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C-5542 - Police Facility HVAC Repair / Replacement
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 13, 2015 K & J Air Conditioning, Inc. Attn: Jerry Antolin 6609 Yosemite Buena Park, CA 90620 Subject: Police Facility HVAC Replacement — C-5542 Dear K & J Air Conditioning, Inc.: On November 12, 2014, 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 65 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 November 26, 2014. Reference No. 2014000510626. The Surety for the contract is Contractors Bonding and Insurance Company and the bond number is CSB0009320. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov EXHIBIT C CITY OF NEWPORT BEACH BOND NO.CSB0009320 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,364.00 , being at the rate of $20.00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to K & J Air Conditioning, Inc. hereinafter designated as the "Principal," a contract for Police Facility HVAC replacement in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Contractors Bonding and 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 Two Hundred Eighteen Thousand One Hundred Eighty Five Dollars and 00/100 ($218,185.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. K & J Air Conditioning, Inc. Page C-1 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 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 City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 27th day of kUy 114 2014 K & J Air Conditioning, Inc. Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety 111 Pacifica, #350, Irvine, CA 92618 Address of Surety (949)341-9110 Telephone 00, 0, /Z - Auth Ized Ignature/Title - Authorized Agel t Signature Edith Garibay, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED K & J Air Conditioning, Inc. Page C-2 ACKNOWLEDGMENT State of California County of ORA4GC.. II ) ss. r On 71ktiE i 20 14 before me, Scow j2 . PR1rs cE , Notary Public, personally appeared •jfai-V AWTOL-16JI I who proved to me on the basis of safisfactory 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/herttheir authorized capacity(ies), and that by his/herttheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SCOTT R. PRINCE WITN my h=al. Commissbn # 1552845 Notary Public • California Orange County Comm. Explines Soo 28.2016 Signature (seal) ACKNOWLEDGMENT State of California County of OltrrJ %E } ss. On 7wNt: 4 , 20_1 _J_ before me, 'TC env R_ piLINc67 Notary Public, personally appeared 'SEiRv-q A+JTONrJ 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/shetthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SCOTT R. PRINCE e 71 WITNE my hand and official seal. Commissl0n # 1952645 �` Notary Public - CaNforoie orange County A Comm. Explints 8e 28 Mill Igna re (seal) K & J Air Conditioning, Inc. CALIFORNIA••ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 05/27/14 before me, R Rivas Notary Public , Date Here Insert Name and Tine of the Officer personally appeared Edith Garibay------------- -- -------_______ Neme(s) of Signer(s) R. RIVAS Commission # 1954551 a -m Notary Public - California a z Orange County My Comm. Expires Oct 28, 2015+ who proved to a on the basis o satisf ctory evidence to be the person whose name(is/atsubscrlb to the within instrument and ackpowledged to me that /shelf executed the same in WherlWir authorized capacity and that by,,I;y6/her/ Ir slgnature(Won the instrument the persons K,, or the entity upon behalf of which the person(er 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 handoff' seal r Signature— Place Place Notary Seal Above Signature of Notary Public R. Rivas OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Off icer —Title(s):_ ❑ Partner —❑ Limited El General (Z Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee - ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RLI® CHC an Ftl ftm"ar P.O. Box 3967 1 Peoria, IL 61612-3967 Phone: (800)645-24021 Fm: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company, a Illinois corporation, and/or Contractors Bonding and Insurance Company, a Washington corporation (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: John F. Monroe, Edith Garibav, Eugene T. Zondlo, Rosa E Rivas jointly or severally III LIM �]Ly III Irvine , Mate or Cautomta as Attorney to Pact, with tall power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000.000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "AB bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to Issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 1,}lil day of December. 2013. .. iOlp...,,,, ` I Insurance Company Contractors . PGppR qTF �,�t•�,.CECO+'r,'e-, Bonding and Insurance Company Gp _ • = gz, ., .0- SEAL ,. _ a SEAL -- i 2 = State of Illinois 1979 .•' < • ,' ••., •,: Roy C. Die '''�"•by< Vice President } SS w4NINGtG 4100 14 ,$I E) „O��` County of Peoria 0 CERTIFICATE On this 13th day of December 2013 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the BLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, and/or Contractors. Bonding and Insurance Company, a Washington corporation, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that theResolutionof the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 9 7 t In . day of Mn �i . 901 . !tela C, RLI Insurance Company M. Bockler Notary Public Contractors Bonding and Insurance Company ,mss, "OFFICIAL SEAL" Roy C. Die Vice President P"&e JACQUELINE M. BOCKLER sa �oe COMa168KNY Ei1eIRRa e3 W 04758fa02e111 A0059913 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC February 3, 2015 K & J Air Conditioning, Inc. Attn: Jerry Antolin 6609 Yosemite Buena Park, CA 90620 Subject: Police Facility HVAC Replacement - C-5542 Dear K & J Air Conditioning, Inc.: On November 12, 2014 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 65 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 November 26, 2014, Reference No. 2014000510626. The Surety for the bond is Contractors Bonding and Insurance Company and the bond number is CSB0009320. Enclosed is the Labor & Materials Payment Bond. Sincerely, ,,''^- / Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov Premium: Included in Performance Bond. EXHIBIT B CITY OF NEWPORT BEACH BOND NO.CSB0009320 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to K & J Air Conditioning, Inc. hereinafter designated as the "Principal," a contract for Police Facility HVAC replacement in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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, Contractors Bonding and Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighteen Thousand One Hundred Eighty Five Dollars and 00/100 ($218,185.00) 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 attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 of seq. of the Civil Code of the State of California. K & J Air Conditioning, Inc. Page B-1 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 shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 27th K & J Air Conditioning, Inc. Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety 111 Pacifica, #350, Irvine, CA 92618 Address of Surety (949)341-9110 Telephone Edith Garibay, Attomey-in-Fact _ Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED K & J Air Conditioning, Inc. Page B-2 ACKNOWLEDGMENT State of California County of O9-Ar.1C* } ss. On �"'i� 20I� before me, Sca1r R• t'x 1ce Notary Public, personally appeared 76 A -f A"64 I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SCOTT R. PRINCE WITN S my hand ficial seal. Commission • 1952645 T7 Notary •California ./✓V/[/// Onnp nga County M Comm. 26.2015 Signature (seal) ACKNOWLEDGMENT State of California County of oaa.rdGIF }ss. On 7uaE Scor 20 14 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. :W71TNEmy hand nd I seal. Sig ature K & J Air Conditioning, Inc. SCOTT R. PRINCE Commission #e 1952645 Notary Public - California Oranps County M Comm. EWNI SM 26, 2015+ (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 05/27/14 before me, R Rivas Notary Public Date Here Insert Name and Title of the Officer personally appeared Edith Garibay- – -- — – Name(s) of Signer(s) R. RIVAS Commission # 1954551 a "'o Notary Public •California i Z' Orange County My Comm. Expires Oct 28, 2015 who proved to me on the basis of satisfactory evidence to be the person(ef whose name(s) is/arts subscribed to the within instrument and ac0owledgged to me that *4heftt}er executed the same inXs/her/tfadir authorized capacity(iesj, and that byhK/her0kdhr signaturg(s)'on the instrument the person(sy, or the entity upon behalf of which the person(W 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 o eel. Signature 64,f. Placa Notary Seal Above Signature of Notary Public R. Rivas OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General G6 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer Is Representing: Number of Pages: Signer's Name:, ❑ Individual Corporate Officer — Title(S): Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Signer Is Representing: "eguyen, d in Official Records, Orange County RECORDING RE UESTED BY AND Clerk -Recorder WHEN RECORDED ?l? RETUFI�f' 12 Vf4� I II II III II III' II III II III II II *II NO FEE 0 0 0 1 1 2 3 3 0 0$ City Clerk 2014000510626 9:00 am 11126114 City of Newport Beach -, 7 414 N12 1 _` 0.00 0.00 0.00 0.00 0.00 100 Civic Center Drive Of Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and K & J Air Conditioning of Buena Park, CA, as Contractor, entered into a Contract on May 14, 2014. Said Contract set forth certain improvements, as follows: Police Facility HVAC Replacement (C-5542) Work on said Contract was completed, and was found to be acceptable on November 12, 2014 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Contractors Bonding and Insurance Company. r BY` f Public Works Director City of Newport Beach &:INI;1K-AIIQi! I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on VU �/Iv y� 7 at Newport Beach, California. BY m City Clerk FORK i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 14, 2014 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: Police Facility HVAC Replacement (Contract No. 5542) • 16th Street Pump Station and Dolphin and Tamura Water Wells Improvements (Contract No. 5196) • West Newport Landscaping Project — Balboa Boulevard Beautification (C-4842) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincer ly, Leilani I. Brown, MMC City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and K & J Air Conditioning of Buena Park, CA, as Contractor, entered into a Contract on May 14, 2014. Said Contract set forth certain improvements, as follows: Police Facility HVAC Replacement (C-5542) Work on said Contract was completed, and was found to be acceptable on November 12. 