuminated when a high natural gas leak alarm ( >40% LFL) is set.
1. Provide Federal Signal 225XL Electraray® Hazardous Location LED Flashing Warning
Light with XLT. Furnish (1) steady green LED lamp, (1) flashing amber LED lamp and
(1) flashing red LED Lamp per alarm station.
2. Furnish (4) visible alarm stations, at the locations shown in the Drawings
2.10 Telephone Alarm Dialer.
A. Furnish a rugged industrial alarm dialer controller by the natural gas detection system monitor
and relay panel.
a. Dialer shall have not less than (3) dry contact inputs, and call out with separate
stored voice messages upon
1) system trouble
2) low alarm
3) high alarm.
b. Dialer shall be capable of calling up to (8) 32 -digit phone numbers upon alarm.
c. Dialer shall utilize a standard RJ -11 telephone connection.
2. Acceptable Product: Sensaphone 2000
2.11 BATTERY - INVERTER UNINTERRUPTIBLE POWER SUPPLY (UPS)
A. General. Provide a UPS system for the natural gas detection system, capable of maintaining
the total connected standby load for sensors, control panels and alarms, for a minimum of 24
hours on battery.
B. Construction.
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1. The UPS shall consist of a DC to AC sine wave inverter, a battery charger, a sealed
battery, a monitor and transfer switch, and accessories as required. The system shall be a
single complete assembly, including its battery pack.
2. Each system shall operate on a 120 volt, 60 Hz AC branch circuit. The input AC circuit
shall supply energy to the battery charger which shall supply energy to the inverter as
well as to the battery to maintain its charge. The output of the inverter shall supply
energy to the load. If the input AC circuit is interrupted, the inverter shall continue to
supply energy to the load without interruption, drawing power from the battery. If the
input AC circuit is restored prior to discharge of the battery, the charger will resume
supplying power to the inverter and shall restore the battery to full charge. In the event of
malfunction of the battery charger, battery, or the inverter that results in interruption of
the output from the inverter, the monitor shall detect this condition and shall
automatically transfer the load to the system's AC input circuit within 25 milliseconds.
After the malfunction is corrected, the load shall be retransferred to the inverter
manually.
Batteries shall have sealed gel -type maintenance -free cells. Each system shall have a
battery voltmeter and a system output voltmeter. Indicating lights shall be provided to
indicate system power source (AC line or inverter). Provide alarm contact outputs for low
battery condition. Each unit shall have a means to manually transfer the load to the AC
line and back to the inverter output via an external manual bypass switch for maintenance
purposes.
4. The UPS shall have an output rating of not less than 3.0 kVA or 2.7 kW, and shall be
capable of delivering at least 2 kW from battery power for not less than 30 minutes.
C. Manufacturers.
1. The system shall be product of one manufacturer, and be the Ferrups Series, by Eaton
Ferrups, or approved equal.
2. The system's rated output shall be not less than 2.7 kW, and be capable of operating at a
load of at least 2.2 kW on battery supply for not less than 1/z hr.
3. Acceptable products
a. Eaton Ferrups Model 9130L with (1) extension battery module.
2.12 DC Power Supply.
A. Furnish one 16- channel DC power supply for powering natural gas detection equipment and
DC control signals.
B. Each channel shall be Class 2 rated and protected by PTC thermistors
C. Total DC output capacity shall not be less than 12A at 24 V
D. Furnish (1) Honeywell HPR2416600CBUL.
2.13 Scope of work for modifications to fluid - service reels.
1. General. Contractor shall modify and expand the configuration of the fluid - service reels
in the vicinity of service bays being modified per project scope, as indicated in this
subsection, and as shown on Drawing No. M1.0 (Sheet 11/23, with revision date of 7 -15-
10)
2. Field identify the appropriate product - supply piping routed overhead in the vicinity of the
CNG- service bays.
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3. Depressurize piping, drain fluids from lines and reels to be removed, and cut in and tee
into headers to feed new branch lines as required to supply the product reels that are
called out in the plan drawing.
