Loading...
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) ■■ a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a� a a a a a a a a a a a a a a a a a a a a � 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) � W 17th St W 17th St w 17th StPort Mobile 6 PROJECT tr'trtb�tl9t 1! LOCATION Py RMesa Cettlet Pi 16th St 16th St 16th St Shopping Cuter ` e r `< 65�� f-1 ;P Piodumon fit �ro tv tf?Et€ F?trK Gj 151h St 11 �� is its `�fi � V-ry. 0� �. e SCS assCtttt 0TIVe ,3 a sunset Pack Ln `l 3' Porti 'p CIM Df ge rpt (D HoagL?t va S� rtf9 �� 8 4ic P cs4 i Atli ` chinnet West cd ' 1 win,,, yo?' 'kll� Cr A I'rf ri 'Ri k.�'efQ�e w}`� q Newport Ir. Olt, `' Beach ,tw<:a Rortc Lido Vi11ag rti .,. nninn C.r N.T.S k« -q,,, - Map gt 0 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) ,a 55 F Yd t 71h St, 11f 173h $t w 17th St'Ha rit 3: ist r3 }r eidy Flay i•.1� Inw, & ". oacs, `J , F;TrtPROJECT' ts�bri " LOCATION � �'�`� • � h4esa C�ttt� St _ leth st _ 161!'11 St 16th f Pea liacti�rn t=i`a rr Q�¢���4 �64� 5'J s, 15th S �! :' fit" :•�L�,�• �i}},.. �� - _; �l (yrp: {s a ,Z. 'A Haf� Zvi fy aC � Goff Lh i ',�- �.' e, � ;��3Ci5e1 �z7tkl,n •fib' PNO(�C4 -t JS r Clift Dr ' Hga-9 3 ,EEK _. Cr t -`l' - 53rYf8 ?,C75 •kt.F air fig iS'��! ,r, .9C• Gflvcf Ffyl+ Coa x k"j 'Y '}`. •`Aa�i,'. SJr SIA' 1 Newport � G Lido at"iIlv, y ." /'� � vS r..,�, tf9 fl:tt�+ cWe - RAap 99t; N.T.S 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 � SM ,errs �llw trw® " r _ 41111W 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 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 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-` ICQLUV�CxWl ...Corporate Officer — Title(s): V , P ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER .• of thumb her 19 zuua National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 r.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of - 0 f: (aVF v On �—z�A _10 before me,' ��t�`�Ztft��ub�►L Date Here Insert Name a d Title of the O ' r personally appeared Nares of Signer(s) s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 My Comm. Expires Jun 26, 2012 + y 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 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: 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 ❑ Partner — ❑ Limited []General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: h.. �n ... Signer Is Representing: 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 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 Si (s`)1 Signer's Name: �.i� , 1Tlli 1 1'�(l V✓� Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual Id -Partner — C mited ❑ General Top of thumb here ❑ 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. CITY OF NEWPORT BEACH — C-4315 NATURAL GAS LEAK DETECTION SYSTEM CORPORATON YARD FLEET SHOP 13850 - 3 OF 13 MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010 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. CITY OF NEWPORT BEACH - C-4315 NATURAL GAS LEAK DETECTION SYSTEM CORPORATON YARD FLEET SHOP 13850 - 4 OF 13 MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010 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 CITY OF NEWPORT BEACH — G-4315 NATURAL GAS LEAK DETECTION SYSTEM CORPORATON YARD FLEET SHOP 13850 - 5 OF 13 MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010 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. CITY OF NEWPORT BEACH — C -4315 NATURAL GAS LEAK DETECTION SYSTEM CORPORATON YARD FLEET SHOP 13850 - 6 OF 13 MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010 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 CITY OF NEWPORT BEACH — C-4315 NATURAL GAS LEAK DETECTION SYSTEM CORPORATON YARD FLEET SHOP 13850 - 7 OF 13 MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010 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. CITY OF NEWPORT BEACH - C-4315 NATURAL GAS LEAK DETECTION SYSTEM CORPORATON YARD FLEET SHOP 138M - 8 OF 13 MODIFICATIONS FOR SERVICING CNG VEHICLES August 9. 2010 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. CITY OF NEWPORT BEACH — C -4315 NATURAL GAS LEAK DETECTION SYSTEM CORPORATON YARD FLEET SHOP 13850 - 9 OF 13 MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010 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. CITY OF NEWPORT BEACH — C-4315 NATURAL GAS LEAK DETECTION SYSTEM CORPORATON YARD FLEET SHOP 13850 - 10 OF 13 MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010 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. CITY OF NEWPORT BEACH — C4315 NATURAL GAS LEAK DETECTION SYSTEM CORPORATON YARD FLEET SHOP 13850 . 11 OF 13 MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010 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 CITY OF NEWPORT BEACH — C-4315 NATURAL GAS LEAK DETECTION SYSTEM CORPORATON YARD FLEET SHOP 13850 - 12 OF 13 MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010 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 CITY OF NEWPORT BEACH — C -4315 NATURAL GAS LEAK DETECTION SYSTEM CORPORATON YARD FLEET SHOP 13850 - 13 OF 13 MODIFICATIONS FOR SERVICING CNG VEHICLES August 9, 2010 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 N.T.S s '@ k (< k i 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) ran sr. `wTtnesr . L ,' ..w =tith 5t pt' i PW. q ?&Oat ,r S "` '' •Newt If S i � tF hCth.St_ . J6'v9;52.� v�e 5S Cpl h 0 Pyk. R r 3 4% c u k R r 3 t�o�J 4,l m 'FEU .' ,99'' wy aid' t ✓f;. � Sbrt{a PNi`'i'e.�yb II`�"Me �`s° _.pay o�c \.:✓ 487Ft C7 A Y 4 � Newport��`� ?pia Yr k i SY Sr Beach, c: U4p UI @egC J' ,.r',. �i'� yf��tle }� sn,,,,...� r. »„tar. +,� ,�:; _ .�'�Q�9Lfdo9la - map N.T.S r y q t�o�J 4,l m 'FEU .' ,99'' wy aid' t ✓f;. � Sbrt{a PNi`'i'e.�yb II`�"Me �`s° _.pay o�c \.:✓ 487Ft C7 A Y 4 � Newport��`� ?pia Yr k i SY Sr Beach, c: U4p UI @egC J' ,.r',. �i'� yf��tle }� sn,,,,...� r. »„tar. +,� ,�:; _ .�'�Q�9Lfdo9la - map N.T.S