2014 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Contractors Bonding and Insurance Company. BY fa -P Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. /� �y Executed on �yiI �/1� 4(/ )� �� at Newport Beach, California. BY ama City Clerk CITY OF F NEWPORT REACH City Council Staff Report November 12, 2014 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Fong Tse, Assistant City Engineer PHONE: (949) 644-3321 TITLE: Police Facility HVAC Replacement Project- Completion and Acceptance of Contract No. 5542 (CAP14-0003) ABSTRACT: At the May 13, 2014 regular meeting, City Council awarded the Police Facility HVAC Replacement Project Contract No. 5542 to K+J Air Conditioning, Inc. for a total contract amount of $268,012.00. This work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after this Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following account: Account Description Account Number Amount Facilities Maintenance 7480-C1002014 $ 294,612.00 Total: $ 294,612.00 M DISCUSSION: Overall Contract Cost/Time Summa The contract has now been substantially completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 268,012.00 Actual cost of bid items constructed: $ 268,012.00 Total change orders: $ 26,600.00 Final contract cost: $ 294,612.00 Prior to this project, twenty-nine of the thirty-one 20 -year old packaged heating, ventilation, and air conditioning (HVAC) units atop the Police Facilities were in poor condition and required frequent repairs. In addition to the recurrent mechanical issues, these former units were designed with outdated technology and were costly to operate. During the course of the work, it was brought to the Project Manager's attention by Police facility staff that two HVAC units that were originally designated to remain and continue to serve the Police Department's computer systems were inadequately cooling the computer server room. After further review it was found that both unit's condensers and coils had now deteriorated to a point where costly repairs would be needed within the next year. Upon considering the different repairs vs. replacement options and pricing, the project team determined that these two units should be included within this project now as a change order to take advantage of the reduced mobilization, crane, and equipment costs available through this capital Improvement project, rather than addressed at a later date. The final construction contract cost, including a 5 -year parts and labor extended warranty, was 9.92 percent above the original contract amount due to a contract change order in the amount of $26,600.00 for additional equipment replacement. A summary of the project schedule is as follows: Estimated Completion Date per 2013 Baseline Schedule 8/26/2014 Estimated Project Award for Construction 5/27/2014 Actual Project Award 5/13/2014 Contract Completion Date Per Notice To Proceed 8/22/2014 Actual Substantial Construction Completion Date 10/16/2014 M Actual Awarded Final Cost at Contingency % Due to % Due to Contract Completion Allowance Contract Directed Unforeseen Amount Change Change Change $268,012.00 $294,612.00 10% or less 9.92% 9.92% 0% Actual Time Allowed Contract Time (days) 1s -1 14 The contract has now been substantially completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 268,012.00 Actual cost of bid items constructed: $ 268,012.00 Total change orders: $ 26,600.00 Final contract cost: $ 294,612.00 Prior to this project, twenty-nine of the thirty-one 20 -year old packaged heating, ventilation, and air conditioning (HVAC) units atop the Police Facilities were in poor condition and required frequent repairs. In addition to the recurrent mechanical issues, these former units were designed with outdated technology and were costly to operate. During the course of the work, it was brought to the Project Manager's attention by Police facility staff that two HVAC units that were originally designated to remain and continue to serve the Police Department's computer systems were inadequately cooling the computer server room. After further review it was found that both unit's condensers and coils had now deteriorated to a point where costly repairs would be needed within the next year. Upon considering the different repairs vs. replacement options and pricing, the project team determined that these two units should be included within this project now as a change order to take advantage of the reduced mobilization, crane, and equipment costs available through this capital Improvement project, rather than addressed at a later date. The final construction contract cost, including a 5 -year parts and labor extended warranty, was 9.92 percent above the original contract amount due to a contract change order in the amount of $26,600.00 for additional equipment replacement. A summary of the project schedule is as follows: Estimated Completion Date per 2013 Baseline Schedule 8/26/2014 Estimated Project Award for Construction 5/27/2014 Actual Project Award 5/13/2014 Contract Completion Date Per Notice To Proceed 8/22/2014 Actual Substantial Construction Completion Date 10/16/2014 M Although the Contract Specifications provided K+J with fifteen (15) consecutive working days to complete all of the work, staff was made aware shortly after the project award that (1) Carrier, the equipment manufacturer, would not be able to deliver the non -stock units until at least two months after the order was placed and (2) the special coatings specified on all of the new condensers and coils for our salt -air operating environment would require an additional four weeks of shop time. Consequently, staff instructed K+J to replace the units in batches as they become available, with the least amount of interference to the Police Department's operations. As such, K+J completed the installation over four weekends for a total of fourteen (14) working days. The existing equipment analyses, replacement equipment specifications, and the construction inspection, testing, and commissioning of the new units were provided by Glumac, Inc. under separate contract for an amount of $17,900. ENVIRONMENTAL REVIEW: The Project was determined to be exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines. This Exemption covers the replacement or reconstruction of existing facilities where the new improvements will be located on the same site as the facilities replaced and will have substantially the same purpose and capacity as the facilities replaced. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Mao 6-3 WORK. LOCATION /' /e POLICE FACILITY HVAC REPLACEMENT ISsZfl_N1[6 0 1 A ATTACHMENT A SAN 'L ENTE DR Q C N.T.S. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5542 1 11/12/14 W _i ` 'r No POLICE FACILITY HVAC REPLACEMENT CONTRACT NO. C-5542 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 14th day of May, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and K & J Air Conditioning, Inc., a California corporation ("Contractor"), whose address is 6609 Yosemite Dr., Buena Park, CA 90620, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: Police Facility HVAC replacement. The work necessary for the completion of this Contract consists of obtaining the applicable no -fee building permit(s); removing and disposing of twenty-nine (29) existing rooftop HVAC units; making necessary adjustments and modifications to the existing platforms and ducting; installing new HVAC units; replacing obsolete circuit breakers as needed; air balancing; and other work as further detailed in the Contract documents (the "Project" or "Work"). C. 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, it is mutually agreed by and between the undersigned parties as follows: 1. 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 Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. C-5542, 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"), all of which are incorporated herein by reference. 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. 2. 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. 14�901 Lril :J 401&TA I IQ 011 3.1 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 Two Hundred Sixty Eight Thousand Twelve Dollars and 00/100 ($268,012.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 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. 4. 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 5. WRITTEN NOTICE 5.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third K & J Air Conditioning, Inc. Page 2 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 5.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jerry Antolin K & J Air Conditioning, Inc. 6609 Yosemite Dr Buena Park, CA 90620 6. 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 or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2 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 Contractor. 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all K & J Air Conditioning, Inc. Page 3 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, attorneys' 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, reckless, 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 for any or all of them). 7.4 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 attorneys' 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 Contractor. 7.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 7.6 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. 7.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 7.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. CHANGE ORDERS 8.1 This Contract may be amended or modified only by mutual written agreement of the parties. 8.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. K & J Air Conditioning, Inc. Page 4 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 9. 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. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. 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. 12. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] K & J Air Conditioning, Inc. Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: -Z - Or- AWaronC. • AttorneyCity ' • ATTEST: /^. Date: C/ 10.4 C � By: NM -4 Leilani . Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Dater , By: v Rush N. Hill, II Mayor CONTRACTOR: K & J Air Conditioning, Inc., a California corporation Date: Mme, - 3, 2,01q A By: Jerrytolin Presi ent ' [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond K & J Air Conditioning, Inc. Page 6 INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. 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 employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law 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 certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, 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) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an K & J Air Conditioning, Inc. Page A-1 insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: 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 other K & J Air Conditioning, Inc. Page A-2 endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A 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. F. 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 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. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall K & J Air Conditioning, Inc. Page A-3 have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. 