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HomeMy WebLinkAboutC-5268 - Contract for the Improvement of Public Work for the Avocado Avenue/Farallon Drive Intersection Traffic SignalCONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK WITH DYNALECTRIC FOR THE AVOCADO AVENUE /FARALLON DRIVE INTERSECTION TRAFFIC SIGNAL THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ( "Contract') is \� made and entered into as of this 2_}}h day of 00TOP179-, 2012 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ( "City "), and KDC, INC., a California corporation doing business as ( "DBA ") DYNALECTRIC ( "Contractor') whose principal place of business is 4462 Corporate Center Drive, Los Alamitos, CA 90720 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 desires to engage Contractor to relocate the traffic signal located at the Avocado Avenue and Farallon Drive intersection as more fully described in the Contract Documents ('Project'). C. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 15 Calendar days commencing upon issuance of the "Notice to Proceed ". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Contract shall commence on the Effective Date and shall terminate on December 31, 2012 unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1. Contract Documents. The complete Contract for the Project includes all of the following documents: The Proposal, attached hereto as Exhibit A; the Faithful Performance Bond, attached hereto as Exhibit B; Labor and Materials Payment Bond, attached hereto as Exhibit C; Insurance Requirements attached hereto as Exhibit D; all Project Permits; the Standard Special Provisions and Standard Drawings; Plans and Special Provisions for Contract No. 5197; Standard Specifications for Public Works Construction (current adopted edition and all supplements), all incorporated herein by this reference, and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2.2. 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 as identified in the Contract Documents ( "Work" or "Services "). 2.3. 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. 3. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Work under this Contract and Contractor shall complete the Work within Fifteen (15) Calendar days from the date of issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted may result in termination of the Contract by City and assessment of damages as outlined in Section 3.2. 3.2. The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the work called for in this Contract within 15 calendar days from the date of issuance of the Notice to Proceed, Contractor agrees to the deduction of liquidated damages in the sum of Two Hundred Fifty Dollars and 00/100 ($250.00) for each calendar day beyond the date scheduled for completion. 4. COMPENSATION 4.1. 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 Forty -Two Thousand, Seven Hundred Dollars and 00/100 ($42,700.00), less any money deducted pursuant to Section 3.2. Contractor shall not receive any additional compensation unless approved in advance by the City's Project Administrator (as defined below in Section 6) in writing. The City shall make full payment to Contractor no later than thirty (30) days after acceptance of Work by City. 4.2. This compensation includes: 4.2.1. Any loss or damage arising from the nature of the Work, 4.2.2. Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work, DYNALECTRIC Page 2 4.2.3. 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 tsunamis, and which loss or expense occurs prior to acceptance of the work by City. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Rick Pike to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. ADMINISTRATION This Contract shall be administered by the Public Works Department. Fong Tse, Principal Civil Engineer, or his designee shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Contract. 7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 7.1. Contractor shall use only the standard materials and equipment as described in the Contract Documents in performing Work under this Contract. Any deviation from the materials or equipment described in the Contract Documents shall not be utilized unless approved in advance by the Project Administrator. 7.2. Contractor shall comply with the terms and conditions of the Contract Documents. 7.3. All of the Work shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Contract, and that it will perform all Work in a manner commensurate with the highest professional standards. For purposes of this Contract, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 7.4. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Contract; all applicable federal, state and local laws; and the highest professional standard. 7.5. Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. DYNALECTRIC Page 3 7.6. Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1. City and all officers, employees and representatives thereof 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. 8.2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 8.3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 8.4. 