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C-4507 - Carol Beek Center Remodel
OFFICE OF THE CITY CLERK FoRN�P Leilam I. Brown, MMC May 23, 2012 Mr. Timothy Pointer T.A. Pointer Enterprises, Inc. 9121 Atlanta Avenue #410 Huntington Beach, CA 92646 Subject: Carroll Beek Community Center - C -4507 Dear Mr. Pointer: On May 10, 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 May 19, 2011. Reference No. 2011000249816. The Surety for the contract is American Safety Casualty Insurance Company and the bond number is 20 -SUR- 209496. Enclosed is the Faithful Performance Bond. Sincerely, n Leilani L 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 BOND PREMIUM IS SUBJECT TO CHANGE BASE_ ,N FINAL CONTRACT PRICE BOND PREMIUM IS $2,353.00 BOND F7 4CUTED IN TRIPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 BOND NO.20 -SUR- 209496 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport peB�ey�acah SState of California, by motion adopted, awarded to T.A. Pointer Enterprises, Inc., Rerelnarter designated as the "Principal ", a contract for construction of CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS, Contract No. 4507 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. 4507 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract, NOW, THEREFORE, we, the Principal, and AMERICAN SAFETY CASUALTY 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 Seventy -Eight Thousand, Four Hundred Forty and 001100 Dollars ($78,440.00) lawful rnoney 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 pars 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 ESS WHEREOF, this instrument has been duly executed by the Principal and Surety aba coed, on the 8TH day of NOVEMBER 2010. T.A. DBA AMERICAN SAFETY CASUALTY INSURANCE COMPANY Name of Surety 23901 CALABASAS ROAD, SUITE 1085 CALABASAS, CA 91302 Address of Surety (818) 871 -1060 Telephone YUNG T. MULLICK, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CON TRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT State of California County of Orange ) On NOVEMBER 8 2010 before me, JENNIFER C. GIBONEY Notary Public (insert name and title of the officer) personally appeared _ YUNG T. MULLICK who proved to me on the basis of satisfactory evidence to be the person() whose name(j6) isles; subscribed to the within instrument and acknowledged to me that he/jsb i executed the same in hisbtreo *k authorized capacity( , and that by his1kv ALeax signature(s) on the instrument the person(e), or the entity upon behalf of which the person(%) acted, executed the instrument. lw yvd - s�+l.I 7 "IA ^Ip ipll^u' rT Hr Ii iu. t i rr x au, H u r ry ryl k {>t W t'y� u.0 r u fi ilM$ R 1 i,� "� tv TIt i'r, d I"'S „il� 'rho AI41�"r •'"j`.t. ArraN rll��rU�r4k1 C4 �V'.�Ir IIVws 'I,y�fi y�flk 2Ir �a f '� t4 PYHsi�,.l� w �'o i'1 i , :N yy� #Y 'W�,� a Y s f Ix. 9 i��:4 li� �✓` ^d r �mm'�b"�li�m� �'fANSa/F/I/nfOfdBN��' :.• J# r'— :;QslOi4ti;t. 6'>� -.BY'E PR&4Fd1TSEAmmc cf.M.�altnsur, nce Comp _ _ end appop� aod�' Psessnrs�tes_ — estituted the ' its hiu and wfnl attorney in fact, fm4t ayC ds name place ami stead m execute on behalf of the said Company as - surety. binds, mndmUk,xng and coutmcts of suretystu I mbe givatrm ral, iai r NI ' I a -. ai 1"N4 d• +MSP.r �� °I, '^ �" "" I'�FI�I t� µ 41M t,l$I # r .0 _ -1 ,. 04" r {_17 wY ai WIl'ait r �'�; tllll, rr V ud M �iV' ' iuifr i�lli tl iw4pk . r)<v C�6, � _ ^ rf ;�, � li uu��r d' I I � OU n�$rt,1l� gk,'uui it �il�u p ".iki mall .if"P ' 01W 6 iI n` I r 4� vim r I1� i �I P 1 v W�;'ik N isV f� Iw II ti4 f�91 W r1 Stu. n4 { �. � �; �tbatiro(6bn m mconh0ctiti rri[ec`aR�„ tWsa I' �1h 1e>t 07 aF�u^ �i>l it 'I urs�hna§in$ s#cetP d"n l✓A " It 1 7 r d Seventy, Eigkt,Thoctsand Fow Huitdied Forty Dollars ($78;440.00) x _r the I46p17'NSSS FiAfierican.$afety,C ; sirehy knsW�IC ^r';ha4 oaysed tts oRtioiel sea }m,be herptmmaffixai, �nd tliese nts to be'si Prel xa.* vi l th}s`;Ei IdYCdey Of �LtnIJ ill ✓'p91"mu n�� "IPai+r Wl� y, ��li S 1u'..1 i p v I'll V sI Irri ��yr sF X1114 x, IIP A 7 I.il ±xy` p1 Ir VAIf Ilf J,uu „Ii aloe'' uti�u' II�Cal1 wSli }, i0�r �Ilor�r}�,iauili {Il �'vl^� �`P;: r- ry r it � '� 1, IW� 1f&.y I al �1}} 11 aV, �r�� mp��l -�Y IV a r,ial rlkVll I�� §��P�O:s. '�,a.,• �' °i Wi✓. r �i� �',��}Ik' 5���� �I " "�'�`e�r: n Mwph l Nu.w Se «eSaryr - i� ' Stephen R Crim. Pi6idgq _ h dd P.iglHh tlay�d September, 2603,,tiefore rne- petEOmlty t,2ote•Stephen R. Qim, to me lornowu, who, being by mx duly sworn did demos. and i n der t».K,...o...:._. I a force.- d 0 ORIGIIII.d.TAtrk VIN P(1N1 AUF,12707 t hTARE PRIv TED it72 H RED VJI RIG 1LSt" tf6L'RSi vt(,fL1CI1r11JAtLL%Li 11- TH'E$ {U nFCf '1: RFt MfaE it tJhlt'L4f10',i,'tft(I lISS d'L'Pd�rvaPt'.l'C'77tC 't” V=III rtlu 4 LA Ih, "h . nna .w n iivvu+ „,. w NW Cll�ll�d I>nry��ll�r�r'�`.r �����NOgl�i it dl �b MeuW i m! 11m tl1, Vq t pr �ut �dI +�IexaWtl . tt�i F aq VM 56 R rIZP � , qae 1eba W a , �' I rw �. _Ruth Ba.kstoa: NaJary Pmtic =- � a OF'F'ICE OF THE CITY CLERK Leilani I. Brown, MMC June 23, 2011 Mr. Timothy Pointer T.A. Pointer Enterprises, Inc. 9121 Atlanta Avenue #410 Huntington Beach, CA 92646 Subject: Carroll Beek Community Center (C -4507) Dear Mr. Pointer: On May 10, 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 May 19, 2011, Reference No. 2011000249816. The Surety for the bond is American Safety Casualty Insurance Company and the bond number is 20 -SUR- 209496. Enclosed is the Labor & Materials Payment Bond. Sincerely, �4� D, �11, 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 BOND PREMIUM IS INCLUDED IN PERFORMAN� jND COST BOND EXECUTED IN TRIPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 BOND NO. 20 -SUR- 209496 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newpo POBeea2�, Jttatse of California, by motion adopted, has awarded to T.A. Pointer Enterprises, Inc., Aerelnafter designated as the "Principal," a contract for construction of CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS, Contract No. 4507 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. 4507 and the terns 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, AMERICAN SAFETY CASUALTY 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 Seventy -Eight Thousand, Four Hundred Forty and 00/100 D011ars ($78,440.00) 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, OD r 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 BorA 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. T.A. P'airrtt DBA POINTER WHEREOF, this instrument has been duly executed by the above named on the 8TH day of NOVEMBER 2010. (Principal) AMERICAN SAFETY CASUALTY .INSURANCE COMPANY Name of Surety 23901 CALABASAS ROAD, SUITE 1085 CALABASAS, CA 91302 Address of Surety (818) 871 -1060 Telephone Authorized Signature/Title r Aut ize gent Signature YUNG T. MULLICK ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT State of California County of... Orange ) On NOVEMBER 8, 2010 before me, JENNIFER C. GIBONEY Notary Public (insert name and title of the officer) personally appeared YUNG T. MULLICK who proved to me on the basis of satisfactory evidence to be the person(l) whose name(z) islikm subscribed to the within instrument and acknowledged to me that he/§kCe'Nft executed the same in hisdtrerftek authorized capacity( *, and that by his&v%6tKak signature(a) on the instrument the person(s), or the entity upon behalf of which the person(*) acted, executed the instrument. _ __ =- AL t w' uw lril NI'a il"4 i gl II)" n � to I 'l�kr�'`"Iliiy sk kiti+l Iik ��i4^II iw ^,• ��"'xa �f 'V ^ni ^'el R+�kr w'),'a: Ali tr,:� Milli t11h .r E�M 'R rty }jw i1�,i rg I n Yr{ ix tl� it i4r� yar g0 lid 'w s r l lira I?I'x eW rr'ly r J� do uki Wi �I J"Y r °wr✓µ i l �ri W kl ry I �q �' GJ��1 � nuu l V)�r Viii + n �,µ IL}`ir ki,,: r +��i' 2r� svY!I ki �f l ^�I Jq W }" �Ammm7xivnY r _ }rt, w R I s �, IPi KPiOWY'S4>E PItESHMI'S JAaEAmeveaa SafeSa :ualtsmntrce C�6an- has- mad�Gulastitutedand aPPOima4_ sold �4 tlxse�tesentsoes t a—M n k — � — ::its true and lawful aaom tnd for it ang tts' v e}' act name, place and stead mexeeute on behalf of the said Co a assure - `fo be m Y ty boldsuttdenaWn and g wnttaars of sumrysmp a d q N `k�+ r . I' P 6 v�1iJWl� I it l lbi q t� we)fi al t nT, "di'mFl�hr oadii m' "a ' - a r� Y� yFl . dif)�iIl'�: Ii�"i IM I or �7r.a4 �C IIAthI 1 o � CJ�v iRNI NJaw � njPl,�p 9 IU iti Bx iteEH r r r 4 rar� ti I t dJ u" , irue rdk��d.� 1ws j I1 � I °wdIwli oJ tgiiw�, �r Ll Shn SIFpp I �� k II, iS f'ti Ir I I pMI�I " � P } v yl .�fp` � aIpl 0 lo- M✓ aIi w y m JP 1 ht ) i � t � I IeI r a �u w '� i"'I li I g l - -t.. _ Seventf Eiglif Tllousaad'Four Hundred•Forty l)ollars ($78;440.06)' All ^lane Rao €rsceais ugaete"sesmnTeia`rtlyo€"veitlu » attnpted_ _ lh of rte r l3-1 ,RESO>GatEfs that arc Pmt m c� }une6� wit6�thery m ansss�t Secrenvy may apporntxatt6mays faer6regenrs a' i�hpntyfinEdar Inmledm 16e nsYtunat evtdexwg We�appmntment m each Csu, for and an behatF`of the ComPanY:' t execute and deliver and "affix the seal. of tlrerC6ttgtnnY „mUhonrLS:sundeipltmgs',.' ,iS, r[[CO>nnzBafRS. Bii"d 9 atims of all kinds a lA Iid n� ,.)...,, .."..,..,.. m..,......w . »..__..._: _. _ _ - 04�1Q'�'tl3lgnaLlna,d M��mvery of any -have the�same fmrs and affects as though mane IIV Wa1Sj{�SS I, Yw• a Br Alnel Safety C J��I Iby��ps ”, etiusf!Fahtrl.day of Sep dJ �� � }Ik - Randolph L.HaltqSacret; � W wlwIll �, .'71�*y]w'IJ4 @guar ! Mn 9Vil SigMdaiill4ea,Iaeatlihe CtSy oTiAdanta, rotlm StateoE Gtotgta I6M IY,f iri Ik y �����g"�`•A yyr u^ o4uu rd 1 w i' �3i4 P yiA lr '"II�f' I } 'r N l + i,. w' r �Jl�ti j It h'I r�'J Kull ol.. rr<"J�i" Ili x m "IL.3bm? aia �vui ll mJ+ Sit S'M ew rle iIl�d '�11' sim91 SF +(e ^. III^ "Ir Polr4 k ' "11"il+Ylu� kL q`r dov, nit +tt tf.�,'£ +b tf 1 +4e}7•y {r r iti5'\ ]_It.� + t r =�3i�Sf1 {t�flp F 1'i11.14aFRe 1nCr 1rof%FL rY,£.iS t�'C>Kif TIM! andthasc,u'�l isrobe sig!!Wd byktts Pre }ideal , a Sleptwt R Ctim, Ptaxdem — — I'8M'rEI ?t/'ll'UR!11 Al VERttdl \ I "r:' 6!)LI COV.7 ) v(:r oI 171 ti m! m /ec in Official Records, Orange County R E C FI` E Qoemc Dalyorded , Clerk- Recorder RECORDING REQUESTED BY AND IgC IIIIIIIIIIIIIIIINIIIIIIIIIIIII NO FEE WHEN RECORDED ITII- l(OfPI 3 1000249816 12:36 pm 05/19/11 City lerk 47 412 N12 1 y Of f IH Or 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach THE CITY CLERK 3300 Newport Bouleva�lfv 0i FORT BErCH 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 T.A. Pointer Enterprises, Huntington Beach, California, as Contractor, entered into a Contract on October 26, 2010. Said Contract set forth certain improvements, as follows: Carroll Beek Community Center Improvements — C -4507 Work on said Contract was completed, and was found to be acceptable on May 10, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Safety Casualty Insurance Company. BY Public'WorkS Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on MAI I) , /ml BY 4 AMI� City Clerk at Newport Beach, California. (9) City Council Staff Report Agenda Item No. 7 May 10, 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: Tom Sandefur, P.E. APPROVED: C CA ROLL BEEK COMMUNITY CENTER IMPROVEMENTS - TITLE: COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4507 ABSTRACT: On October 26, 2010, City Council awarded Contract No. 4507 to Pointer Enterprises for a total contract cost of $84,635 plus a 10% allowance for contingencies. The required work in now complete and staff requests City Council accept 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 Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Carroll Beek Improvements Carroll Beek Improvements Facilities Maintenance and Repair Account Number Amount 7011- C1002023 $ 19,394.18 7251- C1002023 $ 67,975.12 4390 -8040 $ 8.700.00 Total: $ 96,069.30 I Carroll Beek Community Center Improvements - Completion and Acceptance of Contract No. 4507 May 10, 2011 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Construction Final Cost at Contingency Actual Contract Time Contract Award Com pletion Target Contract Time Under or Amount Add'I coping required to support gutter and credit for roof flashing - $103.70 Change (days) Over $84,635.00 $96,069.30 10% or less 13% 25 +44 The work necessary to complete this contract consisted of replacing doors and windows, skylights, cabinets, countertops, sinks, exterior and interior lighting fixtures and the associated wiring, rain gutters, and flooring, installing acoustical panels, and painting various surfaces. Two additive bid items were included in the bid. The first item would add up- lighting to the community room to brighten the room and give a softer, more indirect light. The second item would tint the tall, south -east facing windows in the center to ameliorate the harsh afternoon glare and diminish the heat gain in the room on the sunniest days. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Total change orders: Final construction contract cost: $84,635.00 84,635.30 11,434.30 $96,069.30 The final construction contract cost was approximately 13 percent above the original bid amount. There were sixteen change orders broken down as below: CO # Description Cost 1 French style sliding door for kitchen area $662.75 2 Change vinyl flooring to carpet in multipurpose room $1,579.63 3 Credit to not replace existing metal bathroom doors and frames - $1,115.39 4 Add'I coping required to support gutter and credit for roof flashing - $103.70 5 Extra wood replaced due to rot and termites. $2,379.64 6 Enlarge door frames that needed replacement due to termites $1,972.15 7 Block sealer to seal exterior walls and prevent water intrusion $905.67 8 Aluminum skylight frame to seal new skylight lenses $1,450.32 9 Substitute stainless oven for white oven finish $337.66 10 Replace basketball hoop and pole $1,476.82 Carroll Beek Community Center Improvements - Completion and Acceptance of Contract No. 4507 May 10, 2011 Page 3 11 Add lighting under kitchen cabinets $241.87 12 Replace storage closet sliding door $796.97 13 Garbage Disposal $255.48 14 GFCI correction from the building permit $156.92 15 ADA Handrail on outside ramp $437.51 TOTAL $11,434.30 The change orders fall into two categories. Some of the change orders were due to the unexpected rot and termite damage in the structure that necessitated the removal of additional wood. A number of other change orders were requested after getting additional input from the community and users of the facility. Additional time was needed in the construction phase to accommodate the extra work and the procurement of some of the specialty fixtures. A summary of the project schedule is as follows: Estimated completion date per July 2010 Schedule: December 10, 2010 Project Award for construction: October 26, 2010 Contract Completion Date Plus Approved Extensions: December 20, 2010 Actual Construction Completion Date: March 7, 2011 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301(a). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: n adum Public rks Director Attachment: Location Map LOCATION MAP CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 PROJECT LOCATION OF'F'ICE OF THE CITY CLERK Letlani I. Brown, MMC May 10, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Amendment to Notice of Completion for the following project: o Carroll Beek Community Center Improvements — C -4507 Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, "D. 611p 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 T.A. Pointer Enterprises, Huntington Beach, California, as Contractor, entered into a Contract on October 26, 2010. Said Contract set forth certain improvements, as follows: Carroll Beek Community Center Improvements — C -4507 Work on said Contract was completed, and was found to be acceptable on May 10, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Safety Casualty Insurance Company. /8-Y FuS Works Director i Cf� — / of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on NIA� Il , % l I -, at Newport Beach, California. BY Au Q � VV, City Clerk 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 10:00 a.m. on the 22nd day of September, 2010, at which time such bids shall be opened and read for CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS Title of Project Contract No. 4507 $85,500.00 Engineer's Estimate pnef -cj. ttaaum c Works Director Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. `B" Bidders are required to attend the MANDATORY pre -bid meeting at the project site - 115 Agate Avenue, Balboa Island On Tuesday, September 14th, 2010 at 9:00 AM. For further information, call Tom Sandefur, Proiect Manager at (949) 644- 3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................... ............................... 