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 agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with 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 with five (5) calendar days of the expiration of the coverages. K & J Air Conditioning, Inc. Page A-4 CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to K & J Air Conditioning, Inc. hereinafter designated as the "Principal," a contract for Police Facility HVAC replacement in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighteen Thousand One Hundred Eighty Five Dollars and 00/100 ($218,185.00) 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 attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 et seq. of the Civil Code of the State of California. K & J Air Conditioning, Inc. Page B-1 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 shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20_ Name of Contractor (Principal) of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED K & J Air Conditioning, Inc. Page B-2 ACKNOWLEDGMENT State of California County of )Ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of ) ss. (seal) 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature K & J Air Conditioning, Inc. (seal) fl:ilsl�i~ CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to K & J Air Conditioning, Inc. hereinafter designated as the "Principal," a contract for Police Facility HVAC replacement in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and '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 Two Hundred Eighteen Thousand One Hundred Eighty Five Dollars and 00/100 ($218,185.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. K & J Air Conditioning, Inc. Page C-1 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 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 City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of 20_ Name of Contractor (Principal) e of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED K & J Air Conditioning, Inc. Page C-2 ACKNOWLEDGMENT State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California County of }ss. On (seal) 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature K & J Air Conditioning, Inc. (seal) CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/8/14 Dept./Contact Received From: Raymund Date Completed: 5/9/14 Sent to: Raymund By: Chris Company/Person required to have certificate: K & J Air Conditioning Type of contract: All Others GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/7/14-517/15 A. INSURANCE COMPANY: U.S. Specialty Insurance Company B. AM BEST RATING (A-: VII or greater): A+:XIV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2,000,000/4,000,000 E. ADDITIONAL INSURED ENDORSEMENT—please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. 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 N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/8/14-4/8/15 A. INSURANCE COMPANY: _Mercury Insurance Company B. AM BEST RATING (A-: VII or greater) A+;XIII C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): G. HIRED AND NON -OWNED AUTO ONLY: H. NOTICE OF CANCELLATION: N/A III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 6/24/14-6/24/14 A. INSURANCE COMPANY: Mid Century Insurance Company B. C. D. E. F. G. H. AM BEST RATING (A-: VII or greater): A:XV ADMITTED Company (Must be California Admitted): WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM: NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED TV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 5/9/14 Date /1 ■ 1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No El N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No 0 N/A ❑ Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/15/14 Date Completed: 5/23/14 Dept./Contact Received From: Raymund Sent to: Raymund By: Chris Company/Person required to have certificate: KBPS Construction Service, Inc. Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/13-7/1/14 A. INSURANCE COMPANY: Old Republic General Insurance Corporation B. AM BEST RATING (A-: VIl or greater): A:IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No IL AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/13-7/1/14 A. INSURANCE COMPANY: Old Republic General Insurance Corporation B. AM BEST RATING (A-: VII or greater) A:IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $21M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/13-10/1/14 A. INSURANCE COMPANY: Old Republic General Insurance Corporation B. AM BEST RATING (A-: VII or greater): A:IX C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Date ■m/1 ■ RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date Premium: Included in Performance Bond. EXHIBIT B CITY OF NEWPORT BEACH BOND NO.CSB0009320 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to K & J Air Conditioning, Inc. hereinafter designated as the "Principal," a contract for Police Facility HVAC replacement in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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, Contractors Bonding and Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighteen Thousand One Hundred Eighty Five Dollars and 00/100 ($218,185.00) 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 attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 et seq. of the Civil Code of the State of California. K & J Air Conditioning, Inc. Page B-1 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 shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 27th day of May a , 2014 K & J Air Conditioning, Inc. Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety 111 Pacifica, #350, Irvine, CA 92618 Address of Surety (949)341-9110 Telephone Aut �izep/Signature/Title Authorize Agenf Signature _ Edith Garibay, Attorney -in -Fad __ Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED K & J Air Conditioning, Inc. Page B-2 ACKNOWLEDGMENT State of California County of 013Af-IcI }ss. On s`^fE 20_1_L before me, Notary Public, personally appeared 3�1ifi f ANt�� NI who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SCOTT R. PRINCE WITNESS my hand andVicial seal. Commission # 1952645 Notary Public - County Oran0e County QMVComm. Ea los Sep 26, 2015 Signature (seal) ACKNOWLEDGMENT State of California County of o a a r4 GIF } ss. On �j "N C - Sc oir 201' before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 7WITNEmy hand -and, ' ' I seal. C1142-4 1 Sig ature K & J Air Conditioning, Inc. SCOTT R. PRINCE Commission # 1952645 Notary Public - California z Oran0s County M Comm. E irea 9 26, 2015 + (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 05/27/14 before me, R Rivas Notary Public Date Here Insert Name and Title of the Officer personally appeared Edith Garibay--------------------------_---------------- ---------------- Name(s) of Signer(s) R. RIVAS V' Commission # 1954551 a=gym - Z a Notary Public - California z a Z `r't" Orange County My Comm. Expires Oct 28, 2015, who proved to me on the basis of satisfactory evidence to be the person(sf whose name(s) is/are subscribed to the within instrument and acknowledged to me that ho/she/they— executed the same in his/her/their authorized capacity(les)— and that by,his///her/theii 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 offi_ciall,seal. Signature1 u Place Notary Seal Above Signature of otary Public R. Rivas / OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General [0 Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages:--- Signer's ages:— Signer's Name: ❑ Individual ❑ Corporate Off icer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: EXHIBIT C CITY OF NEWPORT BEACH BOND NO.CSB0009320 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,364.00 , being at the rate of $20 00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to K & J Air Conditioning, Inc. hereinafter designated as the "Principal," a contract for Police Facility HVAC replacement in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Contractors Bonding and 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 Two Hundred Eighteen Thousand One Hundred Eighty Five Dollars and 00/100 ($218,185.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. K & J Air Conditioning, Inca Page C-1 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 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 City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 27th day of IAY 114 2014 K & J Air Conditioning, Inc. Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety 111 Pacifica, #350, Irvine, CA 92618 Address of Surety (949) 341-9110 Telephone -� la4�'o Auth izedignaturelTitle G Authorized Agerit SSiignatu� Edith Garibay, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED K & J Air Conditioning, Inc. Page C-2 ACKNOWLEDGMENT State of California County of 0aA,JG6 } ss. On :(k0F q 1 20 14 before me, Scow (2 . PRmf Cc Notary Public, personally appeared N ttitLl I who proved to me on the basis of sa isfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SCOTT R. PRINCE WITN my hand nd o ' ' I seal. < Commission # 1952645 a Notary Public - County m Z Orange County �My Comm. Ex ices Sep 26, 2015 Signature (seal) ACKNOWLEDGMENT State of California County of OgArJ &F } Ss. On 3wrJ8 4 , 20_1_j_ before me, Scott (2_ Pit -It joF Notary Public, personally appeared ey—y--4 4r'jTroL-, r\j who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. =NotaryPublic PRINCE WITNE my hand and official seal. 1952645 Catitornia aounty S 26, 2015 igna re (seal) K & J Air Conditioning, Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Countyof Orange On 05/27/14 before me, R Rivas Notary Public Dale Here Insert Name and Title of the Officer personally appeared Edith Garibay------ ------------ — — — — — — — — --------------------- Name(s) of Signer(s) R. RIVAS Commission # 1954551 z a�,ffi Notary Public -California 12> Z rr.; Orange County My Comm. Expires Oct 28, 2015' who proved to me on the basis of satislactory evidence to be the person(95 whose name(sf is/are subscnbggd to the within instrument and ac�owledgecl to me that. I /" he,they executed the same in h�'s/her/thdir authorized capacity(ie and that by his%her/thyir 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. r Signature �- Place Notary Seal Above Signature of Notary Public R. Rivas OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑Limited❑General Cul Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator FEW Signer Is Representing: RL10 ekle as RLI Compeny P.O. Box 39671 Peoria, IL 61612-3967 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company, a Illinois corporation, and/or Contractors Bonding and Insurance Company, a Washington corporation (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: John F. Monroe, Edith Garibav, Eugene T. Zondlo, Rosa E. Rivas, jointly or severally in the City of Irvine , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this13t 1 day of Decem r, Q}. RLI Insurance Company .�9J.......O„ 'y'o�4t Contractors Bonding and Insurance Company =4: CFRPOR4r, � 5_ i. SEAL ;. SEAL: 1979 `' °Roy C. Die Vice President State of Illinois '•• .... SS �ASHINGSO� ,,, 2Lt I Nn\S �p": County of Peoria L) CERTIFICATE On this 13th day of December 1 2013 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. M. I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, and/or Contractors Bonding and Insurance Company, a Washington corporation, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 2 7 t h , day of Mn y , 201 . RLI Insurance Company Contractors Bonding and Insurance Company "OFFICIAL SEAL" Roy C. Die Vice President JACQUELINE M. SOCKLER WMMISSION EXPIRES 03(19114 0475618020212 A0059913 City of Newport Beach POLICE FACILITY HVAC REPLACEMENT Contract No. 5542 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. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 817 �9-4v-7 C Contractor's License No. & Classification KA --3- AL2 COijnLTAo01NCs-� tUC, Bidder Autho zed gnature/Title Date 0 City of Newport Beach POLICE FACILITY HVAC REPLACEMENT Contract No. 5542 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of the total amount bid Dollars ($10% of the total amount bid), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of POLICE FACILITY HVAC REPLACEMENT, Contract No. 5542 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. 4 Witness our hands this 18th day K & J Air Conditioning, Inc. Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety 111 Pacifica, #350, Irvine, CA 92618 Address of Surety (800)274-2242 Telephone Authorized Age ature Edith Garibay, Attorney -in -Fact _ Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) i.7 ACKNOWLEDGMENT .............................................................................. . State of California County of Orange On April 18, 2014 Public, personally appeared Edith Gari Ss. before me, R. Rivas Notary ,who proved to me on the basis of satisfactory evidence to be the person(<s'j whose name( is/arm subscribed to the within instrument and acknowledged to me that IWshe/Xy executed the same in ll°ris/her/theft authorized capacity(ip< and that by signatures( on the instrument the person(W, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature the laws of the State of California that the R. RIVAS� Commission # 1954551 [[ a =�a Notary Public - California z Z ``' y Orange County n My Comm. Expires Oct 28, 2015 ... a ..... 0 a 0 0 ..... 0 ..... 0 0 ......... 0 ........... 0 .. X . ......... ■ 0 0 .............. ■ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer 0 Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: N Check here if no thumbprint or fingerprint is available. RL1@ ci ns aRLI Company P.O. Box 3967 1 Peoria, IL 61612-3967 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company, a Illinois corporation, and/or Contractors Bonding and Insurance Company, a Washington corporation (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: John F. Monroe, Edith Garibay, Eugene T. Zondlo Rosa E. Rivas jointly or severally in the City of Irvine , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 13th day of December, 2013. .11G AND /NTTT'�. ' PO 't =i:• SEAL 9 scc 0 = SEAL ' °o ; 1979 ' State of Illinois f SS SH '��� unnnO`S iNGtON`````````` County of Peoria ```, On this 13th day of December 1 2013 before me, a Notary Public, personally appeared Roy C. Die who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. RLI Insurance Company Contractors Bonding and Insurance Company Roy C. Die Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, and/or Contractors Bonding and Insurance Company, a Washington corporation, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Comp�an�y' and/or Contractors Bonding and Insurance Company this _L 8 f , day ofA 1�, 2—QJ--4 RLI Insurance Company M. Bockler Notary Public Contractors Bonding and Insurance Compquy V "OFFICIAL SEAL"Roy C. Die Vice President JACQUELINE M. BOCKLER COMMISSION EXPIRES 03/19/14 11, 0475618020212 A0059913 City of Newport Beach POLICE FACILITY HVAC REPLACEMENT Contract No. 5542 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: PP-eGlstoa-d AL -A -"LV_ Address: I D-40-8 0. ST, AIS ANANc-irA, C-,, Phone:-+iq) (x30 - 75-7 State License Number: [, j�jLSbS Email Address: Name: H., tAA 6Q) Address: ��1,1 BR-OAOV1r-W M. &LeMpA Phone:(-. soc - 3S 8 -382)kc3 State License Number: -:pq Email Address: Name: Address: Phone: State License Number: Email Address .4 J k,4 --S / I2 COr./DtTautN�� t►jc. 3✓D -0AIL.'Y Bidder Auth ize Signature/Title City of Newport Beach POLICE FACILITY HVAC REPLACEMENT Contract No. 5542 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name V -4--S A « Cz1,jD jTta0 OQ&- t I -/c. . 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 Ur( Of Tc�.�-AKrz_ HVA,(.- P..CP60,CC -te-at at- WjeAous srmt-s Project Description 9_&LA(x_- 7 8 9-0(:�,Mbe OPTS Approximate Construction Dates: From F-Ef 2-,otq To: HX( >011 Agency Name 'C.IT'r aF Contact Person LAN"& Telephone (31o) -781--7/ "/ y Original Contract Amount $ 9q8,6S_6 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. L 17 No. 2 Project Name/Number FOCi-F ltL-l_. TV2-AJ&Fr HVA(- Project VACProject Description P-0kAc-r e*csa"cr- [AMA c- vjiffS Approximate Construction Dates: From fJOL( T013 To: HARL. ZL Agency Name FC-05Mll/L- IV-Ar4SOr Contact Person Vl"c et-� SAvc..-oma Telephone 4X) 533- 873y Original Contract Amount Final Contract Amount $ d -CTI 5-00. b.= If final amount is different from original, please explain (change orders, extra work, etc.) JAJQ W4-' 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. 0 No. 3 Project Name/Number HVAC- U?CAeA NE�7-': Fol dot- Ruort'r C M Project Description UPS o(5 NSW NVA,(- tJ�JV-s + rWGi`W1:tiR� Approximate Construction Dates: From `)t T ZC312 Agency Name C.AiY Og To: HAS 20e3 Contact Person SZ UL LA VA,► Telephone 4x) %67 -- d -/So Original Contract Amount $c;�(8,76dFinal Contract Amount $ V80 q( -^,Q, c' 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. �Jb 10 No. 4 Project Name/Number 14VRC. VAP&VA06 Foe f3L h10cc-NA Lf61dC-`f Project Description HyAz_ uwkts *- Approximate Construction Dates: From OCT Zo i ( To: PEAS Z,oic') Agency Name C.IT`i OF 0iZA,►.4 Cse Contact Person CA AP -V- %F- VtFk Telephone (7/y) LJ/.:1_- 8091 Original Contract Amount $ 33S1006 Final Contract Amount $ If final final amount is different from original, please explain (change orders, extra work, etc.) N1N 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. N C> No. 5 Project Name/Number HVAC- UP6 -ADeS At 4 S-17eS Project Description L/PC�-At,& V-tfsati 14VAc- s'`CST�i`-tS Approximate Construction Dates: From 6Ut' 2,0 111 To: P&B ?0t7., Agency Name ',.>A" vWL-Fic-o SC4A-z: _ DIsTw4c:r' Contact Person AVAH VitkrL1b1AMl Telephone (ggd) 3L/Y-7603 Original Contract Amount $ &060 Final Contract Amount $ ?S'i,,o�.�=" If final amount is different from original, please explain (change orders, extra work, etc.) OA 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. WE 11 No. 6 Project Name/Number 14VAC Qf&V-A0f S 0 CAaa4 Ll,o LAic- Project Description VEIPLAC22- aZ�TC P UN Ts Approximate Construction Dates: From St�rl -Al a To: 3 vL`( ZO t t Agency Name %TQC- lJii 101ED c t-U�__ D+5`icC ICx Contact Person T6SN 19 Cc -%k Telephone (%-I.) 9d-6' 5S/6,(- Original S6,(-Original Contract Amount $Y3�� aminal Contract Amount $ y38)10a. Oil. 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. Nit) Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and sufficiently comprehensive to permit an appraisal of t Contractor' conditions.�-- 1 3, Atf� Crr�Na Cr1ar-r 1r�U N� 4 161, Bidder Authori d Si nature/Title 12 er information irrent financial 'cs l (D6tJT -OWLLT Jerry Antohn 6609 Yosemite drive Buena Park, CA. 90620 Knjantolin@yahoo.com Ph#(562)773-3918 Qualification summary * Over 16 years experience in HVAC field for Commercial, Public Works & Government Projects * Own & Operate Corporation (K&J Air Conditioning, Inc) for 8 years * Vast Knowledge in dealing with Contractors, Sub -Contractors, Architects, Engineers & Inspectors * Vast knowledge of all construction fields (HVAC, Electrical, Plumbing, Roofing & Carpentry) * Experienced on how to plan, organize, supervise and budget any construction project * Vast Knowledge of Construction, DSA, Labor, Legal Laws & Codes for the State of California * Design, Plan & Evaluate Projects for Counties, Government, School Districts & Cities * Experienced in Prevailing Wage, Davis -Bacon Act & Federal Funded Jobs * Experienced in handling Bid Bonds, Labor Bonds & Performance Bonds * Vast Knowledge in Certified Payroll, Liability, Workers' Comp & Health Insurance for Employees * Vast Knowledge in Safety IIP Programs, AQMD & OSHA Regulations for Workplaces * Vast Knowledge with plans, blueprints, specs, diagrams for Renovation Projects & New Construction K & J Air conditioning. Inc. (Owner/Operator of business) 2006 - present * Bid on jobs involving Commercial, Hospitals, State, Counties & City Projects of all magnitude * Licensed, Bonded & Insured * Provide quality maintenance on Hospitals, Commercial & Public Work accounts * Ability to Communicate with High Ranking Officials for State & Local Projects * Handle Health Ins, Certified Payroll, Liability, Workers' Comp & Finances for Corporation * Ability to Manage & Coexist with all types of personalities in a work environment * Ability to handle stressful & emergency type of situations * Ability to Plan, Coordinate, Supervise & Instruct Employees * Ability to professionally discipline employees when expectations aren't reached Continental Air conditioning (Apprentice/Technician) 1998-2002 * Apprentice for 9 months and promoted quickly due to knowledge of trade * Serviced & repaired major companies & Hospitals * Was designated to handle all military reserve bases in Southern, Central, & Northern California * Worked on a wide range of equipment from window units to 200 ton units * Traveled out of state for repairs to Nevada & Arizona due to knowledge of trade * Worked on major hotels (Le Merigot -Santa Monica) & industrial plants * Extensive hands on training in troubleshooting all types of A/C & heating equipment * Renovated elementary & high schools all over Southern California Continued ........................................... U. S Army ( Made Corporal) 1995-1997 * Moved ranked quickly due to knowledge of trade and work ethic *Supervised 6 soldiers in my section * Served time oversees in Kuwait (Operation Intrinsic Action) * Possessed license to operate any military vehicle including 18 wheelers * Completed Correspondence Courses Education Practical schools vocational (student) 1997 -1999 * Learned how to read schematics & wiring diagrams * Learned basic troubleshooting in HVAC & Refrigeration * Graduated with highest honors out of 26 students * High School Graduate Skills * Able to operate a Corporation * Ability to Multi task * Vast knowledge of all types of Construction Projects of any magnitude * Asbestos trained * Universal certification * Excellent people skills * Able to manage employees * Capable of handling stressful & emergency type of situations * Vast knowledge in HVAC, Plumbing, Electrical and Project Management * Backflow certified (plumbing) * Able to read blueprints & layouts * Vast knowledge in troubleshooting Additional information * Military veteran * Oversee duties of 6 soldiers in my unit * Able to operate any military vehicle * Achieved Arcom & AAM awards * Stationed in Kuwait for operation "Intrinsic Action" City of Newport Beach POLICE FACILITY HVAC REPLACEMENT Contract No. 5542 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Cr'-A+J(rcy ) AIJT0LcrJ _,being first duly sworn, deposes and says that he or she is �Qh�,rpEVJi-oti,s.-c ofKE ,i Ate the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State o .C'al o� is that t regoing is true and correct. K4 -,S, Atrz CokirrRly+-ttL1lr 1n�, ,Q/�L`_;�D�s7C-oNLK Bidder Authoriz4d SiQfiatureffitle Subscribed and sworn to (or affirmed) before me on this ZZ day of A(r-IL , 2014 by 1� �4 �JrO L- ( IJ , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] `K] Notary Public My Commission Expires: 1 Z ' I - (y C.JAYASEKERA [ �r �k ..;. ..