4. Relocate the existing twin -reel sets at the `northwest' comer of project area as shown.
Remove and store the existing single -reel set at the southwest corner in the garage as
directed by the city engineer or authorized city representative.
5. All tees and branch piping shall be the same pipe size as the supply headers (minimum
3/4 ").
6. All new branch piping shall be supported trapeze pipe supports located minimum 5'
O.C. all new piping shall be clamped to trapeze supports. Trapeze supports shall be
securely bolted or welded to the ceiling substructure, as approved by the city engineer.
7. All new piping and supports shall be minimum 20' AFF, or routed so as to avoid lifted
vehicles and as field approved by the city engineer or authorized representative.
8. Reels shall be securely supported from the ceiling substructure or other appropriate
structural steel, as approved by the City Engineer.
9. New reel sets shall be set 13' AFF.
10. Provide sketch or shop drawing for anchoring of trapeze supports and reel supports to the
city engineer prior to the start of any fieldwork for the service reels.
11. Use `Ingersoll Rand' service reels and related components with the following part
numbers:
A. Reels for water, compressed air and engine oils: 7UL3050 (3/8" x 50' hose, 300 PSI
MAWP).
B. Reels for hydraulic oils 1 and 2 and for atf: 7um4050 (3/8" x 50' hose, 2500 psi
mawp).
C. Use compatible reel - mounting hardware wl part #s it -7001 — it -7006 as required to
mount new reels.
D. Note — dispenser nozzles and control handles to be provided and installed by the
City /Owner.
12. Provide new piping from pump room to Hydraulic Oil-2 reel at east reel bay. Terminate
and cap inside pump room 7' aff, and anchor to pump -room wall.
13. At inlet to each new and relocated product reel, provide a manual ball valve with lever.
Valve shall be 3/4" and shall have MAWP rating matching its product type per scope
item 10. Install new ball valves immediately upstream of the inlet to each new or
relocated reel. Includes replacing existing gate valves at existing lines as required.
14. Piping materials:
a. Water, compressed air and engine oils: ASTM B88 seamless drawn - copper tube
(3/4" x .065 "), Type -K. Join pipe using ansi b16.22 wrought- copper solder fittings
with ASTM B32 solder, grade 95TA (lead -free).
B. atf and hydraulic oils: ASTM A213 seamless type -304 stainless steel tube (3/4" x
0.065'), and Type -316 SS swage fittings (swagelok, hake or parker).
15. Coordinate installation of dispenser / meter handles on hose ends by Owner /City.
16. Re- pressurize lines with air and soap - bubble test all new or modified unions and joints
and repair as required. Introduce fluids to new piping and reels only after all leaks have
been repaired.
PART 3 - EXECUTION
3.01 GENERAL
A. Execution is described in the respective Product description of this section, except as
otherwise described within this PART.
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B. All components and equipment shall be installed according to the respective manufacturers'
instructions and recommendations. Industry- standard practices shall apply if no manufacturer
instructions exist.
3.02 SUBMITTALS
A. Submittals shall be presented according to the terms of the contract.
B. Contractor shall be responsible for modifying or replacing any of the approved constriction
drawings.
1. Stamping by Professional Engineer. All modified or replaced drawings shall be stamped
by an appropriate California - licensed Professional Engineer.
2. Approval by City. Any such changes shall be approved by the City.
E. Manufacturers' original standard specifications and warranties for material, components and
assemblies. These are in addition to the comprehensive leak detection and alarm system
warranty that is the responsibility of the Contractor.
F. Approvals. Prior to construction, the City shall approve all drawings and other information
required under Part 3, section 3.02.
1. Submittals are required for all items listed in this Section, and are subject to approval by
City. Submittals shall include but are not limited to equipment listed under Article
2.02.A.
2. The following are required as applicable for each size and/or type of item listed in
paragraphs 3.02.F.I of this Section, as applicable.
a. Manufacturers' data sheets with dimensional drawings.
b. Installation and operating instructions and test procedures.
c. Recommended maintenance instructions and schedules.
d. Special tools required for maintenance and testing.
e. Warranties, including those of the original manufacturer.
£ Wiring diagrams.