3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ........................................... .............................13 DESIGNATION OF SURETIES ........................................... .............................14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................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 SPECIAL PROVISIONS .................................................... ....................... ................. SP -1 `a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of 191 money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. TA The signature below represents that the above has been reviewed. Contractor's License No. & Classification Inc I d bok Pal 0 `'�'" n nrl s�5 Bid er Au horiz Signature/Title ° II2z. lb Date 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 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 Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS, Contract No. 4507 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 -CASHIER'S � days after the date of the mailing of "Notific e null and void. If the undersic and as an individual, it is agreed that th CHECK the Surety from its obligations under this Witness our h SUBMITTED IN 0. LIEU OF BID Name of Contractor ( BOND itle Name of Surety Authorized Agent Signature Address of Surety Print Name and Title Telephone (Notary acknowledgment of both Principal & Surety must be attached) PACIFIC)WESTERN BANK " 4 4.g 7 4 2 ;i TT�9 , nui0, ; Sanfz Monica, CA/90407-2209 Referen 90.3820/1222 ce ° :_ e. t •rue c .. ;::1 10 DATE Pay to the rlT .. A4� 62 LRU« order of rA`ap 1''S..d'�w..r Dollazs: 4fiu dauunmi !w a m it &/ d 5.t.,wQ a d a micm- pnk.vgnaewe faw abeaae of v e J ims vnl! mQ ate a copy. t. ufhori d9driatiire, 11544870 (�:1222382obi: 0919990I311° ` +, r A Y s ACKNOWLEDGMENT •...... v ...................... a .......... a ....•....• v.......................I State of California County of On Public, personally appeared , ss. before me, Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose e(s) is /are subscribed to the within instrument and acknowledged to me that he /she /t executed the same in his /her /their authorized capacity(ies), and that by his /her /their s' natures(s) on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. / I certify under PENALTY OF PERJURY under the 7(seal) tate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ...............................................• ............................... OPTIONAL 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 Paper Identification Credible Witness(es) Thumbprint of Signer 0 Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President/ Vice - President/ Secretary/ Treasurer Other: Other Information: 0 Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ................................................ ..................y............ State of California County of } ss. On before me, Notary Public, personally appeared — - !— — who proved to me on the basis of satisfactory evidence to be the p rson(s) whose name(s) is /are subscribed to the within instrument and acknowledged to my that he /she /they executed the same in his /her /their authorized capacity(ies), and that by is /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of whic the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the ws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) .. ............................... ............. ............................... OP IONAL INFORMATION Date of Document Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Evidenc Personally Known In Paper Identification Paper Identificatio Credible Witness( Capacity of Signer: Trustee Power of Attor ey CEO/ CFO/, President / Vice- President / Secretary / Treasurer Other: Other Information: 7 ❑ Check here if no thumbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEACH COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 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 subconfractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Number Description of Work °' of Total Bid Name: Address: Ph d a o � w�>1dov�c Phone: Slate license Number: Name: Address: Phone: GP -? -�'j C� / -70 i umer. f/7 �O State License N b Name: Address: Phone: State License Number: f, C Eink2,f �� • 2xo \C� C,f1C Bidder Auth i 4'1 i e/Title 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEACH COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No- 1 Project Name /Number Project Description teV)OL --e 6?`1 \njfiA all (/Xtt \(� — c�h UntWor klX• Approximate Construction Dates: From _7 2 b To: `O I aUi b Agency Name M S� Contact Person Rkk\ ��f3Pl�� TelephonegJTj Original Contract Amount tZl4ri,6 Final Contract Amount $ 01-;5) I U25; e� (o If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Project Description flJ�vJ lA>1 tl CA , Uy0u1KYUt Approximate Construction Dates: From To: Agency Name CSU S Contact Person A— Sn k4ak Telephone Original Contract Amount $Z2�j ,U(%fFinal Contract Amount $ 22�% If final amount is different from original, please explain (change orders, extra work, etc.) t�O 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 1, R, Project Description ffnv � �RCtiUL C! QS ncl- --e, SIAe-V\3 k Approximate Construction Dates: From 4 L�b t b To: "( I�b) D Agency Name Contact Person VYA Telephonevb) -�✓� ?✓J Original Contract Amount $ CvOk Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you Me any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 "� Project Name /Number aGla/1 tUrois Project Description Approximate Construcc�tio��n Dates: From �� I2C�Q� To:c71�� Agency Name` G_!1T �r �G��Irnc�yn Contact Person _�G�11�� Telephone oa}220-9CACA Original Contract Amount Final Contract Amount $ 1�jk If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Numbers Yl-e A rAyw% Ven c CP4 &r Project Description Approximate Construction Dates: From Q(CitJ To: 1�b I �5 Agency Name Contact Person `(&;(— Telephoner. "(.`757 - Original Contract Amount $1 inal Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) 6 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. S Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person T Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financi statement and other information sufficiently comprehensive to permit an appraisal o the Contractor's current financial conditions. J;A, Pinker 1�niecpr,,� Inc. nnt- Bidder dba Pointer Enterprises Authorized ' ature/Title 12 The Qualifications of the Assigned Project Competent Person: The Project Manager and Superintendent have suitable or sufficient skill, knowledge, experience, etc., for the purpose of this project and are properly qualified. Project Manager: Timothy Pointer Superintendent: Abel Vega ® OSHA (29 CFR, 1926.32(f)) One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authorization to take prompt corrective measures to eliminate them. ROLE OF THE COMPETENT PERSON ® The competent person above will be able to both effectively communicate the training subject to employees and to evaluate whether the training given to them is effective. ® By way of training and /or experience, the above competent person is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, and has the authority to correct them. Some standards add additional specific requirements which must be met by the competent person. SELECTION OF A COMPETENT PERSON ■ Education ® Experience on the job ® Time on the job ® Training PREPARING THE COMPETENT PERSON s Training Programs ■ Exposure to Daily Activities ■ Mentor Program ■ Train the Trainer SUPPORT FOR THE COMPETENT PERSON ® Ongoing Training ® Updates to Regulations- Review Safety News articles from State Fund Compensation Insurance Fund ® Equipment Changes- safety, safety, safety and what are the proper practices for use of specific equipment on the jobsite 0 Informed on Procedural Changes- Company briefings with management and administration for company and industry work situation changes or modification for doing business ® Technology Upgrades- Computer assisted programs for scheduling, safety, and Best Management Practices SUMMARY ® The Competent Person selected for Carroll Beek Community Center Project is: Timothy Pointer & Abel Vega ■ Qualifications 1. Timothy Pointer is the owner and founder of Pointer Enterprises since 2002. In addition he also worked for a General Contractor as the General Manager for an additional 8 years and was responsible for the overall safety program and operations of the administration & field employees. He has a Masters Degree in Business Administration and Certificate from The University of California Irvine in Light Construction and Development Management. OSHA Safety Certified & SCRRA Metro -link safety certified. 2. Abel Vega has been working in the construction field for over 15 years in the capacity of Superintendent, Foreman and Journeyman working his way through the ranks. He has managed multiple projects simultaneously and individually with an excellent safety record in accordance to budget and project completion. OSHA Safety Certified & SCRRA Metro -link safety certified. ® Expectations- It is our intention to provide the City of Newport Beach a completed project according to the assigned budget and time schedule included at the pre- construction meeting ® Ongoing Training- we provide additional training semi - annually to all employees for various safety aspects and job procedures for on the job training ® Responsibilities - Pointer Enterprises has a responsible crew and supervisory team that will be onsite to perform the work required to complete your project ■ Authority- The company follows a strict chain of command policy with journeymen employee relations, to trades specific, sub contractors, foreman, superintendent, project manager and all the way up to the company President CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEACH COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of OmhGP ) Rc ini'@r being first duly sworn, deposes and says hat � is �9 Y�� i �f'dan� os T� t�iYliQr 1^iYLIBC Prl $. Ir,cJ, tPRe kakRn the foregoing bid;.that the 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, paid, and will not pay, any fee to any corporation, partnership, company association, organization, bi de sitory, 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 S t of C liforn' hatthe foregoing is true and correct. TA,2ifN c Bidder d.tat Poivtier Fn-terpieV9 Aut orize Sig ure/Title Subscribed and sworn to (or affirm 2ed) before me on this2n day of i 'F3,`2010 by :UngL A-V , personally known to me or proved to me on the basis of satisfactory evidence to be the person() 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. Notary Public CHRISTINE WASH ry CDMM: # 1751215 [SEAL] ' e N NOTARY PMUC - ca:Wo84 ' araR COUNTY My Commission Expires: My CWUl . Expires June 10, 2011 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEACH COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 DESIGNATION OF SURETIES Bidders name / � 1;m o h - eY'pr156 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): C,- � iSn� i �I Z (l - I oa-3 C �} �' - z} - 2s AAA "UPW101A bD-Y� As 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEACH COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders NameT.Pj 1Yi_C, c� ba >70� n fey- F�nteYpYlses Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Yearof for for for for for Record 2009 2008 2007 2006 20.05 Total 2010a No. of contracts 1ci It 22 IV 1'2,— 20 " ID Total dollar (aunt of tacts(In 1.2 1.�j 11 �:� •Z U.ousands of $ .� No. of fatalities 0 No. of lost Workday Cases d to t tZ5 0 No. of lost workday cases involving permanent �J 7%S 11��-'' transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Business Address: l2 I Int 14nt -; #z 11) 4. L4 Business Tel. No.: 711i u2 6�,3i `7 State Contractor's License No. and S Z� I ,7 �� A 3 Classification: `I Title (-eEi edn'r 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/r—erords. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the 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. (NOTARY ACKNOWLEDGMENT MUST BE ATTACHED] 16 ACKNOWLEDGMENT State of California % County of On � 2-` a/ u before rr . name and title of the officer) personally appeared U-1e, a-� -"e /L L44 S 1'r 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 (Seal) Y�9q CC q'L 83734 (� 4_ NOTARY PUB C GAUFORMA ..-� Os A OE (AU%TY O 'MyCn nilesPebruary9,2012 ACKNOWLEDGMENT .............. v................................. ....a.......................... State of California County of OrrtnG� } ss. On °t 1 2Z / c�C_k g before me, let I Y'1 Sbirw NOISPt Notary Public, personally appeared i YID "_J?cli x' who proved to me on the basis of satisfactory evidence to be the person whose name(') is subscribed to the within instrument and. acknowledged to me that te3§heAhey executed the same in G)'MerftHeir authorized capacity(!K, and that by Eg ir signaturesM on the instrument the personal, or the entity upon behalf of which the person(>o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHRISTINE WASFI _.. COMM: # 1751215 z ..___ .......:.....__ a ... 'NOTARY PUBLIC - CALIFORNIA 9 RIVERSIDE COUNTT Y MyComm. Expiies June 2071 Signature (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President /Secretary / Treasurer Other: Other Thumbprint of Signer Check here it no thumbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEACH COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 ACKNOWLEDGEMENT OF ADDENDA Bidders name The bidder shall signify receipt of all Addenda here, if any, and attach executed rnnv of nrMr nAn +n hiA rinr•� Amon +r 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEACH COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. "4507 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 Corporator. 1 &y)VFC' Ic/n 07i7 r � Inc nor-, Pbin r Business Address: al A+A(Cata— A'•2 10. -A I .I) . GA q'2-OgV C=r)-ke rJ Telephone and Fax California State Contractor's License No. and Class: � A � 3� (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: 12 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of(`CU} YdtGG IR The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have.you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No Are any claims or actions unresolved or outstanding? Yes / No a I 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. 