�'7" Commission # 1963789 IL Z c ==e� •= ,-I Notary Public - California z Z •,-. ���Xyyy Orange County _y My Comm. Expires Dec 15, 2015 `K] Notary Public My Commission Expires: 1 Z ' I - (y City of Newport Beach POLICE FACILITY HVAC REPLACEMENT Contract No. 5542 DESIGNATION OF SURETIES Bidder's name KA -J- A IP CovjornQ�Owc, t�sc— 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): `7bVLLAVA" Wn-TIS hoovae fRato HAiN -z!,T. Su Re 60C> 11 t NE , 0-^. U614 l4 eq4-1ata -.T 112- LI tom. G-Af-46AY B3 o 6O�-Jos , P 13ot jO S -r 4xy- TI- CT �J l U— I NSA./" Ft `f U"PAWI FbW - 14 City of Newport Beach POLICE FACILITY HVAC REPLACEMENT Contract No. 5542 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name 4-T Ate- CorJwJ►t'�c�r.►o►.�G- (�� 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 Year of for for for for for Record 2013 2012 2011 2010 2009 Total 2014 No. of contracts Total dollar Amount of IN j,�j f'ilU.►a Contracts (in Thousands of $) 7 j5,cy� 737,066 No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder KJ --3- Ala Cotjoi-n6okic ,,,- Business Address: v 3-'OSEMrre X- , '3uC=XA r -Ark. (A. robs -o Business Tel. No.: State Contractor's License No. and Classification: 516�o7 a Titlevv- stoietrt The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. 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 if fewer than all of the partners/joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of OreA► e On K L L 1(l before me, C • u u st k-er, P"41 1, (Hart insert name and title of the office) personally appeared 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 theperson(s) acted, executed the instrument. I certify udder 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 of Notary Public "' C.JAYASEKERA Commission # 1963789 a :-.: 1" Notary Public California v Z ?- Orange County My Comm. Expires Dec 15, 2015 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUNiENT C6Afr,,rJor"S S-,Ceff iZeRp/G 4e Proof (Title or descri tion of attched document) (Title or description of attached document continued) Number of Pages Document Date N' -11- (Additional Z (Additional information) CAPACITY CLAIMED BY THE SIGNER -12` Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed In California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and atwched to tfrat document The only exception is if a document is to be recorded outside of Cal fornia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefullyforproper notarial wording and attach thisform if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or bar name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or pluml forms by crossing off incorrect forms (i.e. wshelfhey—, is /we ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. v Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document City of Newport Beach POLICE FACILITY HVAC REPLACEMENT Contract No. 5542 ACKNOWLEDGEMENT OF ADDENDA Bidder's name K 4--T A i (- W, -JO i-RONij(.r . 1 Nc . The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received 7 natur ' I ?'aL-►LI 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 POLICE FACILITY HVAC REPLACEMENT CONTRACT NO. 5542 DATE: March 26, 2014 BY: r ' �. Public Wor s Depu irector/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. NOTICE INVITING BIDS Change Contractor License Classification(s) required for this contract from T, eF "B202- to "B" or "C-20" Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. A is attached. I have carefully examined this Addendum and have included full payment in my Proposal. tC +- J- A i 2. Co rJ►� rn©►� E N t t rJc-• Bidder's Name (Please Print) 4 BaaIL-t Date 1--- 11(1 Lo 6+ -JT oo-`t Authorizg,d SigA ture & Title CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 23rd day of April, 2014, at which time such bids shall be opened and read for POLICE FACILITY HVAC REPLACEMENT Title of Project Contract No. 5542 $ 440,000 Engineer's Estimate 11=0 ick Thokas ty Engineer JOB WALK PLACE: 870 Santa Barbara Drive DATE: April 9, 2014 TIME: 10:00 AM This job walk is the only opportunity for contractors interested in bidding the work to access the Police Facility rooftop to assess the work and take inventory of the existing equipment and components Prospective bidders may obtain Bid Documents, Project Specifications from Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "B" or "C-20" For further information, call Fong Tse, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services/ Bidding & Bid Results City of Newport Beach POLICE FACILITY HVAC REPLACEMENT Contract No. 5542 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: K4 --T Aka- Cow roti-jtr.& It.ic. Business Address: 66011 YdS&h t1V- bP- , Z V6VA Pte, cA , 966,)-o Telephone and Fax Number: ( -773- SUS FAN- (2410 915--S-1,66 California State Contractor's License No. and Class: 67767 (REQUIRED AT TIME OF AWARD) Original Date Issued: 64 Expiration Date G -,-)Lo 6 -.--�b .. 201s 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: ANfbL i t-) -oN►-`r 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 TGW-'t° ANtOLi#3 64YI 'Ibse"rlu nQ. 8tV*A PAPk- 6,)LD-773-3116 Corporation organized under the laws of the State of �ii4LlFo�►�tA 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: W 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; Nfx Briefly summarize the parties' claims and defenses; L/Ii\ Have you ever had a contract terminated by the owner/agency? If so, explain. d Have you ever failed to complete a project? If so, explain. N 4 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 compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes Q o 19 Are any claims or actions unresolved or outstanding? Yes e 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. 4- f (oi✓r�il"ld �iNb iNc . Bidder j ri Ar.Tt6 Ut� (Print name of Owner or President of Colrpdr tion/C mpany) Aut�ptizedgignature/Title Pp_cst,oGNT - OkjL ( Title Date On �i - ZZ- 14 before me, (- • 3a7c4tk<r<. , Notary Public, personally appeared 7e,L-y dti+01(n 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. kjzj �-. Notary Public in and for said State My Commission Expires: (Z -1 E - t 5 20 C.JAYASEKERA SEAL Commission # 1963789 (SEAL) Notary Public - California z Z '''z,'ptld Orange County r My Comm. Expires Dec 15, 2015 City of Newport Beach POLICE FACILITY HVAC REPLACEMENT Contract No. 5542 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Ratinq 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 PROPOSAL POLICE FACILITY HVAC REPLACEMENT CONTRACT NO. 5542 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: PR 1 of 2 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. 5542 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE B1. Lump Sum Mobilization and Demobilization @c14;-gTeC'--j -rt+aysANa scvt l�j Dollars and hvNou.eo Firm J),-3 LLAC- s Cents Per Lump Sum B2. Lump Sum Remove Existing HVAC Units @ Si y- nja, Dollars and -nti Nc�r Five Qi BARS Cents $ 6(0,oa5 , o" Per Lump Sum PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE B3. Lump Sum Install New HVAC Units @ OPE Buan&'EP -r - RI Et Dollars and -t��•�iyawr� f'o;,-e qui -or -en- Tcw (y�tiA0-s Cents $ 1133, 41� ` Per Lump Sum TOTAL PRICE IN WRITTEN WORDS (BID ITEMS NO. B1 TO 133) -rL,jC> iNvWDf Cn a-6-WNAL0 ONC BU►-�oR_rv, U6.1yC7 F? vc Dollars and N iz�, Cents LI-- o'D--- N Date 3-3718 ).ak (,I10 `I r 5 -51(.0 Bidder's Telephone and Fax Numbers BliPO- C - Bidder's License No(s). and Classification(s) t8a. Total Price (Figures) t!'4- T A14 C 101i7,WIAylr.� /N[ - Bidder 2 hoc_04/ft,c-vNiY Bidd 's AXthorized Signature and Title 6&ji 7IdSeHffr Ve • ByeiyA Alk, (A U---6 Bidder's Address Bidder's email address: K PjT4wToL-t "<P, %Aoc,6: c--ct . The City, at its sole discretion, may award one, all, or none of the following additive items. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Al. Lump Sum 5 -Year Extended Warranty @ el F1 V& Dollars and HvNoa-eo puv" Ni,.ic DotA-„nV-S Cents $ 18 i S4q ,`'—". Per Lump Sum A2. Lump Sum Ducts Cleaning @ iBWT'r oN�-rROUSA-wo -rte Dollars and Nupca-cO sevr-Wr Ocfzt bout�w Cents $ 3A Per Lump Sum PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS POLICE FACILITY HVAC REPLACEMENT CONTRACT NO. 5542 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2-6 WORK TO BE DONE 1 SECTION 3 CHANGES IN WORK 1 3-3 EXTRA WORK 1 3-3.2 Payment 1 3-3.2.3 Markup 1 SECTION 4 CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 4-1.3 Inspection Requirements 2 4-1.3.4 Inspection and Testing 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 2 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 2 6-1.1 Construction Schedule 2 6-7 TIME OF COMPLETION 3 6-7.1 General 3 6-7.2 Working Days 3 6-7.4 Working Hours 3 6-9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7-5 PERMITS 4 7-7 COOPERATION AND COLLATERAL WORK 4 7-8 PROJECT SITE MAINTENANCE 5 7-8.4 Storage of Equipment and Materials 5 7-8.4.3 Storage of Equipment and Materials in Public Streets 5 7-8.5 Temporary Light, Power and Water 5 7-8.6 Water Pollution Control 5 7-8.6.2 Best Management Practices (BMPs) 5 7-10 PUBLIC CONVENIENCE AND SAFETY 6 7-10.1 Traffic and Access 6 7-10.4 Safety 6 7-10.4.1 Safety Orders 6 7-15 CONTRACTOR LICENSES 6 7-16 CONTRACTOR'S AS -BUILT RECORDS 7 7-17 REBATES 7 7-18 ANTENNAS AND OTHER COMMUNICATION DEVICES 7 7-19 VENTILATION DURING CONSTRUCTION 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9-2 LUMP SUM WORK 8 9-3 PAYMENT 8 9-3.1 General 8 PART 2 ---CONSTRUCTION MATERIALS SECTION 206 MISCELLANEOUS METAL ITEMS 206-7 DUCTING SHEET METAL SECTION 207 EQUIPMENT 207-1 HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) UNITS 207-1.1 Existing Equipment 207-1.2 New Equipment To Be Furnished and Installed PART 3 ---CONSTRUCTION METHODS SECTION 313 HVAC DUCT CLEANING 9 9 10 10 10 10 10 313-1 GENERAL 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS POLICE FACILITY HVAC REPLACMENT CONTRACT NO. 5542 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the current Building, Electrical, and Mechanical Codes; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; and (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517- 0970. The following Special Provisions supplement or modify the Standard', Specifications for Public Works Construction as referenced and stated; hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of obtaining the applicable no -fee Building Permit(s); removing and disposing twenty-nine existing rooftop HVAC units; making necessary adjustments and modifications to the existing platforms and ducting to fit; installing new HVAC units; replacing obsolete circuit breakers as needed; air balancing; and other work specified in these Specifications." SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup - Replace this section with the following: SP1 of 11 "(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, one (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 (prior to any markups) 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 tSiLril���Ut1�Y�\r!I�ITiI[�77:/ii�1.I��Ii� 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing All materials 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 equipment to be installed on the Project. If needed, the Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 6 - PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 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 SP2of11 approval a minimum of five working days prior to the pre -construction meeting. 