3.03 WORKMANSHIP
A. Labor shall be performed in a workmanlike manner by electricians skilled in their particular
trade. Conduit and equipment shall be installed square and plumb accessible for proper
operation and service. Installation shall be consistent with completeness and appearance
whether concealed or exposed.
3.04 LABELING
A. The manufacturer shall provide a stainless steel nameplate on each major item of equipment.
The nameplate shall be permanently affixed and shall be embossed with the manufacturer's
name, address, model number, serial number, pressure rating and flow capacity as well as the
item description, equipment number, and mark number.
3.05 FIELD - STARTUP SERVICES
A. General. Contractor shall provide complete field startup services for the leak detection and
alarm system. Contractor shall provide appropriate field- startup services from manufacturers
and vendors, including on -site assistance from the main vendor.
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B. Requirements. Contractor shall initialize and make fully operational the following:
1. Natural gas sensors and control panel.
2. Telephone emergency dialer.
3. Alarm relays.
4. Control interfaces to building systems controlled by the natural gas detection system
5. Battery uninterruptible power system.
3.06 ADJUSTING, BALANCING AND TESTING
A. After completion of the installation, start, regulate, adjust and test all equipment and devices
B. Functional testing shall verify that all sensors detect natural gas leaks, give signals, and initiate
alarms and other responses as specified. Each sensor's function, and associated building
controls initiated by the sensor(s) shall be tested using test gases with methane concentrations
at 25% LFL and 50% LFL.
3.07 OPERATION AND MAINTENANCE DATA AND TRAINING
A. Maintenance Manuals: Organize maintenance and operating manual information into suitable
sets of manageable size, and bind into individual binders, properly identified and indexed
(thumb- tabbed). Examples: natural gas sensors, ventilators, pull stations, etc. Include
emergency instructions, safety procedures, spare parts listings, warranties, wiring diagrams,
recommended maintenance intervals, inspection procedures, shop drawings, product data, and
similar applicable information. Use a standard method for highlighting safety procedures.
Bind each manual of each set in a heavy -duty 2 -inch, three ring vinyl- covered binder and
include pocket folders for folded sheet information. Mark identification on both the front and
spine of each binder, including "Volume ## of ##" information.
1. Data:
a. Include all necessary information required for operation and maintenance of the
equipment in the main text of the manuals and sufficient in itself for the purpose
intended.
1) Include manufacturer's leaflets (in original form) only to supplement the
manual text and fully cross - reference to it.
b. When incorporating manufacturer's leaflets, data and nomenclature, black items not
related to the specific items(s) supplied or dearly indicated as not applicable.
2. Quantity and Delivery: Supply three (3) complete manuals for approval with the
commencement of the delivery of the equipment to the site.
B. Leak detection and alarm system training.
General:
a. At least 14 days prior to scheduled data for commencement of training, submit
details of the training program and instructional materials to the Owner for review
and approval.
b. Where specified, develop and conduct a program to train selected Owner personnel
in the safe operating procedures, and maintenance of equipment and systems
furnished during the hours required by the Owner. Also include in the training
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program key hazards and their protectors, and corrective actions for violation of
safety rules.
c. Furnish instructors, instructional materials.
d. The Owner is to furnish physical facilities and equipment.
e. Begin instruction upon successful completion of Testing as specified in this Section.
2. Program content: At a minimum, instruction will include material covered in the
operation and maintenance manuals as well as the following:
a. Theory of operation.
b. Practical aspects of operation.
C. Description of system, equipment and components.
d. Functional characteristics of system, equipment and components.
e. Emergency operating procedures.
f. Location, removal and reinstallation of components.
g. Maintenance procedures.
h. Servicing intervals and schedules.
i. Diagnosis and problem solving (troubleshooting).
j. Repair procedure.
k. Hazards relative to leak detection and alarm system operations.
1. Conduct preventive maintenance checks and services.
m. Review emergency responses to be performed in the event of a natural gas leak.