1. %i• tXl�eicic-, YIG Bidderdba Pointer EniterprlseEi Owner or President of Title 61f2-.7-f"-,b113 Date On before me, Notary Public, personally appeared ; iYYU \Y�iE'C _ who proved to me on the basis of satisfactory evidence to be the person(Uj whose name) is subscribed to the within instrument and acknowledged to me that �y executed the same in i erftheir authorized capacity(iLs), and that by 'fir signatureK on the instrument the persorM, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �i (SEAL) Notary Public in and for said St My Commission Expires: )o ot-� -c \ 20 WV^ C OSTINEydASFI COMM: # 1751215 • d NpTAR'r PUBLIC - CALF FAY COMM. Expires �� g 2011 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 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 Kev 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 CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 THIS CONTRACT entered into this day of , 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and T.A. Pointer Enterprises, Inc., dba Pointer Enterprises, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS The work necessary for the completion of this contract consists of replacing doors and windows, skylights, cabinets, countertops, sinks, exterior and interior lighting fixtures and the associated wiring, rain gutters, and flooring, installing acoustical panels, and painting various surfaces. 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. 4507, 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. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seventy -Eight Thousand, Four Hundred Forty and 00/100 Dollars ($78,440.00). 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 Newport Beach, CA 92658 Attention: Tom Sandefur (949)644-3312 CONTRACTOR T.A. Pointer Enterprises, Inc. dba Pointer Enterprises 9121 Atlanta Avenue, #410 Huntington Beach, CA 92646 714- 842 -6317 714 - 842 -6319 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior 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. 1. Coverage and Limit Requirements. 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 23 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 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 anytime. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 24 i. 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 Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. 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. 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 25 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. 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. 26 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. 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 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. 27 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: 10M Leilani I. Brown CITY CLERK APPROVED AS TO FORM: WN lqd(qi eoni2Mulvihill�o Assistant City Attorney CITY OF NEWPORT BEACH A Municipal Corporation By: v Keith D. Curry Mayor T.A. POI dba Po: By: (Cc rpo Title: Pri By ENTERPRISES, INC. Enterprises 11 MN Title: Print Name: `e(— Please note: Corporations must complete and sign both places above Even if each office is held by the same individual. ': BOND PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE BOND PREMIUM IS $2,353.00 BOND F" "BCUTED IN TRIPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 BOND NO.20 -SUR- 209496 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,353.00 being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City Council of the City of NpewpporteBeach SState of California, by motion adopted, awarded to T.A. Pointer Enterprises, Inc., nerelnOer designated as the "Principal ", a contract for construction of CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS, Contract No. 4507 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. 4507 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract, NOW, THEREFORE, we, the Principal, and AMERICAN SAFETY CASUALTY 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 Seventy -Eight Thousand, Four Hundred Forty and 00/100 Dollars ($78,440.00) 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 falls 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 V�T)IESS WHEREOF, this instrument has been duly executed by the Principal and Surety abo med, on the 8TH day of NOVEMBER 2010. T.A. Pinter E'nke rises, Inc. (Principal) BP. D POINTER ENTE�tP SES AMERICAN SAFETY CASUALTY INSURANCE COMPANY Name of Surety 23901 CALABASAS ROAD, SUITE 1085 CALABASAS, CA 91302 Address of Surety (818) 871 -1060 Telephone Authorized SignatureMtle Agent YUNG T. MULLICK, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 State of California County of Orange ) On NOVEMBER 8, 2010 before me, JENNIFER C. MONEY, Notary Public (insert name and title of the officer) personally appeared YUNG T. MULLICK who proved to me on the basis of satisfactory evidence to be the person() whose name() is/am subscribed to the within instrument and acknowledged to me that hek�,J y executed the same in hishbecftPjr authorized capacity(i*, and that by histhv%Maic signature(s) on the instrument the person(), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici seal. au°i >x, JENNIFER C.GIBONEY COMNi. 1787084 ^ NOTAiIYPilBLIdCJ�IJFORk1A � � ORANGE COUNTY � Signature (Seal) t�ICaren EzNAYZ�1t dO Z a 0 H VO-, NUMBER 20-SIJR-209496 POWER OF ATTORNEY AwixwtvsUZrvfasoaaxct tutel make, ......... ---- c its true and lawful attorney-in-fact,for it and its name, place, and stead. to execute on behalf of the said Company, as surety, bonds, undertaking and contracts ql'suretyship to be gives to ALL OBLIGEES, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed m �nt the am of Seventy Eight Thousand Four Hundred Forty Dollars ($78,440.00) instrument vvidencing the applotatrnew in each case, for and on, beholf of the Company. to &=me and deliver. and affix the seat of the qrrpany M bonds. umlereadiings, cgcopuza cm. and suretyship obligations of all kkinds" , and said officur& my rconseve any such attorney-ba-fact or agent and revoke any power of anorney weviously granted to such persons. "-SOqp FURT]Mg�'i[bat any bond. -dEM);ing; mcc%m7ence, orsuner"Iup obligation shall be valid and binding upon the Company: (i);vhen signed by , the President or any Vice-Praidetut ad'amested and sealed (if aseal be reqwlned)�* my secretary or Assistant Secretary or (ii) 'when signed by the President or say V-�Prcsidat or, Secretary or Assistant secactary. and cowturai good and sealed (if a sent be required) by a duly authorized attorney-in-fact or agent or (iii) when duly executed nod stated (if a seal be required) by one or more aftomey-m-fact or agents pursuant m and within the limits of the authority evidenced by the power of attorney issued by the Qnp _= have the same force and affects as 'bough manually affixed. IN WITNESS WHEREOF, AnIeliM safety CasixalLy tinsmance Company has caused its official seat to be hermato affixed, and these presents to be signed by its President and attested by its secretary this l3ighti, day of Suirtember, 20M. �,e BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND COST BOND EXECUTED IN TRIPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 BOND NO. 20 -SUR- 209496 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Bepach Stte of California, by motion 0 PO➢V rERE TERP IS 5 adopted, has awarded to T.A. Pointer Enterprises, Inc., Aereinaiter designated as the "Principal," a contract for construction of CAROLL BEEK COMMUNITY CENTER IMPROVEMENTS, Contract No. 4507 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. 4507 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, AMERICAN SAFETY CASUALTY 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 Seventy -Eight Thousand, Four Hundred Forty and 00 /100 Dollars ($78,440.00) 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 Bord 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. WHEREOF, this instrument has been duly executed by the above named on the 8TH day of NOVEMBER 2010. DBA POINTER AMERICAN SAFETY CASUALTY TNNSURANCECOMPANY Name of Surety 23901 CALABASAS ROAD, SUITE 1085 CALABASAS, CA 91302 Address of Surety (818) 871 -1060 Telephone Authorized Signature/Title r Aut ¢e gent Signature YUNG T. MULLICK, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT State of California County of Orange ) On NOVEMBER 8, 2010 before me, JENNIFER C. GIBONEY, Notary . Public (insert name and title of the officer) personally appeared YUNG T. MULLICK who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he%� executed the same in hishber &vk authorized capacity(, and that by hisftm tleeix 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 off' ' I seal. N s, JENNIFER 0.G tWMEY COVAL0 1797064 KWARY PUBLIC'CAIJFORRIA ORANGE COUNTY NrCanm. Ephes 6lAY; M11 � Signature (Seal) do- .. - . NUMBER FAA ..__ 20 SUR- 209496 POWER OF ATTORNEY KNOW�LL MEi!I•.$Y THESE PRESFN'15 tlmtAmencan.Safery (3tua1[y Insurance Company hat made,wpstimred and appointed and by thesepresents_does make,, wnsntuocandappomts - _ _ its true and lawful attorney - is -fam for it and its name, place, and smad.to execute on behalf of the said Company, as surety, bonds, undertaking and Lt ruahts of suretyship to be given to - - - - - . - ALL OBLIGEES, - - - provided that no bond or undertaking or contact of suretyship executed under this authority sball exceed in amount the sum of Seventy Eight Thousand Four Hundred Forty Dollars ($78,440.00) This Lbwe r ofAttonreyjs -grantedapd is signed�dssatedUySacsumle under andfiy theauthpnty oE�Wefoftowmg Rticvluttwadvptedty $ � .Eoar3ctf_i3uectorsofilie�on�ny uttfheE�thda -y ofSepterabertN3. �_ -- _ _ _ -_ RESOLYED, that the President in cmjanehon with ilte Semetary or any Asssmnt Secretary may appbint attorneys m =fad[ orrtgents -ivtth aathonry'as defined;or lind[edtn- -The instrument evidencbig the.appointmem -m each case, -for and as behalf of -the Company, m execute and 3eliyerand affix the seal of the Company to bonds, undertakiags, . recogrtirances, and suretyship obligations of as triads; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted :to. such peisbns, - RESOLVED El)RTHER, that any bond andertaking, rec. ognizance, or.sumtyshtp obligation shall be valid and bindiag'upon the Company: or any V- mPmsident or Secretary of Assistant Secretary. and coometsigned and seated (if a seal be required) by a duly authorized attnmey -m -fact or agent, or (iii) when duly executed and stated (if a seal be required) by one or more attorney m fact or agents pursuant to and within the Limits of the authontyevidenced by the power of attorney issued' by the Odmpanp -N such persom�rPersons. _ _ __ _- � = JJ _. Have the same force and affects as though manually affixed. IN -WMESS WHEREOF, American Safety Casnalty Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by its President and attestedby.its Secretary. this Eigak day of September. 2003. .. - .. .. _ and in force. -� Signed and Sealed a the City of Atlanta, in the state of Creorgia. mber,2010 ORIG'IN4LS OF MIS PO If ER OF -I 'FI' ARE PRINTED If'ITH RED NUMENCA 1 L'a1BERE. DLPLIC- (TE.S'.SH9LL H.AI E THE .S-1:1 fE F'ORCEAW) EFFECT'ASAN ORIGINAL 0A'LF TTWEN MUED IA' C'ONJPNC TION IV1TH THE OraC'INAL THIS!':IS TO CERTfFY THAT THE POLICIES OF INSU RANGE LISTED BELOW HAVE BEEN ISSUED TO THE INS,URED.NAMED ABOVE'FOR'.THE POLICY PERIOD I,NDIGATEQ. NO]TAITHSTANDING ANY REOUIREMENT, TERM OR CONDITION .OF ANY CONTRACT OR OTHER DOCUMENT Wllli RESPECT TO WI-116H THIS,'. CERTIFICATE MAY BE; ISSUED.OR MAY PERTAIN, THE INSU RANCE:AFFORDED ;BY THE POLICIES, DESCRIBED "HEREIN ,IS SUBJECT`TO ALL THEE TERMS;, EXCLUSIONS AI ND'CONDITIONS.ORSUCH,P,OLICIES. LIMITS SHOWN MA'Y HAVE BEEN REDUCED:BV PAID CLAIMS. L7R,. ILTR - ryPE OF INSURANCE AO- L SR SUBR 1WD - POLICY NUMBER POLICY EFF MMIOofYYYY POLICY'EXP. MMIDDIYYYI' LIMITS. A GENERAL ❑A$ILITY $' COMMEROLN: GENERAL LIUBILITY CLAIMS, -MADE a6ccoR X C10CGL015869 -0.0' /25/2010 /25/2011 EACH OCCURRENCE $ 1;,- Bibb ,O.QO DAMAGE PR£MI ES Eaocarrence $ NED EXP(Any one person), : $ EXCLUDED PERSONAL, i ADV INaiRY $ 1,,000,000 GENERALfAGGREGA7E $ 2.; 000,0QQ :GEN`L AGGREGATELIMIT' APPLIES PER: X POLICY Xf.' PRO- LOC :PRODUCTS '- COMP/OPAGG: $ 2,,:6OO,00Q B - AUTOMOBILE LIABILITY AUTO', ALL OWNED. AUTOS :SCHEDULED:AUTOS' .HIREDAUTOS NON- OANEDAUTOS 0YC23034781 /31/2010 /3112011 COMBINEO'SINGLE LIMIT (Ea awdedU $ 1, pool ,0,00 BODILY INJURY (Per person) $ $ODILY INJURY'(Per'awident) $ 'PROPERTY DAMAGE (Pen accident) $ Medical payments, $ 5,000 Uninsured motorist.comlAmed $ 100,000 UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION. $ $ $ WORHERS COMPENSATION ,AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERfMEMBER'EXCLUDEDI (Mandafory in NH) Ityes; desuibe under DESCRIPTION OF OPERATIONS below NIA I WC STATU- OTH- Y EL, EACH ACCIDENT $ E.L. DISEASE - EA'EMPL,GYE. $ EL .DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aftach ACORD 101, Additional Remarks Schedule, if more space is required) Cancel Notice 10 days for non - payment of premium. Additional Insured: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this. policy. Includes primary wording and waiver of subrogation on general liability policy. Re: Caroll Beek Community Center Improvements, contract #4507 City of Newport Beach Public Works Department Attn: Tom Sandefur 3300 Newport Blvd. P.O. Box 1766 Newport Beach, CA 92658 ACORD 7517nn9 /ng1 SHOULD ANY OF THE ABOVE' DESCRIBED. POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE King /JUNE` "� (a) IARR_9nnR ACORD CORPn RATInN All rinhfc roseru.ri INS025 (2ooDos) The ACORD name and logo are registered marks of ACORD ADDITiONALINSUMD - OWNERS, LESSEES OR CONTRAG,TORS (FORIVI,B) CG 2010:11 &5 SCHEDULE' Name of Person or Organization; Anyperson or organization that the named: insured Is obltgated;by virtue of a written contract or agreement 1o'provide insurance'such as is afforded by this policy., WHO IS;AN INSURED (Spetion'li) Is amended to Include as an insured. the person or organization shown in the Schedule, but only. with [especfto'Nability arising out of 'Vour work" for thattnsWed by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement 1, Primary Wording If required by written contract or agreement, Such Insurance as is afforded by this policy shall be primary Insurance, and any insurance or self - insurance maintained by the above additional Insured(s) shall be excess of the Insurance afforded to the named; insured and shall.not contribute to it. 3 -. WaiverbfSubrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because Of payments we make for injury or damage .arising out of "your work" done under contract with that person or organization. 3. Neither the coverages provided by this Insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/ employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words "you" and "your" refer to the Named Insured shown in the Declarations. "Yourwork" means work or operations performed by you, or on your behalf; and materials, parts or equipment furnished In connection with such work or operations. ANF -ES 160 (5/ 2005) pr de., C"py POINENT -01 DELU ACORD„ CERTIFICATE OF LIABILITY INSURANCE C DATE 11 /2420101 71/24/2010 PRODUCER Automatic Data Processing Insurance Agency, Inc 1 ADP Boulevard Roseland, NJ 07068 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED POINTER ENTERPRISES 9121 ATLANTA AV#410 Huntington Beach, CA 92646- INSURER A, 5Star QBE POLICY EFFECTIVE DATE MM OD INSURER B: LIMITS INSURER AUTHORIZED REPRESENTATIVE INSURER D T - INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' N RD TYPE POLICY NUMBER POLICY EFFECTIVE DATE MM OD POLICY EXPIRATION DATE (MMIODfYYI LIMITS REPRESENTATIVES. AUTHORIZED REPRESENTATIVE GENERAL LIABILITY - EACH OCCURRENCE S A COMMERCIAL GENERAL LIABILITY PREMISES Ea pcarenc¢ $ _ CLAIMS MADE 1-1 OCCUR MED EXP (Any one person) $ PERSONAL& ADV INJURY $ ^T GENERALAGGREGATE $ GEN'L AGGREGATE _ LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POUCYFI PRO. LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY $ ALL OW NED AUTOS SCHEDULED AUTOS (Per person) HIREDAUTOS BODILY INJURY S NON -OW NED AUTOS (Per accident) PROPERTY DAMAGE $ _ . .........................__..__ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S S AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY i EACH OCCURRENCE S I OCCUR CLAIMS MADE AGGREGATE $ _ $ I 7 DEDUCTIBLE S S RETENTION S WORKERS COMPENSATION AND I WCSTIMRS,. JOTH. R_..,,_ A EMPLOYERS' LIABILITY EQB0100314 9/30/2010 9/30/2011 ,X_ E.L. EACH ACCIDENT „- _,- „,,,,, $ 1,000,000 ANY PROPRIETCRIPARTNENEXECUTIVE OFFICENMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 1,000,000 R Yes, describe under SPECIAL PROVISIONS below E, L, DISEASE - POLICY LIMIT $ 1,000,888 OTHER I, j I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS This certificate of insurance includes a waiver of subrogation in favor of the certificate holder. Job Reference: Caroll Beek Community Center Improvements Job Address: 115 Agate Ave., Newport Beach, CA 92662 Job Duration: 11115/2010 to 12117/2010 Type of Work: Tenant Improvements CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach Public Works 10 Department DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN 3300 Newport Blvd NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Newport Beath, CA 92658- IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ir” - ACORD 25 (2001/08) © ACORD CORPORATION 1988 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 12 14 A WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA Specific Waiver We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The premium charge for this endorsement shall be %5 of the California workers compensation standard premium otherwise due on such remuneration, subject to a minimum earned premium of $100.00 . Person or Organization CITY OF NEWPORT BEACH PUBLIC WORKS DEPT 3300 NEWPORT BLVD NEWPORT BEACH CA 92662 Notes: Schedule Job Description TENANT IMPROVEMENTS This endorsement than Aes the policy to which it is attached and is effective on the dale issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/15/2010 Policy No. EOB0100314 Endorsement No. 005 Insured POINTER ENTERPRISES Insurance Company PRAETORIAN INSURANCE COMPANY Countersigned By EQB0100314 20100930 005 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE Company: PRAETORIAN INSURANCE COMPANY WALL STREET PLAZA 88 PINE ST NEW YORK NY 10005 Insurer ID No(s). 21172 1. Named Insured: POINTER ENTERPRISES Mailing Address: 9121 ATLANTA AVE STE 410 HUNTINGTON BEACH, CA 92648 Insured Entity: CORPORATION FEIN: 820581422 WC040001 A (Ed. 7 -98) Policy No.: EQB0100314 Endorsement No.: 005 Endorsement Effective Date: 11/15/10 Intrastate Risk ID No.: Interstate Risk ID No.: Other workplaces not shown above: See Extension of Information Page —Schedule of Named Insured WC 04 00 02• "• • • • •' See Extension of Information Page — Schedule of Locations WC 04 00 03; • .. 2. The policy period is from 9/3 o /10 at 12:01 A.M. to 9/30/11 at 12:00 A.M. standard time at the insured's mailing address. 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: CA B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3A. The limits of our liability under Part Two are: Bodily Injury by Accident $ 1, 000, 000 each accident Bodily Injury by Disease $ 1,000,000 policy limit Bodily Injury by Disease $ 1, 00o, 000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: All states and U.S. territories except North Dakota, Ohio, Washington, Wyoming, Puerto Rico, the U.S. Virgin Islands, and states designated in item 3.A. of the Information Page. D. This policy includes these endorsements and schedules: See Extension of Information Page — Schedule of Forms WC 04 00 04 4. The premium for this policy will be determined by our Manual of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. Premium Basis Rate Per Estimated Code Estimated Annual $100 of Annual No. Classifications Remuneration Remuneration Premium See Extension of Information Page — Classifications WC 04 00 05 Experience Modification Total Estimated Annual Premium: $ 10, 769.85 Minimum Premium $ 1,000.00 Deposit Premium: $ 9,459.99 Premium Adjustment Period: Producer Information: (314) 965-7474 Servicing /Issuing Office (314) 965 -7474 F0012 F0012-ODADP FIVE STAR SPECIALTY PROGRAMS, FIVE STAR SPECIALTY PROGRAMS, A DIVISION OF CRUMP INS, INC A DIVISION OF CRUMP INS, INC 906 S KIRKWOOD ROAD 906 S KIRKWOOD ROAD ST LOUIS, NO 63122 ST LOUIS, MO 63122 Countersigned By Date 11/23/10 ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. .001a0.pp w 001aa. From the WCIRB's California Workers' Compensation Insurance Forms Manual 02001. nca001aa.ari% CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 11/1012010 Date Completed: 11/10/2010 Sent to Company /Person required to have certificate: I. GENERAL LIABILITY Dept. /Contact Received From: Shari Rooks Shari Rooks By: Michelle Ross T.A. Pointer Enterprises, Inc. A. INSURANCE COMPANY: Navigators Insurance Company B. AM BEST RATING (A-: VII or greater): "A "(X) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. E. F. G. H. 1. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes 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 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. ❑ No ❑ No ❑ No ® No II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: American States Insuarnce Co. B. AM BEST RATING (A-: VII or greater) "A "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: No info provided B. AM BEST RATING (A-: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO WHICH ITEMS NEED TO BE COMPL D? Workers' Compensation information is missine D 1 , / Agent of gown & Brow Broker of record for the of Newport Beach Date ❑ Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date 09/16/2010 THU 16:33 FAX CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 0002/003 Page: 1 of 2 CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO 4507 DATE: - - i BY: '/ City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents - all other conditions shall remain the same. SITE WALK QUESTIONS: 1. Q: Doors on plans are not ADA compliant as they do not show kick plate. A: All doors replacement doors shall meet ADA standards. Framing of the doors is to extend to the height required to meet ADA standard. 2. Q: Has the flooring been checked for asbestos and paint checked for lead? A: The City will do the appropriate testing /certifying prior to award. For the purpose of the bids, assume no special treatment necessary for paint/flooring. 3. Q: The header below the fixed glass in the front of the building appears to have termite damage. Should we anticipate replacing that wood? A: Yes. Please add the existing 4° x 8" header for replacement. 4. Q: Does the City plan on replacing the entire roof or just as shown on the Plans? A: The City does not plan on replacing the entire roof for this project. Please bid as shown on the plans. i:lusers \pbw\ shared \contracts\fy10- 11 \carroll beek comm. center remodel c- 4507\addendum no 1.doc 09/16/2010 THU 16:33 FAX 0003/003 Page: 2 of 2 5. Q: Can the City provide a copy of the mandatory site walk participants? A: See attached. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. A bid may be considered nonresponsive unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. i:\ users \pbw\ shared \contracts \fy10- 11\carroll beek comm. center remodel c- 4507\addendum no 1.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4307 in aeeordance 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 Mobilizatonh�,��� @ Dollars and Cents rCOD, Per Lump Sum 2. Lump Sum Carroll Beek Remodel S`ixjf kbiP-,7 Dollars //^ Cents $ &-71 L�q o �m er Lump Sum 3. Lump Sum As Built Plans @ %T)YP�i- E}7.Ca11`Dollars and Cents $ -6z QD Per Lump Sum PR2of2 ITEM OUANT►TY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS and V Cents CPVAC %iC'c aC) 0 Date' / Bidder's Telephorie and Fax Numbers Bidder's License No(s). Total Price (Figures) The selection of lowest responsible bidder shall be based on the Total Base Bid amount above. The bid amount entered for the additive bid item below is for the sole purpose of City information. The City may, during construction, elect to construct one, all, or none of these additive bid items through Change Order(s). Al. Lump Sum Window Tinting @ _Dollars and Cents Per Lump Sum A2. Lump Sum T -8 Uplight with Reflector @ Y Dollars and Cents Per Lump Sum ,�/� �7s, PUBLIC WORKS DEPARTMENT 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 INDEX FOR SPECIAL PROVISIONS CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICTATIONS 2 -5.3 Submittals 2 -5.3.1 General 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 5 UTILITIES 5 -1 LOCATION 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 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 6 -9 LIQUIDATED DAMAGES 4 6 -11 PRE -BID MEETING 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -5 PERMITS 4 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents and Temp Parking Permits 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 7 PART 2--- CONSTRUCTION MATERIALS SECTION 215 BUILDING CONSTRUCTION MATERIALS 8 215 -1.1 Skylights 8 215 -1.2 Doors 8 215 -1.3 Door Hardware 8 215 -1.4 Windows 8 215 -1.5 Sink 8 215 -1.6 Countertop 8 215 -1.7 Cabinetry 8 215 -1.8 Carpet Tile Flooring 8 215 -1.9 Vinyl Composite Tile Flooring 8 215 -1.10 Acoustical Panels 8 215 -1.11 Restroom Light Fixtures 8 215 -1.12 Restroom Exhaust Fans 8 215 -1.13 Exterior Wood 8 215 -1.14 Trellis Material 8 215 -1.15 Gutter and Downspouts 9 215 -1.16 Kitchen Stove 9 215 -1.17 Vinyl Wall Base 9 215 -1.18 Interior Fluorescent Lights 9 215 -1.19 Outdoor Light Fixtures 9 215 -1.20 Paint 9 215 -1.21 Window Tinting 9 215 -1.22 Presentation Lighting 9 215 -1.23 Assembly Room Uplighting 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General TECHNICAL SPECIFICATIONS SECTION 08160 —SLIDING GLASS DOORS 10 SECTION 085113— ALUMINUM WINDOWS 16 SECTION 08710 — DOOR HARDWARE 24 SECTION 088000 — GLAZING 36 SECTION 12355 — WOOD KITCHEN CABINETS 41 Last saved by srooks08l18 12010 11:34 AM f: \users \pbw\shared \contracts \fy 10- 1 1\carroll beck comm. center remodcl c-4507 \specs index c- 4507.doe ,To] 10 10 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SP 1 OF 43 CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS CONTRACT NO. 4507 INTRODUCTION T.26 16 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B- 5218 -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; (5) The City of Newport Beach Building Permit 1101 -2010. 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 -5 PLANS AND SPECIFICATIONS 2 -5.3 Submittals 2 -5.3.1 General. Add to this section: "All materials installed as part of the renovation shall be subject to approval by the City. Submittals shall include, when required by the Engineer, a sample of the material, a color sample, manufacturer performance data sheets, and manufacturer installation instructions. No materials shall be installed prior to approval by the Engineer." 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of replacing doors and windows, skylights, cabinets, countertops, sinks, exterior and interior lighting fixtures and the associated wiring, rain gutters, and flooring, installing acoustical panels, and painting various surfaces." SP 2 OF 43 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. 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 5--- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." SP3OF43 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 25 consecutive working days after the date on the Notice to Proceed but in no case later than January 1, 2011. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4tH the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1st July 41H November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 5:00 p.m. Monday through Friday. SP4OF43 The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 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 $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 PRE -BID MEETING. The City will conduct a pre -bid site meeting on the date and at the time specified in the Invitation to Bid. Bidder attendance at this meeting is MANDATORY. All bidders shall meet at the Carroll Beek Community Center, 115 Agate Avenue, Balboa Island. The purpose of the Mandatory Pre -bid Site Meeting is to acquaint prospective bidders with the site, local physical features, site logistics, obstructions, water and power sources, and security conditions and issues. The conditions and requirements of these Specifications will govern over any information presented at the Pre -bid Site Meeting. Addenda will be prepared and issued, as necessary, to effect any changes to these specifications. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Replace this section with "The project is deemed `permit- ready' by the City's Building Department (Plan Check No. 1101 - 2010). The Contractor shall obtain building permits for the renovation from the Building Department. City of Newport Beach plan check, building permit and inspection fees will be waived." SP5OF43 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "The Contractor will have gratis use of the City's water and power at the site." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newi)ortbeacca.gov /publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The SP6OF43 Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "B" 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 up -to -date and reviewed by the Engineer at the time each progress bill is submitted. SP 7 OF 43 Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built' drawings. The "As- Built' plans 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 price shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Carroll Beek Improvements: Work under this item shall all materials, tools, equipment, and labor to compete all work shown on the Drawings and Specifications. Item No. 3 As Built Plans ADDITIVE BID ITEMS Item No. Al Tint Upper South Windows: Work under this item shall include tinting the upper windows of the facility with 3M Neutral 50 window tint. Item No. A2 T8 Uplight with Reflector: Work under this item shall include providing and installing a 4 -foot T8 uplight with reflector including a new wiring /conduit run with a bank of four (4) new switches. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." SP8OF43 PART 2 CONSTRUCTION MATERIALS SECTION 215 - -- BUILDING CONSTRUCTION MATERIALS 215 -1 BUILDING MATERIALS 215 -1.1 Skylights Skylight lens replacement shall be Low White Translucent Acrylic dome as manufactured by Bristolite of Santa Ana. 215 -1.2 Doors. Doors shall be metal doors, aluminum frame doors with tempered glass or sliding pocket doors as shown on the Plans. 215 -1.3 Door Hardware All doors shall be provided heavy duty door hardware as approved by the Engineer. All glass windows shall be dual pane. Door panic bars and handles shall be as shown on the plans. 215 -1.4 Windows All windows shall be dual paned with aluminum frames. Glass shall be a laminated, Low -E insulating glass with inert gas fill. 215 -1.5 Sink Sinks shall be Kohler K -3206 and Kohler Gimlet K -6015 with three holes and shall include all necessary mounting hardware. 215 -1.6 Countertop. Countertop material shall be Samsung Staron FC155 "Shelf' 215 -1.7 Cabinetry Cabinets shall be pine cabinet units as shown on the Plans. They shall be covered in Wilsonart Laminate 4852 -38 Mission Shadow Type 335. 215 -1.8 Carpet Tile Flooring Carpet Tiles shall be manufactured by Shaw and be 10218 (Conundrum) and 18642 (Cryptoquote). 215 -1.9 Vinyl Composite Tile Flooring Vinyl Composite Flooring shall be AZ Rock V -957 "Fieldstone ". 215 -1.10 Acoustical Panels Acoustical panels shall be Lamvin Sonic 1" acoustical wall panels covered with Koroseal Wall coverings, Esquire E521 -28 "Washington" tackable 215 -1.11 Restroom Lighting Fixtures Light fixtures above sink area shall be Crescent Lighting Angled Wall Bracket model AWB232BL2Y. 215 -1.12 Restroom Exhaust Fans Exhaust fans shall be Broan HD80. 215 -1.13 Exterior Wood Exterior wood shall be pressure treated Douglas Fir grade No. 1 or better. 