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 attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8.5. 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 DYNALECTRIC Page 4 property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 8.6. 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. 8.7. The rights and obligations set forth in this Section shall survive the termination of this Contract. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or'interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 12. PROGRESS Contractor is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings have been scheduled or are desired. 13. BONDING 13.1. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Contract and in the form attached hereto as Exhibit B which is incorporated herein by DYNALECTRIC Page 5 this reference; and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Contract in the form attached hereto as Exhibit C which is incorporated herein by this reference. 13.2. 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. 13.3. The Contractor shall deliver, concurrently with execution of this Contract, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority' of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 14. 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 Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit D, and incorporated herein by reference. 15. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the Work to be performed under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and DYNALECTRIC Page 6 outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 17. SUBCONTRACTING The subcontractors authorized by the City, if any, to perform the Work on this Project are identified in the Proposal attached hereto as Exhibit B. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 18. OWNERSHIP OF DOCUMENTS 18.1. Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 18.2. Documents, including drawings and specifications, prepared by Contractor pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractors deliverables under this Agreement by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 19. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records DYNALECTRIC Page 7 and invoices during regular business hours. Contractor shall allow inspection of all Work, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 20. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 21. CONFLICTS OF INTEREST 21.1. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 21.2. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 22. NOTICES 22.1. All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Fong Tse, Principal Civil Engineer Public Works City of Newport Beach PO Box 1768 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Phone: (949) 644 -3321 Fax: (949) 644 -3308 DYNALECTRIC Page 8 22.2. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Rick Pike DYNALECTRIC 4462 Corporate Center Drive Los Alamitos, CA 90720 Phone: (714) 828 -7000 Fax: (714) 484 -2389 23. NOTICE OF CLAIMS. Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et seq.). 24. TERMINATION 24.1. In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 24.2. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 25. 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 as defined by the Contract Documents, has become familiar with the local conditions under which the Work is to be DYNALECTRIC Page 9 performed, and has correlated all relevant observations with the requirements of the Contract Documents. 26. STANDARD PROVISIONS 26.1. Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 26.2. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 26.3. Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 26.4. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract or any other attachments attached hereto, the terms of this Contract shall govern. 26.5. Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 26.6. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 26.7. Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26.8. Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 26.9. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. DYNALECTRIC Page 10 26.10. No Attorney's Fees. In the event of any dispute or legal action arising under this Contractor, the prevailing party shall not be entitled to attorney's fees. 26.11. Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] DYNALECTRIC Page 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY AT %TY'S OFFICE Date: t I V Aar'in C. Harp City Attorney ATTEST: Date: Z - CITY OF NEWPORT BEACH, A California municipal corporation Date: By: David A. Webb Public Works Director CONTRACTOR: KDC, Inc., a California corporation DBA DY LECTRIC Date: 9 By: Dow. By: Leilani [.Brown William Davenport City Clerk- Chief Financial Officer 2 a q"ZIC [END OF SIGNATURES] Attachments: Exhibit A — Proposal Exhibit B — Labor and Materials Payment Bond Exhibit C — Faithful Performance Bond Exhibit D — Insurance Requirements A 12-00595f:lappslcaticycomlwpdocsld0241p005100015156. docx DYNALECTRIC Page 12 EXHIBIT A PROPOSAL Dynatectfric Transportation Group An EMCOR Company 4A1; ^rulp[tl:IL CENe:D'ivo, Lee. 11?rilx, CTI '817eq ei9 CWIfen6n Gpnpo .Ylr; Lil:e1'.ea a: SU1 +3 (714ME -707q F.A %1': IA348::13E0 RID 1�871(J.ATE u SrOPH Ll r-Cll 1'tt 3-c N'u,gnn1 Uvncr.4vcc d� d Farc:'lon ban: 7l &7gI7 nid lDv: n Emirmlor; bilk Mttn Dkvt et 7144845!354 t li 9':: Slam[ 6lolilimdirn ,I A.,.r:;0a R F.hallcn l�__�11Eihklam .