C. Special tools or equipment.
1. Vendor will supply special tools or equipment.
a. The special equipment or tools are defined as, other than those nominally found in a
mechanic's toolbox, necessary for the general upkeep, maintenance and overhaul of
the equipment or products contained in coaches delivered under this contract.
b. A list of special tools or equipment will be provided to Owner. The list must be
submitted for approval no later than 30 days after awarding contract.
c. Any tools not found in the catalogue or over - the - counter of a local supply company
are considered a specialty tool or equipment.
D. Emergency response training.
1. Contractor shall provide emergency response training and system familiarization for Fire
Department and facility maintenance personnel.
END OF SECTION
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. to
September 14, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Frank Tran, Associate Civil Engineer
949 - 644 -3340 or FTran @NewportBeachCa.gov
SUBJECT: CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT —
AWARD OF CONTRACT NO. 4315
ISSUE:
Staff is requesting approval of a contract to modify two service bays in Building "D" at
the City Corporation Yard, which is required to safely maintain and repair compressed
natural gas (CNG) powered vehicles and equipment.
RECOMMENDATIONS:
1. Approve the project drawings and specifications.
2. Award Contract No. 4315 to Anderson Air Conditioning, LP for the Total Bid Price
of $195,434.00, and authorize the Mayor and the City Clerk to execute the
contract.
3. Establish an amount of $19,543.00 to cover the cost of unforeseen work.
4. Approve Budget Amendment No. BA10- appropriating $156,000.00 from the
unappropriated AQMD Fund Balance 1 to Account No. 7290- C8002014.
DISCUSSION:
At 10:00 A.M. on August 25, 2010, the City Clerk opened and read the following bids for
this project:
MIN WA 01110V
$195,434.00
$218,849.00
$225,000.00
$248,890.00
[ No Proposal j
BIDDER
Low
Anderson Air Conditioning, LP.
2
SPEC Construction Co., Inc.
3
Monet Construction, Inc.
4
LA Design Group
5
Signature Contractors
MIN WA 01110V
$195,434.00
$218,849.00
$225,000.00
$248,890.00
[ No Proposal j
Corporation Yard Fleet Shop CNG Modification Project —Award of Contract No. 4315
September 14, 2010
Page 2
The low total bid amount is 2% less than the Engineer's Estimate of $200,000. The low
bidder, Anderson Air Conditioning, L.P. (Anderson Air Conditioning), possesses a
California State Contractors License Classification "B" as required by the project
specifications. A check of Anderson Air references indicates satisfactory completion of
similar building modification projects involving construction of air -tight service bays and
associated leak detector and alarm systems for other public agencies including
Metropolitian Transit Authority and OCTA.
A bid protest was received from SPEC Construction Co., Inc., claiming that Anderson Air
Conditioning listed no subcontractors for this project and; therefore, did not have the
specialty experience for the plumbing tasks or installation of the overhead reels that supply
hydraulic and petroleum fluids.
Staff reviewed Anderson Air Conditioning's proposal and confirmed that the proposal does
include a list of subcontractors. One of the subcontractors is EFS West. EFS has an "A"
Contractors License and therefore possesses the specialized engineering knowledge and
skill for piping and other systems for the transmission of petroleum and other liquid or
gaseous substances. Staff does not find merit in the SPEC Construction Co. bid protest
and recommends award to Anderson Air Conditioning.
The work necessary to complete this contract consists of modifying two existing service
bays in Building "D" with steel framing and three full- height drywall partitions; doors,
windows and HVAC including makeup -air ducts, roof - mounted duct inlets, and roof -
mounted exhaust fans; a methane -leak detection system including roof - mounted
detectors, control panels, and annunciators required for servicing CNG vehicles.
The Project was previously advertised. The received bids were not acceptable and all
bids were rejected on August 10, 2010.
Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working
days to complete the work.
ENVIRONMENTAL REVIEW:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (a), of the CEQA Implementing Guidelines. This exemption covers
the maintenance and alteration of existing public facilities with no expansion of an existing
use.
PUBLIC NOTICE:
The Notice Inviting Bids was advertised in the City's official publication and in
construction industry publications.
Corporation Yard Fleet Shop CNG Modification Project —Award of Contract No. 4315
September 14, 2010
Page 3
FUNDING AVAILABILITY:
Upon approval of the recommended Budget Amendment, sufficient funds will be
available in the following account for the project.