215 -1.14 Trellis Material Replacement trellis shall be constructed out of Trex material in "Classic White". SP9OF43 215 -1.15 Gutter and Downspouts Gutters and downspouts shall be 26 GA Aluminum. 215 -1.16 Kitchen Stove New kitchen stove shall be GE Hotpoint 24" free - standing gas range (white) RGA724PK with all connections and hardware included. 215 -1.17 Vinyl Wall Base Wall base vinyl shall be Burke 527 "Clay" around the perimeter of the assembly, kitchen and storage areas. 215 -1.18 Interior Fluorescent Lights Replace existing, 8 -foot strip fluorescent lights with 4 -foot T8 fluorescent light fixtures manufactured by Lithonia or equal as shown on Plan. 215 -1.19 Outdoor Light Fixtures Existing exterior surface mounted light fixtures are to be replaced with Day -Brite Lighting BIS -RLM Series Model Sophie, 57W Compact Fluorescent Part BIS- 57C -XX- SOP- D16 -FR. Surface housing shall be BBS- 57C- C -U -FR. Gooseneck shall be BGN1 -FR. 215 -1.20 Paint. Paint shall be Dunn Edwards in the following colors: DE -6197 "Modern Ivory" DE -6217 "Ancient Earth" DEA -155 "Arabian Red" DEA -133 "Rare Turquoise' DE -5222 "Orange Marmalade" DEA -126 "Leprechaun" Surfaces shall be scraped, sanded, patched, filled and caulked as necessary for proper paint adhesion. All surfaces shall be primed using either an interior or exterior primer compatible with the selected paints. Exterior surfaces shall be painted using Dunn - Edwards W701 "Evershield" paint. Interior surfaces shall be painted using Dunn - Edwards W940 "Permashell" paint. 215 -1.21 Window Tinting Tint windows using 3M Neutral 50 window tinting or approved equal. 215 -1.22 Presentation Lighting Light fixture for the front of the room shall be Prudential Lighting Wal18 6' long as shown on the Plans. 215 -1.23 Assembly Room Uplighting Light fixture with reflector to uplight the assembly room ceiling shall be manufactured by Lithonia or equal as shown on plans. SP 10 OF 43 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: 'Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www/ newportbeachca .aov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any debris or other deleterious material from the job site at the end of each workday." SECTION 08160 -- SLIDING GLASS DOORS PART 1 --GENERAL 1.1 SECTION INCLUDES A. Dual Track Sliding Glass Doors 1.2 REFERENCES A. AAMA 611 - Voluntary Specification for Anodized Architectural Aluminum. B. AAMA 1503 - Voluntary Test Method for Thermal Transmittance and Condensation Resistance of Windows, Doors and Glazed Wall Sections. C. ASTM A 36 /A 36M - Standard Specification for Carbon Structural Steel. D. ASTM B 221 / B221 M - Standard Specification for Aluminum and Aluminum - Alloy Extruded Bars, Rods, Wire, Profiles and Tubes. E. ASTM B 241 / B 241 M - Standard Specification for Aluminum and Aluminum -Alloy Seamless Pipe and Seamless Tube. F. ASTM C 1115 - Standard Specification for Dense Elastomeric Silicone Rubber Gaskets and Accessories. SP 11 OF 43 G. ASTM C 864 - Standard Specification for Dense Elastomeric Compression Seal Gaskets, Setting Blocks, and Spacers. H. ASTM E 283 - Standard Test Method for Determining the Rate of Air Leakage Through Exterior Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across the Specimen. ASTM E 330 - Standard Test Method for Structural Performance of Exterior Windows, Curtain Walls, and Doors By Uniform Static Air Pressure Difference. J. ASTM E 331 - Standard Test Method for Water Penetration of Exterior Windows, Curtain Walls, and Doors By Uniform Static Air Pressure Difference. K. ASTM E 1886 - Standard Test Method for Performance of Exterior Windows, Curtain Walls, Doors, and Impact Protective Systems Impacted by Missiles and Exposed to Cyclic Pressure Differentials L. ASTM E 1996 - Standard Specification for Performance of Exterior Windows, Curtain Walls, Doors and Impact Protective Systems Impacted by Windborne Debris in Hurricanes M. ASTM E 547 - Water Penetration of Exterior Windows, Curtain Walls, and Doors. N. AAMA 1503 - Voluntary Test Method for Thermal Transmittance and Condensation Resistance of Windows. Doors and Glazed Wall Sections O. AWS D1 - Structural Welding Code. P. FGMA - Flat Glass Marketing Association, Glazing Manual 1.3 PERFORMANCE REQUIREMENTS A. Thermal Movements: Provide sliding glass doors, including anchorage, that allow for thermal movements resulting from the following maximum change (range) in ambient and surface temperatures by preventing buckling, opening of joints, overstressing of components, failure of joint sealants, failure of connections, and other detrimental effects 1. Temperature Change material surface 1.4 SUBMITTALS 120- degrees F, ambient; 180 - degrees F, A. Product Data: Manufacturer's data sheets on each product to be used, including: 1. Preparation instructions and recommendations. SP120F43 2. Storage and handling requirements and recommendations. 3. Installation methods. B. Shop Drawings: Detailed drawings shall be prepared specifically for the project by manufacturer. Show opening dimensions, framed opening tolerances, profiles, product components, anchorages, accessories. 1. Elevations indicating size and configuration of fixed and sliding panels. 2. Detail sections of fittings. 3. Indicate location and sizes of anchorages and reinforcement. 4. Indicate material thickness, fastener locations, glazing and hardware arrangements. 5. Include schedule identifying each unit, with marks or numbers referencing drawings. 1.5 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing products specified in this Section with minimum 5 years experience in fabrication and erection of sliding glass door systems for projects of similar scope. B. Installer Qualifications: Experienced in performing work of this section that has specialized in installation of work similar to that required for this project. 1.6 DELIVERY, STORAGE, AND HANDLING A. Store products in manufacturer's unopened packaging until ready for installation. B. Protect factory finishes from damage, precipitation and construction materials until ready for installation. 1.7 PROJECT CONDITIONS A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits. B. Perform structural silicone sealant work when air temperature is above 10 degrees F. 1.8 WARRANTY A. Provide manufacturer's warranty that properly installed door system will be free from significant defects in material, workmanship, and uncontrolled water leakage for five years from date of Contract Acceptance. B. Warranty anodized aluminum finish for five years. SP 13 OF 43 C. For glazing, provide glazing manufacturer's standard warranty against defective materials, delamination, seal failure, and defects in manufacturing for at least ten years. PART 2 —PRODUCTS 2.1 SLIDING GLASS DOORS A. Provide sliding glass doors factory assembled and glazed, complete with weatherstripping, glazing, operating hardware and specified accessories. Door system shall be provided to fit the openings indicated on the Drawings. 2.2 MATERIALS A. Aluminum: 6063 -T6, 6063 -T5, or 6105 -T5 alloy and temper. Other alloys and tempers may be used for non - structural members provided they do not void the required warranties. Indicate alloys and tempers clearly on shop drawings and in structural calculations. 1. Framing Members: Thickness based on the design loading, cross sectional configuration, and fabrication requirement. 2. Aluminum Flashing and Closures: Minimum of 0.040 inches (1.0 mm) thick. 3. Snap -On Covers and Miscellaneous Non - Structural Trim: Minimum thickness recommended by the manufacturer. B. Glazing: Provide glazing type as recommended by the manufacturer for the project. C. Flashings: Sheet aluminum, same finish as for system components; secured with concealed fastening method or fastener with head finished to match; thickness as required for conditions encountered. D. Thermal Break: Manufacturer's standard thermal separation between exterior and interior components. E. Internal Reinforcing: 1. ASTM A 36/A 36M for carbon steel; or ASTM B 221/B 221 M and ASTM B 241/13 241M for structural aluminum. 2. Shapes and sizes to suit installation. 3. Shop coat steel components after fabrication with manufacturer recommended primer. F. Glazing Gaskets: Compression type design, replaceable; EPDM, complying with ASTM C 864, with solid strand cord to prevent shrinkage or; Elastomeric silicone with solid strand cord to prevent shrinkage, complying with ASTM C 1115, as recommended by the manufacturer. 1. Completely compatible with glazing sealant to be used. 2. Profile and hardness as necessary to maintain uniform pressure for SP 14 OF 43 watertight seal. 3. Manufacturer's standard black color. 4. Factory molded corners required at interior. G. Setting Blocks, Edge Blocks, and Spacers: As required by manufacturer and compatible with insulated glass where required. K Structural Glazing Sealant: GE Silpruf; black. I. Perimeter Sealant: GE Silpruf; color to match framing finish if available; otherwise color as selected from manufacturer's standard range. J. Anchors and Fasteners: 1. Aluminum and stainless steel of type which will not cause electrolytic action or corrosion. 2. Zinc cadmium - plated fasteners may be used if acceptable to manufacturer. 3. Finish exposed fasteners to match aluminum frame. K. Accessories: Provide accessories as scheduled to achieve design intent and environmental control. L. Aluminum Finish: Anodized complying with AAMA 611. 1. Color: Dark bronze. 2.3 FABRICATION A. Fabricate components in accordance with approved shop drawings. Remove burrs and rough edges. Shop fabricate to greatest extent practicable to minimize field cutting, splicing, and assembly. Disassemble only to extent necessary for shipping and handling limitations. Install gaskets and tapes in factory. B. Welding: 1. Comply with recommendations of American Welding Society. 2. Grind exposed welds smooth and flush with adjacent surfaces before finishing; restore mechanical finish. C. Steel Components: 1. Clean surfaces after fabrication and immediately prior to application of primer in accord with manufacturer's recommendations. 2. Apply specified shop coat primer in accord with manufacturer's instructions to provide 2.0 mil (0.05 mm) minimum dry film thickness. D. Fabricate components true to detail and free from defects impairing appearance, strength or durability. Contour outdoor horizontal glazing to minimize water ponding. E. Fabricate components to allow for accurate and rigid fit of joints and corners. Match components carefully ensuring continuity of line and design. Ensure SP 15 OF 43 joints and connections will be flush and weathertight. Ensure slip joints make full, tight contact and are weathertight. F. Reinforce components at anchorage and support points, at joints, and at attachment points for interfacing work. G. Glass: Accurately size glass to fit openings allowing clearances following recommendations of "Glazing Manual" published by Flat Glass Marketing Association. H. Cut glass clean and carefully. Nicks and damaged edges will not be accepted. Replace glass that has damaged edges. PART 3 —EXECUTION 3.1 EXAMINATION A. Do not begin installation until substrates have been properly prepared. B. Verify openings are ready to receive work and dimensions and clearances are as indicated on the approved shop drawings. 3.2 PREPARATION A. Clean surfaces thoroughly prior to installation. B. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. 3.3 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Install sliding glass door system in accordance with approved shop drawings and manufacturer's instructions. C. Separate dissimilar materials using nonconductive tape, paint, or other material not visible in finished work. D. Provide attachments and shims to permanently fasten system to building structure. E. Maintain dimensional tolerances and alignment with adjacent Work. F. Anchor securely in place, allowing for required movement, including expansion and contraction. G. Install glazing and sealants in accordance with manufacturer's instructions without exception, including surface preparations. H. Set sill members in bed of sealant. Set other members with internal sealants to provide weathertight construction. Install flashings, closures, corners, and other accessories as required or detailed. J. Clean surfaces and install sealant in accordance with sealant manufacturer's instructions and structure manufacturer's guidelines. 3.4 ADJUSTING AND CLEANING A. Adjust hinge sets, locksets, and other hardware for proper operation. Lubricate using a suitable lubricant compatible with door and frame coatings. B. Remove temporary coverings and protection of adjacent work areas. Repair or replace damaged installed products. Clean installed products in accordance with manufacturer's instructions before owner's acceptance. C. Any abraded surface of the finish shall be cleaned and touched up with air dry paint, as approved and furnished by the manufacturer, in a color to match factory applied finish. D. Remove from project site and legally dispose of construction debris associated with this work. 3.5 PROTECTION A. Protect installed products until completion of project. B. Touch -up, repair or replace damaged products before Substantial Completion. END OF SECTION SECTION 085113 — ALUMINUM WINDOWS PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and Specifications of the Contract, including Special Provisions, apply to this section. 1.2 SUMMARY A. Section includes fixed, aluminum- framed, window assemblies in the exterior walls of the building SP 17 OF 43 1.3 PERFORMANCE REQUIREMENTS B. Thermal Movements: Provide aluminum windows, including anchorage, that allow for thermal movements resulting from the following maximum change (range) in ambient and surface temperatures by preventing buckling, opening of joints, overstressing of components, failure of joint sealants, failure of connections, and other detrimental effects 1. Temperature Change: 120 - degrees F, ambient; 180 - degrees F, material surface 1.4 SUBMITTALS A. Product Data: Include construction details, material descriptions, fabrication methods, dimensions of individual components and profiles, hardware, finishes, and operating instructions for each type of aluminum window. B. Shop Drawings: Include plans, elevations, sections, details, hardware, attachments to other work, operational clearances, installation details, and the following: 1. Mullion details, including reinforcement and stiffeners 2. Joinery details 3. Expansion provisions 4. Flashing and drainage details 5. Weather- stripping details 6. Thermal break details 7. Glazing details C. Samples for Verification: For aluminum windows and components required, prepared Samples of size indicated below: 1. Window Corner Fabrication: 12 -by -12 -inch long, full -size window corner including full -size sections of extrusions with factory- applied color finish, weather stripping, and glazing. D. Qualification Data: For Installers E. Maintenance Data: For finishes to include in maintenance manuals. F. Warranties: Special warranty specified in this Section SP 18 OF 43 1.5 QUALITY ASSURANCE A. Installer Qualifications: An installer acceptable to aluminum window manufacturer for installation of units required for this Project B. Manufacturer Qualifications: A manufacturer capable of fabricating aluminum windows that meet or exceed performance requirements indicated and of documenting this performance by inclusion in lists and by labels, test reports, and calculations. C. Source Limitations: Obtain aluminum windows through one source from a single manufacturer. D. Product Options: Information on Drawings and in Specifications establishes requirements for aluminum windows' aesthetic effects and performance characteristics. Aesthetic effects are indicated by dimensions, arrangements, alignment, and profiles of components and assemblies as they relate to sightlines, to one another, and to adjoining construction. Performance characteristics are indicated by criteria subject to verification by one or more methods including preconstruction testing, field testing, and in- service performance. E. Fenestration Standard: Comply with AAMA /WDMA 101 /I.S.2 /NAFS, "North American Fenestration Standard Voluntary Performance Specification for Windows, Skylights and Glass Doors," for definitions and minimum standards of performance, materials, components, accessories, and fabrication. Comply with more stringent requirements if indicated. F. Glazing Publications: Comply with published recommendations of glass manufacturers and with GANA's "Glazing Manual" unless more stringent requirements are indicated. 