� 7 IiY D•u�.��tflu�l�t .—� � ..V:t:_L'i .mot ` i1' 1.1...1,1lPCiliFII6'. ' �T,7, iT�1�11If�_-? t li 9':: Slam[ 6lolilimdirn ,I A.,.r:;0a R F.hallcn 1 S O,quSQ� $ 38 da5zo 11glp7l11Lts; Nrka cw:w:cr.. Y .d1ia Gu::lruI Im Rr:1VS Via fk Orly Tax Lund, Liewimzzfient wpr t 41ry-n; in_I 1 eli m Lop Sunvyln7 S47rrg, Sulr rq lla.a In lnsl��l! m;ljt ortn u43. :;gi it h'c.Y ErareFtnB. lupco1Iln alnapprt,6 . CC6ti Tnriiv CCIIII_t Plane and ul R'n TPhifW,aj 0tliCiri6AiaN0it Oi ri0�idnlnn:41 fill t �louk=d,.``.11111!1 tWIL M1•YlI� Conveto. lizr7au.A 8 Mnlx wmrl, er, rL —nomC 8 [iclp -- &9ert LL%cn G,md 1016. S 3S,k75,0q 'Pii.ilrj i;: Uuo lu: 90 JnyS: DYNALECTRIC Page A -1 CITY OF NEWPORT BEACH BOND NO. 105825275 TR), 82320759 (FE) LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to KDC Inc. dba DYNALECTRIC hereinafter designated as the "Principal," Contract No. 5197 for the Improvement of the AVOCADO AVENUE/FARALLON DRIVE INTERSECTION TRAFFIC SIGNAL 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. I 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 fall 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, s Casualty and Surety Company of America & Federal Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Forty Two Thousand Seven Hundred Dollars and 00/100 ($42,700.00) 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 tumder 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, fall 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 dny 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 bel 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 win pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3260 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all parsons, companies, and corporations entitled to fire claims under Section 3181 of the California Civil Cade so as to give a right of action to them or their assigns In any suit brought upon this Bond, as EXHIBIT B required by and in accordance !with the provisions of Sections 3247 eL seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or, additions to the terms of the Contract or to the work to be performed thereunder 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 ureter this Bond. IN WITNESS WHEREOF, this Instrument has been dul�xecuted by the above named Principal and Surety, on the 19th day of Set ber , 2012. KDC Inc. dba Dynalectric 4462 Corporate Center Drive, Los Alamitos, CA 90720 Name of Contractor (Principal) Aj&rIze1ff natureffitle B. DA NPORT, DSC. VP & CFO Travelers Casualty and Surety Company of America & Federal Insurance Corppany, Name of Surety Authorized Agge4 Signature One Tower Square, Hartford, CT 06183 (TR) 15 Mountain View Road, Warren, !NJ 07059 (FE) Rita Sagistano, Attorney -In -Fact Address of Surety Print Name and Title 732-321-5600 (TR), 908-903-7928 (FE) Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ?ti3<•,rcr;..rn•.cr:- one.= cr�cr-: .ne-r- ro- kro .Fr ,. .'��^•_ ^_s'.cr" State of California County of On 09/21/12 personally appeared Orange before me, Wendy Bowling, Notary Public Hera Insert Name aM TYIe al Ina 0.111¢, William B. Davenport QWENDY BOWLING Commission # 1831346 a Notary Puolic - California n Orange County My Gomm. Expires Jan 16.2013 who proved to me on the basis of satisfactory evidence to be the person(sj whose name(,,) isfafesubscribed to the within instrument and acknowledged to me that hefekeAhse executed the same in hisA3er4eF . authorized capacit 4a*, and that by hisAaeh'lheir signature -H on the instrument the personfef, or the entity upon behalf of which the persorkH 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 han and official seal. Signature / Place Notary SW Abam is u( r awry PaE m OPTIONAL / � Though the information below is not required by law, it may prove valuable to po ?serfs relying on the docu nt and could prevent fraudulent rernoval and reallechment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond Document Date: 09/19/12 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) None Number of Pages: Signer's Name:_ William B. Davenport ier's Name n Individual In ' ual IX Corporate Officer—Tille(s): EXeCVP /CFO :- Corpora Officer— Title(s):_ LI Partner —L: Limited EJ General _ - Partner —:j ited i7 General IJ Attorney in Fact C Attorney in Fact U Trustee of m:ncc 1 to :.I Trustee O Guardian or Conservator I- Guardian or Consery r I? Other: - Other: Signer Is Representing: "C Inc. Signer Is presenting: dba Dynalectric dba KDC ystems - -- `>20U7 National Watery A + +1itti:,•950 De Soto AA, Roam 2e0202c•Cpac•�s-•.0a0.wz.CA 9l3l13c240Q- mv�e.NatlonelNxO�wryory c� pem 1599 etirs a fleorEe:: W'J TO0free 1- aF}a)6EB2P •� POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company SL Paul Guardian Insurance Company Attorney -In Fact No. 225023 St. Paul Mercury Insurance Company Travelers Casualty and Surely Company Travelers Casualty and Surety Company of America United Slates Fidelity and Guaranty Company Certificate No. 004929175 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota. that Famtington Casualty Company. Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the' Companies "). and that the Companies do hereby make, constitute and appoint Thomas Bean, Rita Sagistano, Gerard S. Macholz. Susan Lupski, Robert T. Pearson, Camille Maitland, George O. Brewster, Colette R. Chisholm, Virginia M. Lovett, and Vincent A. Walsh of the City of Garden City . State of New York , their true and lawful Atiorney(s) -in -Fact. each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recoenizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pemtitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of June 2012 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 20th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company OF 0.41 1977 ao •SE 0.L s Slate of Connecticut By: City of Hartford ss. Geore Thompson, Z onior ice President On this the 20th day of June 2012 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Trawlers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� In Witness Whereof, I hereunto set my hand and official seal.' My Commission expires the 30th day of June. 2016. C 'DL9lIG x} 58440 -6 -11 Printed in U.S.A. Marie C. Teurault. Notary Public THE This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Director, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President. any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or arty Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds. recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pail of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond. recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be s alid and binding upon the Company when (a) signed by the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys- in- Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority,' or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President. any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary• anti the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1. Kevin E. Hughes. the undersigned. Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is awe and correct copy of the Power of Attorney executed by said Companies', which . is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of September —20 12. Kevin Hughes, Assistant tary {T °eaevn.i'^ fp�I "'..'t •jo a'�aa `WUnr� 4,9rJttY•Vy 6 n atm�WPAar ° /a'- r.c, ! ONaP4rf: ^. ai • o a 1992 O 1 cast , n` a n1.9rafq ri qq t �:, :n• � �: `coax. ar+x. ¢ a 1996 Sy'^.rcictu b� r i9Jr� o._SE AL,o: .�S. ERL %ii o "� o�O< m �a -�Y a• � 45nutt 'ISAN�a�, of ....... ..,Jn : �p ,..,✓ s �.3 �9d19M� To verify the authenticity of this Power of Attorney, call 1- 800421 -3880 or contact us at www.uravelersbonal.com. Please refer to the Aucaney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CT. 06183 ATTORNEY -IN -FACT JUST[ Fl CATION PRIN'CIPAL'S ACKNOWLEDGMENT —IFA CORPORATION State of New York, County of ) ss. On this day of , 20 , before Inc personally appeared to me known, who, being by are duly sworn, deposes and says: That he /site resides in the City of , that he/she is the of the corporation described in and which executed the within insnunrenl; thin he/she knows the seal of said corporation; that the srnl affixed to said instrument is such corporate seal; that it was so affixed by orderof the Board of Directors of said corporation, and that lieishe signed his/her mule thereto by like order. PRINCIPAL'S ACKNOWLEDGMENT —IF INDIVIDUAL OR FIRM Stale of New York, County of )u. On this day of ,20 , before me personally app eared to Inc known to be (die ind ividual) (one of the firm of ) described in and who executed the within instmmenl, and he/she thereupon duly acknowledged to Inc that he /shc executed the mine (as the act and deed of mid fma). SURETY COMPANY'S ACKNOWLEDGMENT Slate of New York, County of Nassau Ira. On this 19th day of September 20 12 , before me personally appeared Rita Sagistano to me known, who, being by me duly sworn, did depose and say: That he/she resides in the City of Nassau County, WY that he/she is Altomey -in -Pact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, tie corporation described in and which executed the within instmmenl; that he/she knows the corporate seal of mid Company; that the seal affixed to said instrument is such corporate seal; and Ihm he/she signed said instrument as Almmey -in -Fact by authority of the Board of Directors of said Conhpany; and afBant did further depose and say that the Superintendent of Insurance of the Slate of New York lu s, pursuant to Chapter 882 of (lie Laws of the State of Now York for the year 1939, constituting chapter 28 of the Consolidating Laws of the State of New York as the Insurance Lawns