Account Description
Equipment Maintenance
AQMD Fund
Proposed uses are as follows:
Vendor
Anderson Air Conditioning, LP
Anderson Air Conditioning, LP
Various
Prepared by:
q_pA -Frank Tran
Associate Civil Engineer
Account Number
7611- C8002014
7290- C8002014
Amount
$ 60,000.00
$ 156,000.00
Total: $ 216,000.00
Purpose
Construction Contract
Construction Contingency
Construction Support, Printing
and Incidentals
Total
Submitted by:
Amount
195,434.00
19, 543.00
1,023.00
$ 216,000.00
,Sfepherh G. Badum
Public Works Director
Attachments: Project Location Map
August 10, 2010 City Council Staff Report, Agenda Item No. 6
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
PROJECT LOCATION MAP
(592 Superior Avenue, Newport Beach, CAI
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City of Newport Beach
BUDGET AMENDMENT
2010 -11
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 11 BA -007
AMOUNT: $156,000.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations from the Air Quality management District Fund unappropriated fund balance to cover
the cost of a contract with Anderson Air Conditioning, LP for the modification of two service bays in Building "D" at the City
Corporation Yard to safely maintain and repair compressed natural gas (CNG) vehicles and equipment.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
290 3605
REVENUE ESTIMATES (360 1)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Air Quality Management District - Fund Balance
Description
Division Number 7290 Air Quality Management District
Account Number C8002014 Corporate Yard Fleet Shop CNG Modification
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Signed
Signed:
Signed:
Financial Approval:
Approval: City
City Council Approval: City Clerk
Services Director
Amount
Debit Credit
$156,000.00
Automatic
$156,000.00
9• %- /l)
Date
cl% )D
Date
Date
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.
August 10, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Frank Tran, Associate Civil Engineer
949 - 644 -3340 or FTran @NewportBeachCa.gov
SUBJECT: CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT —
REJECT ALL BIDS FOR CONTRACT NO. 4315
ISSUE:
City is planning to modify two service bays in Building "D" at the City Corporation Yard,
which is required to safely maintain and repair Compressed Natural Gas (CNG) powered
vehicles and equipment.
RECOMMENDATION:
Reject all bids.
DISCUSSION:
The work necessary to complete this contract includes modifying two service bays in
Building "D" by adding a steel frame, three full- height drywall partitions, doors, windows and
HVAC system, (including makeup -air ducts, roof - mounted duct inlets, and roof - mounted
exhaust fans), and a methane -leak detection system (including roof - mounted detectors,
control panels and annunciators) for the purpose of servicing CNG vehicles. These modified
service bays are designed to be air -tight to prevent methane and other gas leakage to the
surrounding area and include leak detector and alarm systems.
At 10:00 A.M. on July 21, 2010, the City Clerk opened and read the following bids for this
project:
BIDDER
Low Spec Construction Co, Inc.
2 A2Z Construct, Inc.
3 Andersen Air Conditioning, L.P.
4 Amtek Construction
5 Monet Construction Inc.
TOTAL BID AMOUNT
$167,950.00
$190,000.00
$202,890.00
$228,408.00
$240,000.00
Staff encountered several different problems with the bids associated with the need for
contractors to provide the needed specialty trade disciplines required for the construction of
air -tight services bays and associated leak detector and alarm systems. Staff recommends
rejecting all bids, retooling the construction documents to clearly indicate the high quality
construction standards required for this project and then re- advertising the project.
Corporation Yard Fleet Shop CNG Modification Project — Reject All Bids For Contract No. 4315
August10,2010
Page 2
PUBLIC NOTICE:
The Notice Inviting Bids was advertised in the City's official publication and in construction
industry publications.
Prepared by:
Frank Tran
Associate Civil Engineer
Attachments: Project Location Map
bmitted by:
Stephdh G. Badum Sv
Public Works Director
CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
CONTRACT NO. 4315
PROJECT LOCATION MAP
(592 Superior Avenue, Newport Beach, CA)
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