1.6 PROJECT CONDITIONS A. Field Measurements: Verify aluminum window openings by field measurements before fabrication and indicate measurements on Shop Drawings. Ii TI4_i Oki cL1kiICA A. Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace aluminum windows that fail in materials or workmanship within specified warranty period. 1. Failures include, but are not limited to, the following: SP 19 OF 43 a. Failure to meet performance requirements b. Structural failures including excessive deflection, water leakage, air infiltration, or condensation. c. Faulty operation of moveable sash and hardware. d. Deterioration of metals, other materials, and metal finishes beyond normal weathering. e. Failure of insulating glass. 2. Warranty Period: a. Window: Three (3) years from date of Contract Acceptance. b. Glazing: 10 years from date of Contract Acceptance. C. Metal Finish: 15 years from date of Contract Acceptance. PART 2 — PRODUCTS 2.1 MATERIALS A. Aluminum Extrusions: 1. ASTM B221 6063 -T5 Aluminum Alloy B. Aluminum Sheet: 1. ASTM B209 5005 -1-114 Aluminum alloy, 0.050" minimum thickness. C. Fasteners: Aluminum, nonmagnetic stainless steel, epoxy adhesive, or other materials warranted by manufacturer to be noncorrosive and compatible with aluminum window members, trim, hardware, anchors, and other components. 1. Reinforcement: Where fasteners screw anchor into aluminum less than 0.125 inch thick, reinforce interior with aluminum or nonmagnetic stainless steel to receive screw threads, or provide standard, non corrosive, pressed -in, splined grommet nuts. 2. Exposed Fasteners: Unless unavoidable for applying hardware, do not use exposed fasteners. For application of hardware, use fasteners that match finish of member or hardware being fastened, as appropriate. SP 20 OF 43 D. Anchors, Clips and Accessories: Aluminum, non magnetic, stainless steel, or zinc - coated steel or iron complying with ASTM B 633 for SC 3 severe service conditions. E. Thermal Barrier: Provide continuous thermal barrier by means of 6/6 nylon polyamide glass fiber reinforced pressure extruded bars bonded to the aluminum by manufacturer. Systems employing non structural type thermal barriers are not acceptable. 2.2 WINDOWS A. Condensation - Resistance Factor (CRF): Provide aluminum windows tested for thermal performance according to AAMA 1503 and provide documentation of the windows' CRF. B. Thermal Transmittance: Provide aluminum windows with whole- window, U- factor maximum indicated at 15 -mph exterior wind velocity and winter condition temperatures with tested according to ASTM E 1423. 1. U- Factor: 0.37 BTU /sq.ft x h x degF or less C. Air Infiltration: Maximum rate not more than indicated when tested according to AAMA/WDMA 101 /I.S.2 /NAFS, Air Infiltration Test. 1. Maximum Rate: 0.03 cfm /sq. ft of area at an inward test pressure of 6.24 Ibf /sq ft. D. Water Resistance: No water leakage as defined in AAMA /WDMA referenced test methods at a water test pressure equaling a minimum of 12 /lbs /sq. ft., when tested according to AAMA /WDMA 101 /I.S.2 /NAFS, Water Resistance Test. Pi llk�r]A_JLL A. Glass and Glazing Materials: Refer to Section 08800 "Glazing" for glass units and glazing requirements applicable to glazed aluminum windows. 2.4 FABRICATION A. Fabricate aluminum windows in sized indicated. Include a complete system for assembling components and anchoring windows. B. Fabricate aluminum windows that are reglazable without dismantling the sash or ventilator framing. SP 21 OF 43 C. Thermally Improved Construction: Fabricate aluminum windows with an integral, concealed, low- conductance thermal barrier; located between exterior materials and window members exposed on interior side; in a manner that eliminated direct metal -to -metal contact. 1. Provide thermal -break construction that has been in use for not less than three years and has been tested to demonstrate resistance to thermal conductance and condensation and to show adequate strength and security of glass retention. 2. Provide thermal barriers tested according to AAMA 505; determine the allowable design shear flow per the appendix in AAMA 505 D. Weep Holes: Provide weep holes and internal passages to conduct infiltrating water to exterior. E. Mullions: provide mullions and cover plates as shown, matching window units, complete with anchors for support to structure and installation of window units. Allow for erection tolerances and provide for movement of window units due to thermal expansion and building deflections. 2.5 FINISHES, GENERAL A. Comply with NAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. B. Protect mechanical finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping. PART 3 — EXECUTION 3.1 EXAMINATION A. Examine openings, substrates, structural support, anchorage, and conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of work. Verify rough opening dimensions, levelness of sill plate, and operational clearances. Examine wall flashings, vapor retarders, water and weather barriers, and other built -in components to ensure a coordinated weathertight window installation. 1. Masonry Surfaces: Visibly dry and free of excess mortar, sand, and other construction debris. 2. Metal Surfaces: Dry; clean; free of grease, oil, dirt, rust, corrosion, and welding slag; without sharp edges or offsets at joints. SP 22 OF 43 B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Comply with Drawings, instructions for installing components. Shop Drawings, and manufacturer's written windows, hardware, accessories, and other B. Install windows level, plumb, square, true to line, without distortion or impeding thermal movement, anchored securely in place to structural support, and in proper relation to wall lashing and other adjacent construction. C. Set sill members in bed of sealant or with gaskets, as indicated, for weathertight construction. D. Install windows and components to drain condensation, water penetrating joints, and moisture migrating within windows to the exterior. E. Separate aluminum and other corrodible surfaces from sources of corrosion or electrolytic action at points of contact with other materials. 3.3 FIELD QUALITY CONTROL A. Manufacturer's Field Services: Upon request, provide manufacturer's field service consisting of site visit for inspection of product installation in accordance with manufacturer's instructions. B. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of any replaced or additional work with specified requirements. 3.4 ADJUSTING, CLEANING, AND PROTECTION A. Clean aluminum surfaces immediately after installing windows. Avoid damaging protective coatings and finishes. Remove excess sealants, glazing materials, dirt, and other substances. B. Protect window surfaces from contact with contaminating substances resulting from construction operations. In addition, monitor window surfaces adjacent to and below exterior concrete and masonry surfaces during construction for presence of dirty, scum, alkaline deposits, stains, or other contaminants. If contaminating substances do contact window SP 23 OF 43 surface, remove contaminants immediately according to manufacturer's written recommendations. End of Section SP 24 OF 43 SECTION 08710 DOOR HARDWARE PART 1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Door Hardware. B. Specific Omissions: Hardware for the following is specified or indicated elsewhere. 1. Windows. 2. Cabinets, including open wall shelving and locks. 3. Signs, except where scheduled. 4. Toilet accessories, including grab bars. 5. Installation. 6. Rough hardware. 7. Conduit, junction boxes & wiring. 1.2 REFERENCES: Use date of standard in effect as of Bid date. F. American National Standards Institute — ANSI 156.18 — Materials and Finishes. G. ICC /ANSI A117.1 - 1998 — Specifications for making buildings and facilities usable by physically handicapped people. H. ADA — Americans with Disabilities Act of 1990 I. BHMA — Builders Hardware Manufacturers Association J. DHI — Door and Hardware Institute K. NFPA — National Fire Protection Association 1. NFPA 80 — Fire Doors and Windows 2. NFPA 105 — Smoke and Draft Control Door Assemblies 3. NFPA 252 — Fire Tests of Door Assemblies L. UL — Underwriters Laboratories 1. UL10C — Positive Pressure Fire Tests of Door Assemblies. SP 25 OF 43 2. UL 305 — Panic Hardware M. WHI —Warnock Hersey Incorporated State of California Building Code N. Local applicable codes O. SDI — Steel Door Institute P. WI — Woodwork Institute Q. AWI — Architectural Woodwork Institute R. NAAMM — National Association of Architectural Metal Manufacturers 1.3 SUBMITTALS & SUBSTITUTIONS B. SUBMITTALS: Submit four copies of hardware schedule. Only submittals printed one sided will be accepted and reviewed. Organize vertically formatted schedule into "Hardware Sets" with index of doors and headings, indicating complete designations of every item required for each door or opening. Include following information: 1. Type, style, function, size, quantity and finish of hardware items. 2. Use BHMA Finish codes per ANSI Al 56.18. 3. Name, part number and manufacturer of each item. 4. Fastenings and other pertinent information. 5. Mounting locations for hardware. 6. Door and frame sizes, materials and degrees of swing. 7. Catalog cuts. 8. Manufacturer's technical data and installation instructions for hardware. C. Bid and submit manufacturer's updated /improved item if scheduled item is discontinued. D. Deviations: Highlight, encircle or otherwise identify deviations from "Schedule of Finish Hardware" on submittal with notations clearly designating those portions as deviating from this section. E. Items listed with no substitute manufacturers have been requested by Engineer to meet existing standard. F. Furnish as- built/as- installed schedule with closeout documents, including keying schedule, wiring diagrams, manufacturers' installation, adjustment and maintenance information, and supplier's final inspection report. SP 26 OF 43 1.4 QUALITY ASSURANCE: B. Hardware: Free of defects, blemishes and excessive play. Obtain each kind of hardware (latch and locksets, exit devices, hinges and closers) from one manufacturer. C. Exit Doors: Operable from inside with single motion without the use of a key or special knowledge or effort. D. Fire -Rated Openings: NFPA 80 compliant. Hardware UL10C / California State Fire Marshal Standard 12 -7 -4 (positive pressure) compliant for given type /size opening and degree of label. Provide proper latching hardware, non - flaming door closers, approved- bearing hinges, and resilient seals. Coordinate with wood door section for required intumescent seals. Furnish openings complete. E. See 2.6.D for added information regarding resilient and intumescent seals. F. Furnish hardware items required to complete the work in accordance with specified performance level and design intent, complying with manufacturers' instructions. G. Pre - Installation Meetings: Initiate and conduct with supplier, installer and related trades, coordinate materials and techniques, and sequence complex hardware items and systems installation. Include manufacturers' representatives of locks, panic hardware and door closers in the meetings. Convene prior to commencement of related work. 1.5 DELIVERY, STORAGE AND HANDLING: D. Delivery: coordinate delivery to appropriate locations. 1. Permanent keys and cores: secured delivery direct to Engineer. E. Acceptance at Site: Items individually packaged in manufacturers' original containers, complete with proper fasteners and related pieces. Clearly mark packages to indicate contents, locations in hardware schedule and door numbers. F. Storage: Provide securely locked storage area for hardware, protect from moisture, sunlight, paint, chemicals, dust, excessive heat and cold, etc. 1.6 PROJECT CONDITIONS AND COORDINATION: A. Where exact types of hardware specified are not adaptable to finished shape or size of members requiring hardware, provide suitable types having as nearly as practical the same operation and quality as type specified, subject to Engineer's approval. 1.7 SP 27 OF 43 B. Coordination: Coordinate hardware with other work. Furnish hardware items of proper design for use on doors and frames of the thickness, profile, swing, security and similar requirements indicated, as necessary for proper installation and function, regardless of omissions or conflicts in the information on the Contract Documents. Furnish related trades with the following information: 1. Location of embedded and attached items to concrete. 2. Location of wall- mounted hardware, including wall stops. 3. Location of finish floor materials and floor- mounted hardware. 4. Locations for conduit and raceways as needed for electrical, electronic and electro- pneumatic hardware items. Fire /life - safety system interfacing. Point -to -point wiring diagrams plus riser diagrams to related trades. 5. Manufacturer templates to door and frame fabricators. C. Check Shop Drawings for doors and entrances to confirm that adequate provisions will be made for proper hardware installation. D. Prior to submittal, carefully inspect existing conditions to verify finish hardware required to complete Work, including sizes, quantities, existing hardware scheduled for re -use, and sill condition material. If conflict between the specified /scheduled hardware and existing conditions, submit request for direction from Engineer. Include date of jobsite visit in the submittal. 1. Submittals prepared without thorough jobsite visit by qualified hardware expert will be rejected as non - compliant. WARRANTY: A. Part of respective manufacturers' regular terms of sale. Provide manufacturers' written warranties certificate stating the City as the owner entitled to warranty coverage: 1. Locksets: Three years 2. Exit Devices: 3. Closers: 4. Other Hardware Three years mechanical Ten years mechanical Two years SP 28 OF 43 PART PRODUCTS 2.1 MANUFACTURERS: ITEM: MANUFACTURER: Key System (SCH) Schlage Locks (SCH) Schlage Exit Devices Falcon 2.2 HINGING METHODS: A. Drawings typically depict doors at 90 degrees. Doors will actually swing to maximum allowable. Use wide -throw conventional or continuous hinges as needed up to 8 inches in width to allow door to stand parallel to wall for true 180 - degree opening. Advise Engineer if 8 -inch width is insufficient. B. Conform to manufacturer's published hinge selection standard for door dimensions, weight and frequency, and to hinge selection as scheduled. Where manufacturer's standard exceeds the scheduled product, furnish the heavier of the two choices. Notify Engineer of deviation from scheduled hardware. C. Conventional Hinges: Steel or stainless steel pins and concealed bearings. Hinge open widths minimum, but of sufficient throw to permit maximum door swing. 1. Outswinging exterior doors: non - ferrous with non - removable (NRP) pins and security studs. 