anlcnded, issued to TRAVELERS CASUALTY AND SURETY COMPANY OP AMERICA his/her militate that said Company is qualified to become and be accepted as surely or guarantor on all bonds, undertakings, recognism ccs, guaranties, and other obligations required or permitted by Imr, and that such ceni Tie has not been revoked. Notary Public TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA CAMILLE MAIT AND Hartford, Connecticut 08183 NOTARYPUBU0STATE OF NEV7YORK IONGSCOUMY UC. N01MA6011W0 FINANCIAL STATEMENT AS OF DECEMBER 31, 2011 COMM. EXP. APRIL 20,2014 AS FILED WITH THE INSURANCE DEPT. OF THE STATE OF NEW YORK CAPITAL STOCK S 6,480,000 ASSETS LIABILITIES CASH AND INVESTED CASH S 103,657,622 BONDS 3,525.992,354 INVESTMENT INCOME DUE AND ACCRUED 49.234,241 OTHER INVESTED ASSETS 249.171,807 PREMIUM BALANCES 239.276.662 NET DEFERRED TAX ASSET 67.932,057 REINSURANCE RECOVERABLE 10,983,463 SECURITIES LENOINO REINVESTED COLLATERAL ASSETS 7,344.080 UNDISTRIBUTED PAYMENTS 2,591967 OTHERASSETS 351,269 TOTALASSETS S 4,256,447,550 UNEARNED PREMIUMS S 613,328,906 LOSSES 937,681,730 REINSURANCE PAYABLE ON PAID LOSSES B LOSS ADJ. EXPENSES 2.04.752 LOSS ADJUSTMENT EXPENSES 525,055,953 COMMISSIONS 30.058,691 TAXES, LICENSES AND FEES 60,276,105 OTHER EXPENSES 29,866,613 FUNDS HELD UNDER REINSURANCE TREATIES 95,031,416 CURRENT FEDERAL AND FOREIGN INCOME TAXES 49,086,527 REMITTANCES AND ITEMS NOT ALLOCATED 18,641.351 AMOUNTS WITHHELD /RETAINED BY COMPANY FOR OTHERS 31,860,277 RETROACTIVE REINSURANCE RESERVE ASSUMED 3.152,706 POLICYHOLDER DIVIDENDS 8,117,549 PROVISION FOR REINSURANCE 6,397,371 PAYAB LE TO PARENT, SUBSIDIARIES AND AFFILIATES 53,766,609 PAYABLE FOR SECURITIES 1,249.903 PAYABLE FOR SECURITIES LENDING 7,344,086 CEDED REINSURANCE NET PREMIUMS PAYABLE (71.042.044) ESCHEAT LIABILITY 591,943 OTHER ACCRUED EXPENSES AND LIABILITIES 501.836 TOTAL LIABILITIES S 2.604.372.282 CAPITAL STOCK S 6,480,000 PAID IN SURPLUS 433.803.760 OTHER SURPLUS 1,211791.508 TOTAL SURPLUS TO POLICYHOLDERS S 1.652.075.268 TOTAL LIABILITIES 6 SURPLUS S 4,258.447.550 Securities carded at $7,783,110 in the above statement are deposited with public authorities, as required by law Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road El Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE. COMPANY, a New York corrpporation, and PACIFIC INDEMNITY COMPANY a Wisconsin corporation, do each hereby constitute and mlnt Thomas Bean, George O. Brewster, Colette R. Chisholm, Susan Lupski, Gerard S. Machoiz, Camille ltiand, Robert T. Pearson, Fill Sagistano of Garden City, New York --- each as their true and lawful Ahornal In- Fact to execme under such designation In their names and to ehlx their corporal seals to and deliver for and on their behalf as Si Ihareon or otherwise, bonds and undertakings and other wddni obligatory In the nature (hereof (other than ball bonds) given or exectaed In the course of business, and any Instruments amending or alluring the same, end consenls to the modification or alteration of any Instrument mlened to In said bonds or obliged=. In Wilneas Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on INS Bth day of December, 2010. neth'E Wendel, Assistant Secretary y ,tl B. NOms, JC,Vke Prasl STATE OF NEW JERSEY / Counyol Somerset OnIMs 8th dayot December,2010 before me. a Notary Public of New Jersey, personallyoame Kenneth C. Wendel. tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, tte companies winch executed the foregoing Prover of Attorney, and the sold Kenneth C. Wendel, being by rho duty sworn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to that loragoirg Poll of Attorney ma such corporate seals and roam these affixed by authority of the By. laws of said Companies and that he signed said Power of Attorney as Assistant Secretory of said Companies by like authority; and that he Is acquainted Mth David B. Nome, Jr., and Imovshim to be Vita Prel of said Companies; and that the signature of David B. Norns, Jr., subscribed to said Power of Attorney is in the genuine harvIAdtfng of David B. Norris, Jr., and roes thereto subscribed by autlwuiy of cold By- Lam and In deponanys presents. Notarial Seal J. KATHERINE L ADEIAAR 1lOT �� NOTARY PUBLIC OF NEW ORSFt oa�Y g PUBLIC m <� Ne.2316685 eammiegienblipimgdDlp16,2014 Notary Public JER9ti+ CERTIFICATION Extracttmm the By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may wA shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Via President or an Asslslant Vice President, jointly vAth the Secretary or an Ambient Secretary, under that, respective designations. The signature of such of&ers may be engraved, printed or IMMgraphed The signature of each of the folloving office= Chairman, President, any Vice Presldank any Assistant Vice Presidarll, any Secretary, any Assistant Secretary and De seal of the Company may be affixed by facsimile to any power of attorney or to any mitificate retailing thereto appointing Assistant Secretarial or At temays- in- Fact for purposes only of oxaculli and shoaling bonds and undertakings and other miligs oblgatory in the nature thereof, and any such power of attorney or curiti boadng such facsM9e signaturee or facsimile seal Shall be valid and binders upon the Company and any such power so executed and mnADd by such facsimile signature and facalmlle seal shag be valid and binding upon the Company with respect to any bond or undartaWng to Mich It Is attached.