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 their ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under Contract within fifteen (15) consecutive working days of the Notice To Proceed. Additionally, the contractor shall complete all work and all units shall be fully functional no later than July 25, 2014. The Contractor shall ensure the availability and delivery of all materials 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 the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours Normal working hours are limited to 7:00 AM to 5:00 PM, Monday through Friday. However, due to the remoteness of the work site to residential properties and the need to maintain 24-hour essential services at the Police Facility, the Contractor will be allowed to perform work anytime Monday thru Saturday during daytime hours. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the hours prescribed above. SP3of11 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $2,000.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages 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, and continuous sequence so as to minimize disruption to the Facility operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-5 PERMITS. Replace this section with "The City's intend on this project is to replace the existing dilapidated equipment with high efficiency units that have lower energy and amperage demands. It is encumbered upon the Contractor to locate and install such units and to apply for and obtain the necessary Building Permits on an as -needed basis. In the event that the equipment proposed by the Contractor exceeds the energy "draw" of the existing units and triggers a building permit for making modifications to the existing electrical systems serving the current units, it will be the contractor's responsibility and cost to apply for and secure said no -fee Permit. No additional working days nor compensation shall be granted to the Contractor." 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "Police personnel are on continuous duty at the Police Facility and will require continuous access to the Police Facility during construction. These operations shall not be disturbed. To minimize the construction impacts, the Contractor shall: Make every effort to conduct his work in a manner that will not interfere with Police operations onsite or within the Police Facility. 2. Provide barriers to control construction dust and debris at all times. 3. Remove construction debris from the work site at the end of each work day. 4. Provide restrooms and trash service for construction personnel. 5. Maintain Police Department business vehicle access to and from the Police Facility and its parking lots at all times. SP4of11 6. Park construction and personal vehicles on Bombero Street, with vehicles allowed onsite for loading, unloading and delivery as approved by the Engineer. In order to access the building, workers must be fingerprinted and cleared through a full background check by the Department of Justice. Fingerprinting must be completed one week prior to the pre -construction meeting. Any workers who do not pass background or meet security protocol of the Police Department will be refused entry to the building and maybe asked to leave the jobsite. In addition, the Contractor shall: 1. Instruct workers to check out and exhibit credentials provided by the Police Department at all times and to return them daily to the front desk. 2. Access the work area through the front entrance of the Police Facility only. 3. Instruct workers to remain within the work area and not to enter other areas of the Police Facility without prior approval of the Police Department Facilities Manager or designee." 7-8 PROJECT SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: The Contractor's work areas will be restricted because of ongoing police activities at the site. The City will make every attempt to accommodate the contractor's access to various locations around the facility for onloading and offloading construction materials and equipment. If desired, the Contractor may enclose his work area(s) with a 6 -foot minimum high chain link fence. The work area(s) shall contain all of the contractor's materials, supplies, equipment, machinery, toilets, workbenches, etc. The contractor's and worker's vehicles shall be located outside of this work area(s). Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.5 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 7-8.6.2 Best Management Practices (BMPs) SIP 5of11 Add to this section: 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. 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 shall be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: "The Contractor shall ascertain that the work site is fully delineated with signs, barricades, delineators, yellow safety ribbon and other measures needed to warn the public of the construction activities throughout the work duration." 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. 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." 7-15 CONTRACTOR'S LICENSES From the time City Council contract award until completion of work, the Contractor shall possess a valid General Building Contractor "B" or Warm -Air Heating, Ventilating, and Air Conditioning Contractor "C20" License issued by the State of California. At the start SP6of11 of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S AS -BUILT RECORDS 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" records of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" 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." 7-17 REBATES The Southern California Gas Company (SCG) and Southern California Edison Company (SCE) may have equipment rebate incentives for their customers. For this contract only, the City of Newport Beach will "pass through" any and all SCG and SCE rebates to the contractor for equipment that is installed under this contract. The "pass through" rebates will be assigned to the Contractor as they are received by the City. The Contractor shall obtain, assemble, and submit to SCG and SCE rebate applications and documentation for equipment that is installed under contract, and shall be solely responsible for ensuring timely and complete applications and documentation for rebate payments. 7-18 ANTENNAS AND OTHER COMMUNICATION DEVICES The Contractor shall coordinate with and obtain approval from the Police Department Facilities Manager prior to starting work when it is necessary to temporarily relocate rooftop antennas or other communications devices to accommodate the work. Such work may need to be performed at certain hours which will allow for immediate repositioning and recalibration of the affected antennas or other communications devices upon completion of that portion of the Contractor's work. 7-19 VENTILATION DURING CONSTRUCTION The Police Department is a sealed building; that is, its windows do not function to provide for ventilation. Therefore, whenever HVAC is taken out of service, the SP7of11 Contractor shall provide temporary ventilation to those portions of the building that are occupied. The Contractor is advised that certain portions of the Police Facility are continuously functional, such as the watch commander's office, the dispatch center, the jail, etc. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Add to this Section, "Within 48 -hours of bid opening, the contractor that submitted the low bid shall complete and submit the Form Schedule of Value for Bid Item No. B3: Install New HVAC Units to the Engineer." 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. B1 Mobilization and Demobilization: Work under this Item shall include providing bonds, insurance and financing, establishing a field office, preparing the construction schedule, making photographic records of the existing roof condition, and all other related work as required by the Contract Documents. The cost of demobilizing from the project site and making repairs to areas of the roof damaged by the work shall be made a part of the price bid. Item No. B2 Remove Existing HVAC Units: Work under this Item shall include all of the costs needed to temporarily remove the existing rooftop perimeter equipment screen for access, remove and dispose of the existing dilapidated rooftop HVAC units, provide temporary ventilation to the impacted spaces, and complete other work as needed. Item No. B3 Install New HVAC Units: Work under this Item shall include all of the costs needed to modify the existing platforms, curbs, SA/RA openings and other items as needed to achieve an air -tight installation; apply for and obtain all necessary no -fee Building Permit(s) as needed; replace circuit breakers, electrical disconnects, and other electrical components as needed; furnish and install the new HVAC units complete with hooded economizers; furnish, make, and seal ducting connections air and moisture (rain) tight; install new Schedule 40 galvanized steel gas and condensate drain piping; reinstall the existing rooftop perimeter equipment screen; air balance; perform SP8of11 functional tests as required by the equipment manufacturer; and other work as needed complete in place. ADDITIVE BID ITEMS Item No. Al 5 -Year Extended Warranty: This Item shall include all of the costs to extend the factory labor and materials warranty an additional sixty months. The extent and scope of coverage shall not be inferior to the terms and conditions of the original factory warranty. The per occurrence deductible shall be $0. In the event that a factory 5 -year warranty extension is not available and/or economical, the contractor may propose a shorter extended warranty that has a minimum 3-year/36- month term. Item No. A2 Ducts Cleaning: This Item shall include all of the costs to mechanically clean all of the existing ducting (including those for the Shooting Range) served by the rooftop units. The cost of sealing up to twenty (20) duct connections/separations encountered during the course of work and the submittal of a set of five (5) Before and After photos for each of the units' ducts. SELECTION OF BID The bid selection shall be based upon the total figure for bid items B1, B2, and B3. The bid prices submitted for additive bid items Al and A2 are for the City's information and consideration only. The City, at its sole discretion, may award one, all, or none of the additive bid items to the base contract. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." 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." PART 2 CONSTRUCTION MATERIALS SECTION 206 — MISCELLANEOUS METAL ITEMS 206-7 DUCTING SHEET METAL The sheet metal to be furnished and installed on this project shall be, at a minimum, of the same type, gauge, and finish of those existing. t.9:1I•Z4161 SECTION 207 — EQUIPMENT 207-1 HEATING, VENTILATION, AND AIR CONDITIONG (HVAC) UNITS 207-1.1 Existing Equipment Attached to these Specifications are the as -built record drawings of the existing rooftop units numbered 1 thru 29 and a tabulation of the units' make, model, and ratings. 