2. Non - ferrous material exteriors and at doors subject to corrosive atmospheric conditions. D. Pivots: high- strength forged bronze or stainless steel, tilt -on precision bearing and bearing pin. 1. Bottom and intermediate pivots: adjustability of minus 1/16 inch, plus 1/8 inch. SP 29 OF 43 2.3 LOCKSETS, LATCHSETS, DEADBOLTS: A. Mortise Locksets and Latchsets: as scheduled. 1. Chassis: cold - rolled steel, handing field - changeable without disassembly. 2. Latchbolts: 3/4 inch throw stainless steel anti - friction type. 3. Lever Trim: through - bolted, accessible design, cast lever or solid extruded bar type levers as scheduled. Filled hollow tube design unacceptable. a) Spindles: security design independent breakaway. Breakage of outside lever does not allow access to inside lever's hubworks to gain wrongful entry. 4. Furnish solid cylinder collars with wave springs. Wall of collar to cover rim of mortise cylinder. 5. Thumbturns: accessible design not requiring pinching or twisting motions to operate. 6. Deadbolts: stainless steel 1 -inch throw. 7. Strikes: 16 gage curved steel, bronze or brass with 1 inch deep box construction, lips of sufficient length to clear trim and protect clothing. 8. Scheduled Lock Series and Design: Schlage L series, 06A design. 9. Certifications: a) ANSI A156.13, 1994, Grade 1 Operational, Grade 1 Security. b) ANSI /ASTM F476 -84 Grade 31 UL Listed. 2.4 EXIT DEVICES / PANIC HARDWARE A. General features: 1. Independent lab- tested 1,000,000 cycles. 2. Push - through push -pad design. No exposed push -pad fasteners, no exposed cavities when operated. Return stroke fluid dampeners and rubber bottoming dampeners, plus anti - rattle devices. 3. 0.75 -inch throw deadlocking latchbolts. 4. No exposed screws to show through glass doors. 5. Non - handed basic device design with center case interchangeable with all functions, no extra parts required to effect change of function. SP 30 OF 43 6. Releasable in normal operation with 15 -lb. maximum operating force per California State Fire Marshal Standard 12 -10 -3, and with 32 lb. maximum pressure under 250 -lb. load to the door. 7. Comply with CBC Section 1003.3.1.9. B. Specific features: 1. Non -Fire Rated Devices: cylinder dogging. 2. Lever Trim: breakaway type, forged brass or bronze escutcheon min .130" thickness, compression spring drive, match lockset lever design. 3. Rod and latch guards with sloped full -width kickplates for doors fitted with surface vertical rod devices with bottom latches. 4. Fire - Labeled Devices: UL label indicating "Fire Exit Hardware ". Vertical rod devices less bottom rod (LBR) unless otherwise scheduled. 2.5 CLOSERS A. Surface Closers: 1. Full rack - and - pinion type cylinder with removable non - ferrous cover and cast iron body. Double heat - treated pinion shaft, single piece forged piston, chrome - silicon steel spring. 2. ISO 2000 certified. Units stamped with date -of- manufacture code. 3. Independent lab- tested 10,000,000 cycles. 4. Non - sized, non - handed, and adjustable. Place closer inside building. 5. Plates, brackets and special templating when needed for interface with particular header, door and wall conditions and neighboring hardware. 6. Adjustable to open with not more than 5.Olbs pressure to open at exterior doors and 5.Olbs at interior doors. As allowed per California Building Code, Section 1133B.2.5, local authority may increase the allowable pressure for fire doors to achieve positive latching, but not to exceed 15lbs. 7. Separate adjusting valves for closing speed, latching speed and backcheck, fourth valve for delayed action where scheduled. 8. Extra -duty arms (EDA) at exterior doors scheduled with parallel arm units. 9. Exterior door closers: tested to 100 hours of ASTM 13117 salt spray test, furnish data on request. 10. Exterior doors: seasonal adjustments not required for temperatures from 120 degrees F to -30 degrees F, furnish checking fluid data on request. SP 31 OF 43 11. Non - flaming fluid, will not fuel door or floor covering fires. 12. Pressure Relief Valves (PRV) not permitted. 2.6 OTHER HARDWARE A. Kick Plates: Four beveled edges, .050 inches minimum thickness, height and width as scheduled. Sheet -metal screws of bronze or stainless steel to match other hardware. B. Door Stops: Provide stops to protect walls, casework or other hardware. 1. Unless otherwise noted in Hardware Sets, provide floor type with appropriate fasteners. Where floor type cannot be used, provide wall type. If neither can be used, provide overhead type. 2. Locate overhead stops for maximum possible opening. Consult with Owner for furniture locations. Minimum: 90deg stop / 95deg deadstop. Note degree of opening in submittal. C. Seals: Finished to match adjacent frame color. Resilient seal material: polyurethane, polypropylene, nylon brush, silicone rubber or solid high - grade neoprene as scheduled. Do not furnish vinyl seal material. UL label applied to seals on rated doors. Substitute products: certify that the products equal or exceed specified material's thickness and durability. Proposed substitutions: submit for approval. 2. Solid neoprene: MIL Spec. R6855 -CL III, Grade 40. Non - corroding fasteners at in- swinging exterior doors. 4. Sound control openings: Use components tested as a system using nationally accepted standards by independent laboratories. Ensure that the door leafs have the necessary sealed -in -place STC ratings. Fasten applied seals over bead of sealant. D. Thresholds: Comply with CBC Section 1133B.2.4.1. Submit for approval. 1. Exteriors: Seal perimeter to exclude water and vermin. Use sealant complying with requirements in Division 7 "Thermal and Moisture Protection ". Non - ferrous 1 /4inch fasteners and lead expansion shield anchors, or Red -Head #SFS -1420 (or approved equivalent) Flat Head Sleeve Anchors (SS /FHSL). Fire -rated openings, three hour duration: Thresholds, where scheduled, to extend full jamb depth. Acoustic openings: Set units in full bed of Division -7- compliant, leave no air space between threshold and substrate. 4. Plastic plugs with wood or sheet metal screws are not an acceptable substitute for specified fastening methods. SP 32 OF 43 5. Fasteners: Generally, exposed screws to be Phillips or Robertson drive. Pinned TORX drive at high security areas. Flat head sleeve anchors (FHSL) may be slotted drive. Sheet metal and wood screws: full- thread. Sleeve nuts: full length to prevent door compression. 2.7 FINISH: B. Generally BHMA 626 Satin Chromium and 613 oil rubbed bronze. C. Door closers: factory powder coated to match other hardware, unless otherwise noted. D. Aluminum items: match predominant adjacent material. Seals to coordinate with frame color. 2.8 KEYING REQUIREMENTS: A. Key System: Schlage keyway, interchangeable core. For estimate use factory GMK charge. Initiate and conduct meeting(s) with Engineer and Supplier representatives to determine system requirements and keybow styles. Furnish Engineer's written approval of the system. Match existing Schlage keying on site. B. Keys 1. Existing factory registered master key system. 2. Construction keying: furnish temporary keyed -alike cores. Remove at substantial completion and install permanent cores in Engineer's presence. Demonstrate that construction key no longer operates. 3. Furnish 2 construction keys. 4. Furnish 2 construction control keys. C. Key Cylinders: furnish 6 -pin solid brass construction. D. Cylinder cores: furnish keyed at factory of lock manufacturer where permanent records are maintained. Locks and cylinders same manufacturer. E. Permanent keys: use secured shipment direct from point of origination to Owner. F. Bitting List: use secured shipment direct from point of origination to Engineer upon completion. PART 3 - EXECUTION 3.1 PREPARATION: SP 33 OF 43 A. Ensure that walls and frames are square and plumb before hardware installation. Make corrections before commencing hardware installation. B. Locate hardware per SDI -100 and applicable building, fire, life- safety, accessibility, and security codes. 1. Notify Engineer of code conflicts before ordering material. 2. Locate levers, key cylinders, t -turn pieces, touchbars and other operable portions of latching hardware between 30 inches to 44 inches above the finished floor, per CBC Section 1133B.2.5.1. 3. Where new hardware is to be installed near existing doors /hardware scheduled to remain, match locations of existing hardware. C. Overhead stops: before installing, determine proposed locations of furniture items, fixtures, and other items to be protected by the overhead stop's action. 3.2 INSTALLATION A. Contractor shall ensure that all construction and workmanship shall confirm to California Building Code. B. Install hardware per manufacturers' instructions and recommendations. Do not install surface - mounted items until finishes have been completed on substrate. Set units level, plumb and true to line and location. Adjust and reinforce attachment substrate for proper installation and operation. Remove and reinstall or replace work deemed defective by Engineer. 1. Gaskets: install jamb - applied gaskets before closers, overhead stops, rim strikes, etc; fasten hardware over and through these seals. Install sweeps across bottoms of doors before astragals, cope sweeps around bottom pivots, trim astragals to tops of sweeps. 2. When hardware is to be attached to existing metal surface and insufficient reinforcement exists, use RivNuts, NutSerts or similar anchoring device for screws. 3. Use manufacturers' fasteners furnished with hardware items, or submit Request for Substitution with Engineer. 4. Replace fasteners damaged by power- driven tools. SP 34 OF 43 C. Locate floor stops no more that 4 inches from walls and not within paths of travel. See paragraph 2.2 regarding hinge widths, door should be well clear of point of wall reveal. Point of door contact no closer to the hinge edge than half the door width. Where situation is questionable or difficult, contact Engineer for direction. D. Locate overhead stops for minimum 90 degrees and maximum allowable degree of swing. E. Drill pilot holes for fasteners in wood doors and /or frames. F. Lubricate and adjust existing hardware scheduled to remain. Carefully remove and give to Engineer items not scheduled for reuse. G. Field verify existing conditions and measurements prior to ordering hardware. Fill existing hardware cut outs not being used by the new hardware. Remove existing hardware not being reused. H. Disable or remove existing floor closers where they exist. If disabled cut or remove spindle. I. Where existing wall conditions will not allow door to swing using the scheduled hinges, provide wide -throw hinges and if needed extended arms on closers. J. Provide proper brackets to accommodate the mounting of closers on doors with flush transoms. 3.3 ADJUSTING A. Adjust and check for proper operation and function. Replace units, which cannot be adjusted to operate freely and smoothly. 1. Hardware damaged by improper installation or adjustment methods: repair or replace to Engineer's satisfaction. 2. Adjust doors to fully latch with no more than 1 pound of pressure. 3. Adjust delayed- action closers on fire -rated doors to fully close from fully- opened position in no more than 10 seconds. 4. Adjust door closers per 1.9 this section. B. Inspection: Use hardware supplier's consultant or consultant's agent. Include supplier's report with closeout documents. C. Final inspection: Installer to provide letter to Engineer that upon completion installer has visited the Project and has accomplished the following: 1. Re- adjust hardware. 2. Evaluate maintenance procedures and recommend changes or additions, and instruct Engineer's personnel. 3. Identify items that have deteriorated or failed. SP 35 OF 43 4. Submit written report identifying problems 3.4 DEMONSTRATION: A. Demonstrate mechanical hardware and pneumatic hardware systems, including adjustment and maintenance procedures. 3.5 PROTECTION /CLEANING: A. Cover installed hardware, protect from paint, cleaning agents, weathering, carts /barrows, etc. Remove covering materials and clean hardware just prior to substantial completion. B. Clean adjacent wall, frame and door surfaces soiled from installation /reinstallation process. END OF SECTION F9:181 00 ► [ I I T:11 P I0 ar] A_ VA I ► [e 1 PART 1 —GENERAL 1.1 RELATED DOCUMENTS SP 36 OF 43 A. Drawings and Specifications of the Contract, including Special Provisions, apply to this section. 1.2 SUMMARY A. Section includes glazing for the following products and applications, including those specified in other Sections where glazing requirements are specified by reference to this Section: 1. Windows 2. Doors 3. Skylights 1.3 DEFINITIONS A. Glass Manufacturers: Firms that produce primary glass, fabricated glass, or both, as defined in referenced glazing publications. B. Glass Thickness: Indicated by thickness designations in millimeters according to ASTM C 1036 1.4 PERFORMANCE REQUIREMENTS A. General: Installed glazing systems shall withstand normal thermal movement and wind and impact loads (where applicable) without failure, including loss or glass breakage attributable to the following: defective manufacture, fabrication, or installation; failure of sealants or gaskets to remain watertight and airtight; deterioration of glazing materials; or other defects in construction. B. Thermal Movements: Allow for thermal movements from ambient and surface temperature changes acting on glass framing members and glazing components: 1. Temperature Change: 120 - degrees F, ambient; 180 - degrees F, material surface 1.5 SUBMITTALS A. Product Data: For each glass product and glazing material indicated. SP 37 OF 43 B. Glazing Schedule: List glass types and thicknesses for each size opening and location. Use same designations indicated on Drawings. C. Qualification Data: For Installers D. Product Certificates: For glass and glazing products, from manufacturer. E. Warranties: Sample of special warranties. 1.6 QUALITY ASSURANCE A. Installer Qualifications: A qualified installer who employs glass installers for this Project who are certified under the National Glass Association's Certified Glass Installer Program. B. Source Limitations for Glass: Obtain glazing from single source from single manufacturer for each glass type. C. Source Limitations for Glazing Accessories: Obtain from single source from single manufacturer for each product and installation method. D. Safety Glazing Labeling: Where safety glazing labeling is indicated, permanently mark glazing with certification label of the SGCC or another certification agency acceptable to authorities having jurisdiction. Label shall indicate manufacturer's name, type of glass, thickness, and safety glazing standard with which glass complies. 1.7 DELIVERY, STORAGE, AND HANDLING A. Protect glazing materials according to manufacturer's written instructions. Prevent damage to glass and glazing materials from condensation, temperature changes, direct exposure to sun, or other causes. B. Comply with insulating -glass manufacturer's written recommendations for venting and sealing units to avoid hermetic seal ruptures due to altitude change. 1.8 PROJECT CONDITIONS A. Environmental Limitations: Do not proceed with glazing when ambient and substrate temperature conditions are outside limits permitted by glazing material manufacturers and when glazing channel substrates are wet from rain, condensation, fog, or other causes. SP 38 OF 43 1.9 WARRANTY A. Manufacturer's Special Warranty for Coated -Glass Products: Manufacturer's standard form in which coated -glass manufacturer agrees to replace coated -glass unity that deteriorate within specified warranty period. Deterioration of coated glass is defined as defects developed from normal use that are not attributed to glass breakage or to maintaining and cleaning coated glass contrary to manufacturer's written instructions. Defects include peeling, cracking, and other indications of deterioration in coating: 1. Warranty Period: Ten (10) years from date of Contract Acceptance. PART 2 — PRODUCTS 2.1 GLASS PRODUCTS, GENERAL A. Thickness: Where glass thickness is indicated, it is a minimum. 