- I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (tie °Compani do hereby cal that fit the fiery lrg extract of the By- Laws of the Companies is We and correct, (a) Ote Compares are duty licensed and authorized to hi l =rely Wall in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department fuller, Fa l and Vigilant am licensed In Puerto Film and the U.S. Virgin Islands, and Federal Is licensed in American Samoa, Guem, and each of the Provinces of Canada except prince Edward Island; and (iii Ire foregoing Pcvvw of Attorney is trual mrredl and In full fore and effect. Given under my hand and Sol of said Campanles at Warren, NJ this 19th day of September, 2012 0 p= lip a.� 0i� IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fu(908)903-3656 e -mall: surety ®chubb.com Form 15-16 022513- U (Ed. 5- 03) CONSENT ACKNOWLEDGMENT OF SURETY COMPANY STATE OF ..New,York ,......... COUNTY OF .... Nosw........ ss On this ...September 191 2012 before me personally came , ,Rita Sagistano ................... ................. ............................... to me known, who, being by -me duly swom, did depose And say; that he /she resides In Nassau County State of .......NX ................... that he /she is the Attomey -In -Fact of the Federal Insurance Company „the corporation described In which executed the above Instrument that hefehe known'the seat of said corporation; that the seal affixed to said Instrument is such corporate seal; that is was so affixed by the Board of Directors of said coiporatlon; and that he /she signed his/her ngme thereto by 1&e order, and the affiant did further.depose and say that the Superintendent of Insurance of the State of Now York, has, p rauant to Section 1111 of the Insurance Law of the State of New York, issued to ....Federal Insurance ompany...... (Surety) his/her certificate of ............................. que§ficatlon evidencing the quallflcation of said Company and Its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving-it as such; and diet such certificate has not been revoked. Notary Pub9c P77r edtnavAedgvNad tf-- M oFn: KW c02@1tr AF�A. 26i0 Fmm 1540-0313A (Rev. 3/12) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2011 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments ................ $ 151,942 Outstanding Losses and Loss Expenses..... $ 12,300,432 United States Government,. State and Unearned Premiums ...... ............................... 3,395,082 Municipal Bonds .......... ............................... 10,312,572 Ceded Reinsurance Premiums Payable....... 320,332 Other Bonds ................... ............................... 4,146,378 Provision for Reinsurance ............................ 80,930 Stocks ............................ ............................... 779,367 Other Liabilities.............. ............................... 922,290 Other Invested Assets .... ............................... 1,924,895 TOTAL INVESTMENTS ............................... 17,315,154 TOTAL LIABILITIES..... ............................... 17,019,066 Investments in Affiliates: Special Surplus Funds .. ............................... 222,832 Chubb Investment Holdings, Inc ................ 3,212,072 Capital Stock................. ............................... 20,980 Pacific Indemnity Company ........................ 2,440,763 Paid -In Surplus.............. ............................... 3,106,808 Chubb Insurance Investment Holdings Ltd.... 1,237,556 Unassigned Funds ........ ............................... 10,356,926 Executive Risk Indemnity Inc ...................... 1,076,901 CC Canada Holdings Ltd ............................ 747,660 Great Northern Insurance Company .......... 436,665 SURPLUS TO POLICYHOLDERS .............. 13,707,546 Chubb Insurance Company of Australia Limited 404,315 Chubb European Investment Holdings SLP.. 251,756 Vigilant Insurance Company ....................... 233,604 Other Affiliates ............. ............................... 409,535 Premiums Receivable .... ............................... 1,470,010 Other Assets .................. ............................... 