207-1.2 New Equipment To Be Furnished and Installed The equipment to be furnished and installed on this Project shall be manufactured by York, Carrier, Trane, or Lennox. These units shall provide at least the same CFM as the existing units while "drawing" lower amperage. They shall also have Luvata factory installed coil coating. Since the cost of making platforms, curbs, and ducting modifications as needed to fit the new units into the existing openings are integral to the prices bid, it may be to the contractor's overall advantage to locate and furnish units that will require minimal field installation customization. PART 3 CONSTRUCTION METHODS SECTION 313 — HVAC DUCT CLEANING 313-1 GENERAL The Contractor shall be responsible for the removal and disposal of visible surface contaminants and deposits from within the HVAC system in accordance with following: 1. The HVAC system includes any interior surface of the facility's air distribution system for conditioned spaces and/or occupied zones. This includes the entire heating, air-conditioning and ventilation system from the points where the air enters the system to the points where the air is discharged from the system. 2. The contractor shall have a minimum of one (1) Air System Cleaning Specialist (ASCS) on a full time basis, or shall have staff certified by a nationally recognized certification program and organization dedicated to the cleaning of HVAC systems to perform the services specified here in accordance with the current published standards of the National Air Duct Cleaners Association (NADCA). 3. Contractor shall submit to the Engineer all Material Safety Data Sheets (MSDS) for all chemical products proposed to be used in the cleaning process. 4. The existing heating, ventilating and air conditioning systems serving occupied areas shall remain fully operational during normal operating hours, unless other arraignments have been made in advance. FY'Ji1 . iii 5. Mechanically clean all duct systems to remove all visible contaminants, such that the systems are capable of passing Cleaning Verification Tests (see NADCA Standards). 6. Existing damaged system components found during the inspection shall be documented and immediately brought to the attention of the Engineer. 7. Debris removed during cleaning shall be collected and precautions must be taken to ensure that Debris is not otherwise dispersed outside the HVAC system during the cleaning process. 8. Where the Particulate Collection Equipment is exhausting inside the building, HEPA filtration with 99.97% collection efficiency for 0.3 -micron size (or greater) particles shall be used. When the Particulate Collection Equipment is exhausting outside the building, Mechanical Cleaning operations shall be undertaken only with Particulate Collection Equipment in place, including adequate filtration to contain Debris removed from the HVAC system. When the Particulate Collection Equipment is exhausting outside the building, precautions shall be taken to locate the equipment down wind and away from all air intakes and other points of entry into the building. 1;9il[.5iyl EXISTING HVAC UNITS ATOP POLICE FACILITY R/R SCHEDULE AC -01 Carrier 48HJD-005-601 480v 2293G888118 AC -02 Carrier 48HJD-008-601GA 480v 2393G93368 AC -03 Carrier 48SS-0300-40-301 208 / 230v 4093GO0449 AC -04 Carrier 48HJD-006-621 480v 4393GO0696 AC -05 Carrier 48HJD-006-621 480v 4393600701 AC -06 Carrier 48HJD-008-600 480v 2193G83103 AC -07 Carrier 48HJD-006-621 480v 4393GO0700 AC -08 Carrier 48HJD-006-621 480v 4393GO0697 AC -09 Carrier 48HJD-008-600 480v 2193G83104 AC -10 Carrier 48SS-0300-40-301 208 / 230v 4093GO0451 AC -11 Carrier 48HJD-012-611GA 480v 3093634021 AC -12 Carrier 48HJD-006-621 480v 4393GO0702 AC -13 Carrier 48HJD-005-601 480v 2493GO1374 AC -14 Carrier 48SS-0240-40-301 208 ( 230v 4093GO0396 AC -15 Carrier 48SS-0300-40-301 208 i 230v 4093GO0453 AC -16 Carrier 48HJD-055-601 480v 2693G12112 AC -17 Carrier 48SS-300-40-301 480v 4093600444 AC -18 Carrier 48HJD-005-601 480v 2493GO1371 AC -19 Carrier 48HJD-005-601 480v 2393693253 AC -20 Carrier 48HJD-005-601 480v 2293688114 AC -21 Carrier 48HJD-005-601 480v 2293688113 AC -22 Carrier 48SS-0300-40-301 208 / 230v 4093GO0442 AC -23 Carrier 48HJD-006-621 480v 4393GO0698 AC -24 Carrier 48HJE-004-611 480v 3593GO1806 AC -25 Carrier 48HJD-005-621 480v 4593GO1073 AC -26 Carrier 48HJD-008-601GA 480v 2393G93369 AC -27 Carrier 48SS-0240-40-301 208 / 230v 4093GO1074 AC -28 Carrier 48HJE-004-611 480v 3593601801 TICAL NOTES AND SPECIFICATIONS ALTERNATS HI05 'o T 7: iii •.Jmm 7�p. ff.:I� 490TVA/4 PI-F-JV Um V/ Mr- /Y 1156AM. c;r RAIN SHIELD FLEXIBLE CONNECTION 40AA ENTI02-1 Of-W Ar - 001T e"&rH OF FILEW C�Al i $V&* r.T?4 I. <P. Olt. VAMDW MASON %.W. T`Yri�N C� flut, s.LiYeir + FOE_ A V& LEVEL I Him PLATFORM ORFA 4 hew ROOF pw 0l1 W. jL 1. THE GENERAL CORTRACIPS, SHALL At AMSPORPEALC ONDSorNATING ALL SUS-TRADES EATON, To PRE-conmucTION COMEEMCE, VCR SCOT OF WORK ARE, IT SHALL BE HT ROLE TO IN SVC. EVERYTHING REQUIRED MY THE OR Amp SEWIFIC&_ BUT is INCLUDED Post A ECOUPLETZ AND WORWASM ITYST M. - is HIS RESPONSIBILITY TO SUMANIT A PROPOSED WORK SCHEDULE TO TOM CITY AND OBTAIN ITS APPROVAL FROM THE CITY PRIOR TO THE BEAST OF ORK. 2. �L INSTALLATIONS SHALL CONFORM TO THE REQUIREMENTS 07 THg UNIVMm MECINICAL COKE, UHIPM BUILDING CODE, ALL AS ATIONS DOING �IrOSMTA MOHR APPLY IS CODES AND RAGUL ENERGY CONSERVATION STANDARDS DIVISIM'TI20, 3. DcOADINATE ENTIRE IUSFALLhIT.H D I" HVAC SYSTEM WITH THE No OF ALL OTHER TRACER PRIOR I 0 ANY FABRICATION 0. ..STAL_ LATION. PROVIDE ALL FITTINGS, OFFUTS, AND TRANSITIONS AS MUIRED FOR A COMPLETE WORKABLE INSTALTATICH. 4, PLATFORMS, CURDS, AXDPLXSHINGB FOR RSCHANICAJ6 EQUIPMENT SHALL BE AS IMLeNTED ON ROOFING DETAILS' ONLISS NOTED OTHBR-' S. MAINTENANCE LAPEL SHALL BE AFFIXED To ALL nCRANTCAL EQUIP- nMT AN A MAIRT KUBUZ or Eac An UNIT SHAM as PROVZOEDP FOR THEROANCE A USS. IADELHEACII WSW AD UNIT WITH BLACK 2" HIGH, STENCILED UNIT .4"BAS AS I= APPRAR ON THE PROVIDE THE FOLLOWING AS SEPARATE ALTERNATE 131109; ALTERNATE Al. ROOFTOP PACKAGED HIGH EFFICIENCY WHAT PUMPS By TRANS CARRIER OR LENNOX I C FACTORY AND JyCT MOUNT- WITH ED o ECONOMIZE" AND ALL ACCESSORIES AS SHOWN ON PLANE. ALTERNATE A2. RETURN DUCT'D�HMPERATURE 1,PONTED T 8SNST01100 WITH TCR OVER. SWITCH THERMOSTATS HXI AIS TO % DISCOHi NECTED. EXISTING THERMOSTAT BASE AND SUB-BASES TO PMOIN, •Ifl q� N V. umi To rwvfN&- DUCT LINER 111 P WE. AD .... LAPHIS SMALL AM LOCATED in A. CONSPICUOUS LOCATION GO VERTICAL BIDS Or A. UNIT, PAINT SCHEDULE su 13, AS FOLLOWS! IST COAT: Pro PnrH_ 2W 9 3ED COAT: S 3 -HXTB EXTERTORtEMR1611 HUM If2S`2 SENIOR (3.6 MILE PER COAT). AC-UNIT ROOF CURB TITSTALLATiON 141 AC—UNIT ROOF INSTALLATION j I- 1,41,1.1, S. ALL RIECTRICAI, HIRING SHALL AM IRSTALLED IN CONDUIT. ALL CONDUIT FOR LINE AND TOO VOWAG9 HIRING AND AM LINE VOLTAGE 4W1(13VWHa (Aeumm 014 24r.1 He!• MIRING, INCLUDING FINAL CONNECTIONS, ONALL BE AS AUSTIN .2131, ELECTRICAL WORK SMALL BE IKS1=7A IN ACCORDANCE WITH. ALL APPLICABLE CODES AM REGULATIONS OF ALL Gavra.mG BODIES RUING JURISDICTION THEgror, 15 I I Fp� F! wzw-m A AT e&-H Lt Nrr INDICATES. -Ircialm IT NE. INDICATES mcHAN'm 1T 9. ALL DUCTWORX SMALL BE 9ALVAH-IMD ..TE. AND TESTED IN ACCORDANCE WITH Tom REGULAIXONS, PRtCXCURZS RETAILED IN TOM -KR�S HANDSOD BY rUHMAWEWTkLS, AND THE APPLICABLE STANDARDS AUGFTW 41 THE SWEET REEXL AND AIR CONDITIONING CONTRACTORS NATIONAL ASSOCIATION. la; .9 x G. Lu Lu Lu vu Z LOW VOLI VILPFY "F wm%, WTH UNIT FNN LIFALtUKER p j0 4j 11 I-$1Z7 zt, p 'ON '151AVISIC • ' 9M0Wl16�,.19'ALL onag6vtj T'1 MER .5 rs AL_TE4WO eA HZ. operAnm 610 ID, FLEXIBLE DUCT CORNECTICHS TO ALL hE- HAMULTRa UNITS SHALL Do MADE WTIM WATERPROOF FIRE RETARDANT FLEXIBLE HATREIAL, 'VKHTIGIA9 Le OR APPROVED EQUAL CONNECTION MATERIAL AMB SMALL BE MINIMUM 6. LONG AND HOLD IN PLACE WITH METAL, BANDS HE- CONTI ATTACKS. W RUMINATE LEMUNG, TREKS SHATD NET AS =SE THAN 2" INSTILLED CLEARANCE EQUIPMENT YL&Mn . KST� PUCT. 11. AD= LINE ALL SUPPLY AND RETURN AIR DUCTS EXPOSED TO WKATK- IN, AN➢ AS NOTED. LINK DUMB WITH ACOUSTIC LENCK 1" TRICK 3 LOS. DEMN51TY, VINYL COATED, NEPA MTED, APPLY DUCT 7110M WE" COATED ST.. FRESNO AE. ST.. SECURE TO MATERIAL SM AT WKFA� WITH A MINIMUM Or So PERCENT COVERAGE Or A VERB HER EVE AND APPROVE MECHANICAL FASTENERS APPLIED ONISTANT A."S MAXIMUR 16" CENTERS A' TOP E.CVE.NS AND SIM SECTIONS- IT OOIuT TIGHTLY � SEAL 4.1— AN. ENDS WITH A FIE. WRTARbMT MASTIC TO XSRUbt CONTINUITY OF SURFACE- 12, PROVIDE On INCH (1--I THICK FARR 30130 THROWAWAY FILTERS FOR ALL CONDITIONING CHITS. SI'v. AND QUANTITY As BECOMMEND- Y THE AC UNIT MANUFACTURER. En BY •BE 13. � DIMENSIONS SHO-0 OR THESE P�H; AMR APPROXIMATE AM MUST ON ITS by SOB CO-RACTuR ERIC. TO TO. PRE- A. CONFIRMED TERENCE ON 'N Ac 2- -UNIT CONTROLS NOTENOT•EI 111 FP-M LMCA 1141 OUT • C-� our.. OUT W4 C3 PI PCN 14. ALL'HVAC EQUUMM AND Conn., DEVECV.9 SMALL AS CERTIFIED BY TOR CALIFORNIA ENERGY COMMISSION To COMPLY WITH EFFICIENCY STANUAR.S PER THE STATE ENERGY REGULATIONS. is. Ac UNITS PROVIDED WITH AN AmNogirma SITALM WAYS DAMPERS SET UP TO CLOSE AUTOMATICALLY ON FAR SHUTDOWN.41 10, CONDENSATE BRAIN LINES SHALL AS SCHEDULE 4D CALVAt42ED 4TERLDR COTTER. SLOPED AT 28 MINIMUM- FUMMOV9 EXISTING LIKES AND REPLACE WITH WIN PIPING. GRAIN To (XI .00r Dm.ms. 11. NW GAS FLYING SMALL, BE SCHEDULE 40 GALVAWIXW SPH-Oft CMV?M ALL GAS PIPING DOWNSTHYAN Or MAIN GAS RISER SHALL HE NEW. in. MATxftlns AMC EQUIPMENT EXISTING an THE SITE WHICH ANE TO A. REMOVED AND NOT REUSED GRAIL BE DISPOSED OF OFF 5=9 By THE CONTRACTOR AT THE END IF EACH MUSSING DAY. 19- THE �� =91 MtNOTOR $HALL BE RESPDREIBLE FOR DISCCU- ncTE.G ..RCOWnQ ELECTRICAL MOTRIC- SENVJ.. To ALL ]EXIST-110 MEN EQUIPMENT, 70. ALL ELMoTlao, HUM SHALL UK TO ACCORDANCE WITH THE LATEST EDITION 01 TOM -AT--Ha%-CTV-CAL 'CAR AS WAIL ASAALL APPLICXNI18 STATE AMC W Cop... LL 0 0 UZ cc p A OMAIM 41.13 GKA6 5H 61190 A9 11"L0116 iL TMPD q 6 ...... I O'S LINES 'M 'ROPES E., UNITS. 1-0.9n.CK or CAR Bzxv.c. N RESTART PILOTS TWA 1M To A MINIMUM. B OUTIVING a 3 CONDITIONS P.R. To. n TICINO 01. h-LE"CRE A. SUCH A Te MIT.UNIT L) •Ist.OWTHRIJ a-zo -rcNo 9(41 I W D V40T L [LOG THAN FULL GV?.(j eaulp. c4mw. Lu < Lu US CONDENSATE DRAIN DETAIL 2� vHSE.Nev Br VgAIAN BY -NONE 7.913 . -7 -N.f,W FQLJ.lF'ME m,,. -nj CARRIER MOPFL (OF wmaxp 1AG WL, Am, lopur Ewo/o nAT I �J4 A' r "T' \/pvr"'-A F, r H 7— WAP W�4&IHT' EA, APPAOXERATS DR"EmsioNs OF Mc'm DuCTDPENlNGsTooECoNMcIB cuv miutawlsu N a MMARKS 4935 -Op -4-3 24,000 800 IP.D 40,000 �2'400 230 1 op 13ttt.6 a84, SA 12' . IS- 13'. 19- z""No"a"B" [EKCFPT AS NOTED)UH.M. v FILTER ANO FILTER PACK. AD � I1IMI.A!I7FBD WITH MQ UNIII ODKDMUEM BY�fR6LQRAFPRCVfDBQUAL 5IMS CAWIrC . ry 41 -0 rpeAt, ffVq- EGG, Ltnk t4SNA Ll P. 'T SIP. ST%t.- (r) E'p G -y 611A, 'N UIM5. vw-lr DbPOEE rA>. �QUPNENT -d. lwom'.6A—a&FH M L4 5;OSA 'ld� Ae, �r yb L A *A 11' A Ir W x 17- FG L 485S-030-3 30,000 f000 k ;SO r,� 05A Z= F.L. 0 1 r-- (.ryR I9.0 359 A.- 19" A 12' A 17" 19: x 12 11' E9 A o: W WAIN CLAP4VIM 46HJE004-6 36.300 1200 0.7 10.60/9,70 74.000 50.000 1 •4 O 3 5,5 530 AwN 20' G 14' 7Ar . 14- S'l. A..,I I3 2 48HJD005-6 48,620 1400 1250/11.01310 54D 20' x 14- 14- 1 32� &vo14:. AL AL PG 49,!560 leoo 0.7 x 14 17" 22* ACH 20' 16" 32: I'll. 3V 20 : X 4 14 11 FG AL 48HJD006.6 86,OOD 2000 1210/10500.7 14J 2; 4: 17" z 16' .: . ": 17" x 'a. 48HJD000-6 98.800 3000 0.7 1030(EER) 125,000 31: Act, 2 "1 11' 21'. IG" x 4 AL 11 46HJ0012-6 127,800 4000 IQJC(EER) 180,000 120,000 27.13 1035 32" so- 12" A 2V V �ooF' . PL -k, I BEFORE SID.1mu, ON TIUS-WORE, C RIETACTOR SHALL RARE A CARE OF THE pmrozs' zx7sTMG EQ.PHMT AND SERVICES, AND SUL13, DEFINITELY DMISMINS IN ADVANCE, THE VXTHD US 0 MT=MU AND UUHMCTMO THE HER EQUZPmMD WITH 3 ITS ASSOCIATED DUCTWQRX, THE MINE TO BE PROVIDED FOB GET- TZHG THE EQUIPMET AND MATERIAL INTO PLACE AND SHALL WAKE HYH&ELP THOROUGHLY FAKILIAlt NITH ALL OF THE REQUIREMENTS OF THE PROTECT. TO Fl, z Rlq� SYMMS. ANY AND ALL COff- 2. COORDINATE ALL DUCTWDRX L MECHANICAL SQUXER-1 MIR STRUC- M' Umm"" ARE LECT ELICTs SHALL RE ",a— PRIOR To INSTALLATION. 