2.2 GLASS PRODUCTS A. Door Glass: Glass to be used in the doors shall be dual paned, low -e glass with inert gas fill. B. Window Glass: Glass to be used in the windows shall be dual paned, low -e glass with inert gas fill. C. Skylight Glass: Glass to be used in the replacement skylight lenses shall be Low White Acrylic Dome as manufactured by Bristolite of Santa Ana. A. Dense Compression Gaskets: Molded or extruded gaskets of profile and hardness required to maintain watertight seal made from the following: 1. Neoprene complying with ASTM C 864. B. Soft Compression Gaskets: Extruded or molded, closed -cell, integral - skinned neoprene gaskets complying with ASTM C 509, Type II, black; of profile and hardness required to maintain watertight seal. 1. Application: use where soft compression gaskets will be compressed by inserting dense compression gaskets on opposite side of glazing or pressure applied by means of pressure - glazing stops on opposite side of glazing. SP 39 OF 43 2.4 MISCELLANEOUS GLAZING MATERIALS A. General: Provide products of material, size, and shape complying with referenced glazing standard, requirements of manufacturers of glass and other glazing materials for application indicated, and with a proven record of compatibility with surfaces contacted in installation. B. Cleaners, Primers, and Sealers: Types recommended by sealant or gasket manufacturer 2.5 FABRICATION OF GLAZING UNITS A. Fabricate glazing units in sizes required to fit openings indicated for Project, with edge and face clearances, edge and surface conditions, and bite complying with written instructions of product manufacturer and referenced glazing publications, to comply with system performance requirements. PART 3 — EXECUTION [ �i � � Ie U 711 J_ � 7 [ � P► A. Examine framing, glazing channels, and stops, with Installer present, for compliance with the following: 1. Manufacturing and installation tolerances, including those for size, squareness, and offsets at corners. 2. Presence and functioning of weep systems. 3. Minimum required face and edge clearances. 4. Effective sealing between joints of glass- framing members. B. Proceed with installation only after unsatisfactory conditions have been corrected. K���:7�•7_17_til[�LJ A. Clean glazing channels and other framing members receiving glass immediately before glazing. Remove coatings not firmly bonded to substrates. B. Examine glazing units to locate exterior and interior surfaces. Label or mark units as needed so that exterior and interior surfaces are readily SP 40 OF 43 identifiable. Do not use materials that will leave visible marks in the completed work. 3.3 GLAZING, GENERAL A. Comply with combined written instructions of manufacturers of glass, sealants, gaskets, and other glazing materials, unless more stringent requirements are indicated, including those in referenced glazing publications. B. Adjust glazing channel dimensions as required by Project conditions during installation to provide necessary bite on glass, minimum edge and face clearances, and adequate sealant thicknesses, with reasonable tolerances. C. Protect glass edges from damage during handling and installation. Remove damaged glass from Project site and legally dispose of off Project site. Damaged glass is glass with edge damage or other imperfections that, when installed, could weaken glass and impair performance and appearance. D. Apply primers to joint surfaces where required for adhesion of sealants. 3.4 CLEANING AND PROTECTION A. Protect exterior glass from damage immediately after installation by attaching crossed streamers to framing held away from glass. Do not apply markers to glass surface. Remove nonpermanent labels and clean surfaces. B. Protect glass from contact with contaminating substances resulting from construction operations. If, despite such protection, contaminating substances do come into contact with glass, remove substances immediately as recommended in writing by glass manufacturer. C. Remove and replace glass that is broken, chipped, cracked, or abraded or that is damaged from natural causes, accidents, and vandalism, during construction period D. Wash glass on both exposed surfaces in each area of Project not more than four (4) days before date scheduled for inspections that establish date of Substantial Completion. Wash glass as recommended in writing by glass manufacturer. END OF SECTION 088000 SP 41 OF 43 SECTION 12355 -- WOOD KITCHEN CABINETS PART 1--GENERAL 1.1 SECTION INCLUDES A. Wall Cabinets. B. Base Cabinets. C. Handicapped Accessible Cabinets 1.2 REFERENCES A. ANSI A161.1 - Performance and Construction Standard for Kitchen and Vanity Cabinets. 1.3 DESIGN / PERFORMANCE REQUIREMENTS A. Perform Work in accordance with ANSI A161.1. HEM41J MITI I1ir_lx` A. Product Data: Manufacturer's data sheets on each product to be used, including: 1. Preparation instructions and recommendations. 2. Storage and handling requirements and recommendations. 3. Installation methods. B. Shop Drawings: Indicate casework locations, plans, elevations, rough -in and anchor placement dimensions and tolerances and clearances required. C. Verification Samples: For each finish product specified, two samples, minimum size 6 inches (150 mm) square, representing actual product, color and finish. D. Manufacturer's Certificates: Certify products meet or exceed specified requirements. 1.5 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing products specified in this section with minimum ten years documented experience. 1.6 DELIVERY, STORAGE, AND HANDLING A. Store products indoors, under cover in manufacturer's unopened packaging until ready for installation. SP 42 OF 43 1.7 PROJECT CONDITIONS A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits. PART 2 —PRODUCTS 2.1 MATERIALS AND CONSTRUCTION A. Face Frames: Mortise and tenon, glued and fastened. Horizontal rails 3/4 inch by 1 -1/2 inch kiln dried hardwood. Vertical stiles 3/4 inch by 1 -1/2 inch kiln dried hardwood. Center stiles 3/4 inch by 3 inches kiln dried hardwood. B. Cabinet Ends: Exposed ends 1/2 inch thick premium particle board. Wall cabinet ends rabbeted to receive tops, bottoms. Base cabinet ends rabbeted to receive floor and intermediate shelf. C. Cabinet Doors and Drawer Heads: Doors five piece hardwood frame door, type as specified. Drawer Heads type as specified. D. Drawer Construction: Box sides 7/16 inch thick medium density fiberboard white painted with lap joints glued and nailed. Bottoms 1/8 inch thick hardboard painted white finish. Drawer header attached. E. Drawer Construction: Box sides 7/16 inch thick medium density fiberboard printed woodgrain natural maple with lap joints glued and nailed. Bottoms 1/8 inch thick hardboard with printed woodgrain natural maple finish. Drawer header attached. F. Drawer Construction: Solid Pine drawer construction, solid 5/8 inch thick Pine drawer box with dovetail construction. Pine veneered bottom 1/4 inch thick, inlet on 4 sides. Clear finish. Drawer header attached. G. Drawer Construction: Five piece solid hardwood drawer matching drawer header. Five piece construction, 3/4 inch thick solid hardwood material with dovetail construction. Bottom 1/4 inch thick Pine veneered bottom, inlet on four sides. Clear finish. Drawer header attached. H. Wall Cabinet and Base Cabinet Shelving: 5/8 inch thick premium particle board with front edge smooth, fully adjustable in wall and base cabinets. Due to plumbing considerations, no shelving provided in sink bases or vanities. Base shelf is half depth. I. Wall Cabinets Top and Bottom: Wall cabinets not less than 1/2 inch thick particle board. Let into sides and face frame. All joints glued and power nailed. J. Base Cabinet Floors: Base cabinet floor not less than 1/2 inch thick particle SP 43 OF 43 board let into sides and face frame. All joints glued and power nailed. Back of floor set on supporting member, glued and fastened. K. Hardware: 1. Concealed hinges, self closing. 2. Drawer Slides, Side Mount: Epoxy coated captured glides with 75 pound capacity and lifetime warrantee. L. Cabinet Backs: All back are 1/8 inch thick standard hardboard. M. Finish: 1. All cabinets to be overlayed with Wilson Art 4852 -38 "Mission Shadow" laminate. PART 3 —EXECUTION 3.1 EXAMINATION A. Do not begin installation until substrates have been properly prepared. 3.2 PREPARATION A. Clean surfaces thoroughly prior to installation. B. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. 3.3 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Use anchoring devices and fasteners to suit conditions and substrate materials encountered. C. Set cabinet work items plumb and square, securely anchored to building structure. D. Carefully scribe cabinet work abutting other components E. Adjust doors, drawers, hardware, fixtures, and other moving or operating parts to function smoothly. F. Clean casework, shelves, and hardware. 3.4 PROTECTION A. Protect installed products until completion of project. B. Touch -up, repair or replace damaged products before Contract Acceptance. END OF SECTION F: \Users \PBW\ Shared \Contracts \FY10 -11 \Carroll Beek Comm. Center Remodel C -4507 \SPECS C- 4507.doc BEACH CITY OF NEWPORT BEACH r,'_T 2(.-1 2010 CITY COUNCIL STAFF REPORT rL `mm nnnnmN October 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 949 -644 -3312 or tandefur@NewportBeachCa.gov SUBJECT: CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS —AWARD OF CONTRACT NO. 4507 ISSUE Staff requests City Council approval to award the Carroll Beek Community Center Improvements to Pointer Enterprises. RECOMMENDATIONS 1. Approve the project drawings and specifications. 2. Reject the bid from A2Z Construction, Inc. as non - responsible. 3. Award Contract No. 4507 to Pointer Enterprises for the Total Bid Price of $84,635, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $8,500.00 to cover the cost of unforeseen work. 5. Approve Budget Amendment No, recognizing an additional $6,320 in State of California Department of Parks and Recreation 2002 Resources -Bond Act Grant funding and appropriating $6,320 to Account No. 7251-Cl 002023 DISCUSSION The Carroll Beek Community Center, located at 115 Agate Avenue serves as a community center for Balboa Island. The facility was originally built in 1980 and functioned for those thirty years without a major rehabilitation. The facility hosts many events and activities including barbecues, ,classes, community meetings, and child day care. The work necessary to complete this contract consists of replacing doors and windows, skylights, cabinets, countertops, sinks, exterior and interior lighting fixtures and the associated wiring, rain gutters, and flooring, installing acoustical panels, and painting various surfaces. Two additive bid items were included in the bid. The first item would add up- lighting to the community room to brighten the room and give a softer, more indirect light. The second item would tint the tall,, south -east facing windows in the Subject: Carroll Beek Community Center Improvements —Award of Contract 4507 October 26, 2010 Page 2 center to ameliorate the harsh afternoon glare and diminish the heat gain in the room on the sunniest days. At 10:00 A.M. on September 22, 2010 the City Clerk opened and read the following two bids for this project: BIDDER TOTAL BID AMOUNT Low A2Z Construction, Inc. $70,000.00 2 Pointer Enterprises $78,440.00 3 Unique Performance Construction $120,500.00 4 Vuoso Construction Co. $133,126.00 Due to the favorable bids received, two additive bid items are being recommended for inclusion in this contract. These two items bring the total bid price from Pointer Enterprises to $84,635, still below the Engineer's Estimate of $85,500. The apparent low bidder, A2Z Construction, Inc., has recently worked for the City (dba MJ Contractors, Inc.) on C -3913 Little Corona Restroom Rehabilitation. During the previous project, the ,Contractor was unable to satisfactorily complete the work, or work with City Staff in a productive manner. City Staff had to devote extensive time and effort to training the Contractor's employees on how to construct various aspects of the job. The Contractor was not consistently at the job site and had to be reminded that they were to be at the site and working. The Contractor also took a combative stance with Staff and often argued with Inspectors while refusing to perform the work as directed. As a result of Contractor delays, the project was finished substantially behind schedule. Based on the previous performance of this Contractor, Staff recommends finding A2Z Construction a non - responsible bidder and awarding to the second low bidder, Pointer Enterprises. The Pointer Enterprise's bid amount (not including the additive items) is 9% lower than the Engineer's Estimate of $85,500. The low bidder, Pointer Enterprises, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Pointer Enterprises' references indicates satisfactory completion of similar projects for other public agencies. Pursuant to the Contract Specifications, the Contractor will have 25 consecutive days to complete the work. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) of the CEQA Guidelines. This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are xfot environmentally sensitive. Subject: Carroll Beek Community Center Improvements —Award of Contract 4507 October 26, 2010 Page 3 PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared notices will be distributed by the Contractor to residents adjacent to the work area. FUNDING AVAILABILITY Sufficient funds will be available in the following account for the project. Account Description Carroll Beek Improvements Carroll Beek Improvements Facilities Maintenance and Repair Proposed uses are as follows: Account Number Purpose Amount 7011- C1002023 $ 20,000.00 7251- C1002023 $ 66,320.00 4390 -8040 $ 7,815.00 Total: $ 94,135.00 Vendor Purpose Amount Pointer Enterprises Construction Contract $ 84,635.00 Pointer Enterprises Construction Contingency $ 8,500.00 Various Construction Support, Printing $ 1,000.00 and Incidentals Total: $ 94,135.00 Prepared by: Submitted by:,Oe Tom Sandefur G. Badum Associate Civil Engineer u Works Director Attachments: Project Location Map City of Newport Beach BUDGET AMENDMENT 2010 -11 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND Account Transfer Budget Appropriations SOURCE: Division Number from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 11 BA -013 AMOUNT: $6,320.00 P X Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations to regonize additional 2002 Resources Bond Act grant funding for Carroll Beek Community Center Improvements. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description REVENUE ESTIMATES (3601) Fund/Division Account Description 250 48401 Contributions Fund - RZH Block Grant 2002 EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit $6,320.00 $6,320.00 Automatic System Entry. Signed: �D• ��' Financial Appro . Administrative Services Director Date Signed: Adminik4ve Approval: City Wrlkger Date Signed: City Council Approval: City Clerk Date Description Division Number 7251 Contributions Account Number C1002023 Carroll Beek Community Center Improvements Division Number Account Number Division Number Account Number Division Number Account Number Amount Debit Credit $6,320.00 $6,320.00 Automatic System Entry. Signed: �D• ��' Financial Appro . Administrative Services Director Date Signed: Adminik4ve Approval: City Wrlkger Date Signed: City Council Approval: City Clerk Date