3. ALL CONREOTIONS AND DISCONNECTIONS TO ExIsvIM; O.Inn g SHALLBE HAD. IN Guam,x WARNER THAT TINE SHALL BE T TO A HINIMUN. TVs CONISAMOR SHALL GIVE THE I w5FF' su?V CZ3HT RCYZ= OF SOON INTERRaPTLOH AND IRS ACTUAL SHUT - OWN TIRE INALL BE AT A TIRE DESXW)kT= BY THE DwMm. 4. CQMnHOST ST BOEHM MR APFROYAL BY THE rt4*fN06f2, ALL SCHEDULED EQUIPMENT, CONTROL SCHEMES, SHOP DRAWINGS, PARTS spEcIvrc"lo", AND OTHER HATERIAL3 As REQUIRED BY THE SPECIFICATIONS. 5, DUCT 012ES GROWN AM NET INSIDE DIKENSIONS W-FZ DUCT "NTGa XB CALLED FOU, INCREASE DUCT GIESE TO NAINT IN FREE AREA wozcnt.. 6. ALL DUCT WORK SHALL BE PREMARCID 39 ACCORDANCE WITH SH&C"A LOW AND MDIUK FRIGGING DUCTWOM GUIDELINES LATEST EDITION 7, INSULATE WITH 1" THICK LINER ON ALL NEW RETURN AND SUPPLY AIR DUCTS ON MCP, 8, SILAGE. ElinNECESSARY. EQUIPHENT PLATFORMS WHERE C933hRY. BEID. To GODFINO CONSULTANY'SSPECIFICATIONS FOR PLATFORM FLASHING DRTAILS, 9. REPLACE EMM NATAL COVERS DR EXISTING PLATFOMB, GEE AM? CONSULTANTS DETAILS. GGC to.b MO M - PROVIDE NEW PLAN MS, NEOPRENE ISOLATORS AND 3BIS C CAME. FOR EXISTING FANS AND AC UNITS TO REPAIR. It. vanviox Mw am AND cola050ATE DBAIN PIPING TO HER Ac UNITS. NABS ALL FINAL CORN13CTIOK3, PIPS CORRECTIONS, LAYOUTS AND 5XIES SHALL BE AS EXISTING. 12. CLEAN MID SEAL ALL MR AND EXISTING EXPOSED DUCTWQEK, SER ROOFING SPECIFICATIONS. 13. REFER M RD PING CONSULTANT SPECEFICAT DUE FOR RCGP DETAILS AND ROM AS APPLIES TO THE AIR CONDITIONING SYBTM. 14. xC UNITS, llhTlCM5 AND PVCTVCM MY ROT BE SHOWN TO SCALE. CONTRACTOR =.I ftAZUM rXXST-S DUC%V0RX, PLATFORMS AND NEW Ac UNITS AND INCLUDE TOTAL SCOPE OF ROM III THE BID ?RICE, 15. ADJUST SCONCHIZERS TO KINIKUM CIA QUANTITIES SHOUN. 16. ALL OSA INTAKES M— BE MINIMUM 10- AWAY FROM RUILOXHq LU "ENSts AND EXHADET.D2SCIIAMrs. C il. ALL HVAC AND RELATED EQUIPNGNT SHALL BE BEISKXCMY ANCHORED LU TO EQUIPINIST PLAIMEAS. PROVIDE SEISMIC CALCULATION. AND DETAILS I7CA VIBRAT.- ISOLATOR NANUFACLGRHfl FOR AFF.om BYOWNER/ENGINEER. CL 19. EXCEPT f -0R AC UKII51l, 1, J, lD, li, l4, 15. 1d, 14, AMO Ii, NODULAR ROOF CVItDS, INSTEAp LU it c5 LL :ff 'UT 0 9 0 rc -a fl -3 o tL Lij 0 CL 0 Uj 4, L E G E N D M IOL I ABBREVI DESCRIPTION oil, rA?-\ IA6\ 12 II ION - —" - 6 1A 1A N 7 1AG AG AL IAIN KE� Efar --Frl -A —XsoaK c,A R25, fl.AT50E-M 300 GFH 04-A ZDO c,F0 05A —IA6 I ca WA, AW; 2GI7 CFM .5A I z5io am OS A U. 7 0 1a 05A Kwr 01A 175c"D YPICAL) 27 ICO LFM a5A (E.) E.F IJZ1J PLATPFLM 5IMS CAWIrC . ry 41 -0 rpeAt, ffVq- EGG, Ltnk t4SNA Ll P. 'T SIP. ST%t.- (r) E'p G -y 611A, 'N UIM5. vw-lr DbPOEE rA>. �QUPNENT -d. lwom'.6A—a&FH M L4 5;OSA 'ld� Ae, �r yb L ��o ll�ow. IpO Lf i I &*A`te k ;SO r,� 05A Z= F.L. 0 1 r-- (.ryR OSF W WAIN CLAP4VIM �ooF' . PL -k, I BEFORE SID.1mu, ON TIUS-WORE, C RIETACTOR SHALL RARE A CARE OF THE pmrozs' zx7sTMG EQ.PHMT AND SERVICES, AND SUL13, DEFINITELY DMISMINS IN ADVANCE, THE VXTHD US 0 MT=MU AND UUHMCTMO THE HER EQUZPmMD WITH 3 ITS ASSOCIATED DUCTWQRX, THE MINE TO BE PROVIDED FOB GET- TZHG THE EQUIPMET AND MATERIAL INTO PLACE AND SHALL WAKE HYH&ELP THOROUGHLY FAKILIAlt NITH ALL OF THE REQUIREMENTS OF THE PROTECT. TO Fl, z Rlq� SYMMS. ANY AND ALL COff- 2. COORDINATE ALL DUCTWDRX L MECHANICAL SQUXER-1 MIR STRUC- M' Umm"" ARE LECT ELICTs SHALL RE ",a— PRIOR To INSTALLATION. 3. ALL CONREOTIONS AND DISCONNECTIONS TO ExIsvIM; O.Inn g SHALLBE HAD. IN Guam,x WARNER THAT TINE SHALL BE T TO A HINIMUN. TVs CONISAMOR SHALL GIVE THE I w5FF' su?V CZ3HT RCYZ= OF SOON INTERRaPTLOH AND IRS ACTUAL SHUT - OWN TIRE INALL BE AT A TIRE DESXW)kT= BY THE DwMm. 4. CQMnHOST ST BOEHM MR APFROYAL BY THE rt4*fN06f2, ALL SCHEDULED EQUIPMENT, CONTROL SCHEMES, SHOP DRAWINGS, PARTS spEcIvrc"lo", AND OTHER HATERIAL3 As REQUIRED BY THE SPECIFICATIONS. 5, DUCT 012ES GROWN AM NET INSIDE DIKENSIONS W-FZ DUCT "NTGa XB CALLED FOU, INCREASE DUCT GIESE TO NAINT IN FREE AREA wozcnt.. 6. ALL DUCT WORK SHALL BE PREMARCID 39 ACCORDANCE WITH SH&C"A LOW AND MDIUK FRIGGING DUCTWOM GUIDELINES LATEST EDITION 7, INSULATE WITH 1" THICK LINER ON ALL NEW RETURN AND SUPPLY AIR DUCTS ON MCP, 8, SILAGE. ElinNECESSARY. EQUIPHENT PLATFORMS WHERE C933hRY. BEID. To GODFINO CONSULTANY'SSPECIFICATIONS FOR PLATFORM FLASHING DRTAILS, 9. REPLACE EMM NATAL COVERS DR EXISTING PLATFOMB, GEE AM? CONSULTANTS DETAILS. GGC to.b MO M - PROVIDE NEW PLAN MS, NEOPRENE ISOLATORS AND 3BIS C CAME. FOR EXISTING FANS AND AC UNITS TO REPAIR. It. vanviox Mw am AND cola050ATE DBAIN PIPING TO HER Ac UNITS. NABS ALL FINAL CORN13CTIOK3, PIPS CORRECTIONS, LAYOUTS AND 5XIES SHALL BE AS EXISTING. 12. CLEAN MID SEAL ALL MR AND EXISTING EXPOSED DUCTWQEK, SER ROOFING SPECIFICATIONS. 13. REFER M RD PING CONSULTANT SPECEFICAT DUE FOR RCGP DETAILS AND ROM AS APPLIES TO THE AIR CONDITIONING SYBTM. 14. xC UNITS, llhTlCM5 AND PVCTVCM MY ROT BE SHOWN TO SCALE. CONTRACTOR =.I ftAZUM rXXST-S DUC%V0RX, PLATFORMS AND NEW Ac UNITS AND INCLUDE TOTAL SCOPE OF ROM III THE BID ?RICE, 15. ADJUST SCONCHIZERS TO KINIKUM CIA QUANTITIES SHOUN. 16. ALL OSA INTAKES M— BE MINIMUM 10- AWAY FROM RUILOXHq LU "ENSts AND EXHADET.D2SCIIAMrs. C il. ALL HVAC AND RELATED EQUIPNGNT SHALL BE BEISKXCMY ANCHORED LU TO EQUIPINIST PLAIMEAS. PROVIDE SEISMIC CALCULATION. AND DETAILS I7CA VIBRAT.- ISOLATOR NANUFACLGRHfl FOR AFF.om BYOWNER/ENGINEER. CL 19. EXCEPT f -0R AC UKII51l, 1, J, lD, li, l4, 15. 1d, 14, AMO Ii, NODULAR ROOF CVItDS, INSTEAp LU it c5 LL :ff 'UT 0 9 0 rc -a fl -3 o tL Lij 0 CL 0 Uj 4, L E G E N D M IOL I ABBREVI DESCRIPTION oil, CITY OF NEWPORT BEACH City Council Staff Report May 13, 2014 Agenda Item No. 8. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer PHONE: 949-644-3321 TITLE: Police Facility HVAC Replacement Project - Award of Contract No. 5542 (CAP14- 0003) ABSTRACT: Staff has received favorable bids for the Police Facility HVAC Replacement Project and is requesting City Council's approval to award the construction contract to K+J Air Conditioning, Inc. of Buena Park, California. RECOMMENDATION: a) Approve the project plans and specifications; b) Award Contract No. 5542 to K+J Air Conditioning, Inc. for the Total Base and Additive Bid Price of $268,012.00 and authorize the Mayor and the City Clerk to execute the contract; and c) Establish an amount of $26,800.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work. FUNDING REQUIREMENTS: Sufficient funding for the award expensed: Account Description Facilities Maintenance Proposed uses are as follows: Vendor K+J Air Conditioning, Inc K+J Air Conditioning, Inc of this contract is available. The following fund will be Account Number 7480-C1002014 Total: Purpose Construction Contract Construction Contingency Total: Amount $ 294,812.00 $ 294,812.00 Amount $268,012.00 $ 26,800.00 $294,812.00 255 DISCUSSION: The majority of the existing packaged air conditioning and heating units atop the Police Facility were installed twenty years ago. These roof top units have exceeded their intended service life and have become further compromised due to the coastal salt -air environment which is causing them to break down more frequently than expected and running up higher than normal repair and maintenance cost. Due to the age and condition of these HVAC units, they are also considered to be rather energy inefficient when compared to the more modern unit used today. Given the various replacement alternatives and technologies available, staff contracted with Glumac Inc. to study the current and projected future building operations and to make replacement recommendations. Based on the building's expected remaining service life and that most used HVAC equipment has little salvage value, Glumac recommended in-kind replacements as the option with the least overall capital and energy costs. Staff prepared the contract documents accordingly. Eighteen contractors attended the pre-bid job walk at the Police Facility to inspect the work site and area conditions. At 10:00 AM on April 23, 2014, the City Clerk opened and read the following bids for this project: BIDDER BASE BID AMOUNT Low K+J Air Conditioning, Inc. $218,185.00 2 Zim's Integrated Mechanical Services $221,084.00 3 Anderson Air Conditioning $224,526.00 4 RAN Enterprises, Inc. $280,000.00 5 Unique Performance Construction $314,581.00 6 Air Temperature Specialists $324,400.00 7 Performance Automation Solutions $347,580.00 8 Johnson Controls $407,452.00 K+J Air Conditioning, Inc. is the lowest responsible bidder at $218,185.00. K+J's bid is approximately 40% below the $440,000 Engineer's Estimate (EE). The average of all of the total bids received is approximately 20% below the EE. Given the range of available manufacturers that market different levels of HVAC equipment, the contract documents specified four acceptable HVAC equipment units that the bidder's would be allowed to furnish and install on this project. In reviewing the bids, staff believes the wide variance from the Engineers' Estimate is related to the market pricing between the four various models of acceptable equipment. The Engineers Estimate was based on the most common of the four acceptable manufacturers listed in the Specifications. Staff also included two additive bid items within the bid package. The first was to provide a 5 - year Extended Warranty on the installed HVAC units; and the second was to provide duct cleaning of the entire police facility. K+J provided a cost of $18,549.00 and $31,278.00 256 respectively for these two additive bid items. Staff believes that since the existing ducting was last cleaned ten years ago, it is prudent to return it to its best possible condition before the new HVAC units are installed. Also, the purchase of an extended warranty that provides no less coverage than the original one year factory parts and labor warranty that comes with the units should provide savings to the City in both future maintenance and staff costs over the added 5 - year period. As both of these additive cost items were within expectations, staff is recommending accepting the bidder's offer and adding the work into the contract bringing the total contract award amount to $268,012.00. K+J has a California "C-20" Contractor's License as required by the project specifications. A check of K+J's references indicates it has satisfactorily completed similar projects for other local agencies, school districts, and transit authorities. Pursuant to the Contract Specifications, K+J is allotted fifteen consecutive working days to complete the construction exclusive of applying for and obtaining the necessary no -fee Building Permits. ENVIRONMENTAL REVIEW: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Implementation Guidelines. This Exemption covers the replacement or reconstruction of existing structures and facilities where the new equipment will be located on the same site as the equipment replaced and will have substantially the same purpose and capacity as the equipment replaced. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Map 257 ■mma= LOCATION POLICE FACILITY HVAC REPLACEMENT LOCATION MAP ATTACHMENT A SAN MENTE DR a N.T.S. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5542 1 05/13/14 258