1,490,621 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ............................. $ 30,726,612 TOTAL ADMITTED ASSETS ...................... $ 30,726,612 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments with a carrying value of $431,309,571 are deposited with government authorities as required by law. State, County & City of New York, — ss: Yvonne Baker, Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 2011 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2011. Subscribed and sworn to before me this March 31, 2012 �y &�, DOROTHY M. BAKER Assistant Secretary Notary Public, State of New York Notary Public No. 31-49114994 Qualified in New York County Commission Expires Sept. 14, 2013 Fmm 1540-0313A (Rev. 3/12) CITY OF NEWPORT BEACH BOND NO, 105825275 JR), 82320759 (FE) FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 269.00 , being at the rate of $ 6.30 per thousand of the Contract prtoa. WHEREAS, the City of Newport Beach, State of California, has awarded to KoC Inc. dba DYNALECTRIC hereinafter designated as the °Principal," Contract No. 5199 for the Improvement of the AVOCADO AVENUEiFARALLON DRIVE INTERSECTION TRAFFIC SIGNAL In the City of Newport Beach, In strict conformity with the Contract on file with the office of the City Cie* 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 ContracL NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America & Federal Insurance Company, duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety7, are held and firmly bound unto the City of Newport Beach, In the sum of Forty Two Thousand Seven Hundred Dollars and 00 /100 ($42,700.00) 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, fall to abide by, and well and truly keep and perform any or au the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and In all respects according to its true intent and meaning, or falls to Indemnity, 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 the City, only In the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. I EXHIBIT C Surety, for value received, stipulates and agrees that no charge, extension of time, alterations or additions to the !terns of the Contract or to the work to be performed thereunder Mail 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 onel (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it Is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. I IN WITNESS WHEREOF, this Instrument has been duly exec6ied by the Principal and Surety above named, on the 19th day of September 2012. % KDC Inc. dba Dynalectr c 4462 Co porate Center Drive, Los Alamitos, CA 90720 Name of Contractor (Principal) Travelers Casualty and Surety Company of America & Federal Insurance Company Name of Surety One Tower Square, Hartford, CT 06183 (TR) 15 Mountain View Road, Warren, NJ 07059 (FE) Address of Surety 732 -321 -5600 (TR), 908- 903 -7921 (FE) Telephone EXEC. VP & CFO Rita Sagistano, Attorney -In -Fact Print Name and Title NOTARYACKNOW LEDGMENTS OF CONTRACTORAND SURETY MUST BEATTACNED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .rnrc¢crr: �r.�r-�rr-rcrn•- .�.r. -. c-._ �r� .tr,.�zcc.EC.ccercrcn;.rr:eac- ecru.• srsi'. erc� ^- .,�T.- .y���rze,:rr.r•.rtri;e State of California County of Orange On 09/21/12 before me, Wendy Bowling, Notary Public Dale Hero Insen Name ane idle at the Otlleer personally appeared William B. Davenport Name(s) cl5iynegs7 -. WENDY BOWLING Commission # 1831346 r_ Notary Public - California z Z��•mg Orange County D My Comm. Expires Jan 16. 2013 who proved to me on the basis of satisfactory evidence to be the persons) whose names) isfare subscribed to the within instrument and acknowledged to me that hefef� executed the same in hisAi@Aheif authorized capacitytie4F4, and that by hIs "-,mot; w signature-H on the instrument the person(*, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and official s al. / _ Place Notary Sa8 Above Signature t3 m of Nolmy PUUIiC OPTIONAL Though the information below is not required by law, it may prove valuable to pe s relying on the docurt and could prevent fraudulent' removal and reallachmenl of this form to another document. Description of Attached Document Title or Type of Document:. Faithful Performance Bond Document Date: 09/19/12 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: William B. Davenport I_; Individual IX Corporate Officer—Title(s): Exec VP /CFO 11 Partner — ['.Limited JGeneral IJ Attorney in Fact Trustee 0 Guardian or Conservator I J Other: Signer Is Representing: "C Inc. dba Dynalectric dba KDC ystems I ROGGNMPI, . L L41 Number of Pages: C: Corpora Officer— Title(s): _ L-, Partner 'mited General f Attorney in Fact Trustee u Guardian or Consery ' r Other: Signer 2 V2rS7 NaGenal Notary 0.swaaWn•3350 De Solo nvo..P.0,Fw 240e•Chalslanh. CA 9 131 3 24113•rnw..NatlonalNalaryorg Item 459C7 Ra:ker:CalROlbFina 180 B]f, g927 POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company SL Paul Guardian Insurance Company Attorney -In Fact No. 225023 St. Paul \•lercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United Stales Fidelity and Guaranty Company Certificate No. 004929174 KNOW ALLMEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. that Fidelity and Guammy Insumnce Company is a corporation duly organized under the laws of the Slate of Iowa, and that Fidelity and Cum, my Insurance Underwriters. Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "). and that the Companies do hereby make, constitute and appoint. Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Camille Maitland, George 0. Brewster, Colette R. Chisholm, Virginia M. Lovett, and Vincent A. Walsh of the City of nnrdPn City . State of New York , their Inc and lawful Anorney(s) -in -Pact, each in their separate capacity if more than one is named above, to sign, execute. seal and acknowledge any and all bonds. recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of June 2012 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire. and Marine Insurance Company S6 Paul Guardian Insurance Company 20th SL Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United Slates Fidelity and Guaranty Company cnsu„ ♦[ �a [xy su o T rri 4 Ol...'.. JP:,R� 4ai b Ji 6F�[ -'Hap �• L �' 6 n R'rOAPolµtlO . �n (., �wcvaRarr' ^t $ i 81982 0 'i 1977 3 rtAgca, ] yywM�,S j� ALiio'1'4sSEAL It covw 1696 yy\\ tl` � �� y LF :..u" 15N A� '\ ♦g ......ra � AA f' 1GIn Aa/6� State of Connecticut City of Hanford ss. By: Georg Thompson. tr cc President On this the 20th day of June 2012 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,Y2T In Witness Whereof, f hereunto set m}' hand and official seal. � My Commission expires the 30Th day of June, 2016. C+ �U« A �s 58440 -6 -11 Printed in U.S.A. Marie C. Tcucault. Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Inc.. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Slates Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Auomeys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a. bond. recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman,. the President. any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company. provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secmmry or Assistant Secretary: or (b) duly executed (under sea]. if required) by one or more Auomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating therein appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compames, a: hick is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and alfixed the. seals of said Companies this 19th day of September -.90 12. Kevin Hughe�istant Sec tary y�[ciY `e 1577 'a'j- M1O °q.. =NSG� SPi -6 Ayry 9�P�,v 1xo�.Lmn Z ASE ~� 9 FO - /'rK'P�� � [Q \p vOn1i'✓y \i �i�^V094 . i G r1 WrWtW.Um £ F..� pP rE n 1983 o fFk u'HAlnieaa, a'Y.IkIWW, 'S Y +° I9$I C�,,,.SE Al:roJ ea 5£AL;13 18 + °•w. \!.s 4NA 'efi`�ide ibO° �flri Aat To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact its at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CT, 06183 ATTORNEY4N -FACT JUSTIFICATION PRINCIPAL'S ACKNOWLEDGMENT— IF A CORPORATION Slate of New York, County of )SS. On (his dny of ,.20 , before me personally appeared , to Inc known, who, being by me duly swum, deposes and says: That he/she resides in the City of , that he/she is the of the corporation described in and which executed the within inshunxm; that hclshe knows the seal of5aid corporation; that the seal affixed (u said instrument is such corporate seal; that it was So affixed byorderof the Board of Directors of said corporation, and that he /she signed his/her name thereto by like order. PRINCIPAL'S ACKNOWLEDGMENT —IF INDIVIDUAL OR FIRM Slate of New York, County of ) Ss. On this dayof '20 , before me personally appeared to me know to he(the individual) (one of the fmn of ) described in and who executed the within instrument, and he /she thereupon duly acknowledged to me that he /she executed the some (as the act and deed of said firm). SURETY COMPANY'S ACKNOWLEDGMENT State of\ew York, County of Nassau ISS. Onthis 79th dayof September 20 12 , before me personally appeared Rita Sagis4ano to me know, who, being by me duly swom, did depose and say. That he/she resides in the City of Nassau County, MY that he/she is Attomey -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation described in and which executed the within insnlmml; that he/she knows the corporate seal of said Company; that the seal affixed to said instrument is site], corporate seal; and that he/she signed said instrument as Attomey -in -Fact by authority of the Board of Directors of said Company; and offiant did further depose and say that the Superintendent of Insurance of the State of New York has, pursuant to Chapter 882 of the Laws of the State of New York for the year 1979, constioting chapter 28 of the Consolidating Laws of the State of New York as the Insurance Law as amended, issued to TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA his/her cerlificate that said Company is qualified to become end be accepted as surety or guarantor on all bonds, undertakings, recognimnees, guaranties, and outer obligations required or permitted by low, and that such certificate has not been revoked. / TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA INOTARYPUBUCSfATEOF Hartford, Connecticut 06183 IONBS COUNN FINANCIAL STATEMENT AS OF DECEMBER 31, 2011 AS FILED WITH THE INSURANCE DEPT. OF THE STATE OF NEW YORK CAPITAL STOCK S 6,480;000 ASSETS LIABILITIES CASH AND INVESTED CASH S 103.657,622 UNEARNED PREMIUMS S 813,328,906 BONDS 3,525.992,354 LOSSES 937,681.730 INVESTMENT INCOME DUE AND ACCRUED 49,234,241 REINSURANCE PAYABLE ON PAID LOSSES B LOSS ADJ. EXPENSES 2,604,752 OTHER INVESTED ASSETS 249,171,807 LOSS ADJUSTMENT EXPENSES 525,055,953 PREMIUM BALANCES 239.276;662 COMMISSIONS 30,858,691 NET DEFERRED TAX ASSET 67,632,057 TAXES, LICENSES AND FEES 60,276,105 REINSURANCE RECOVERABLE 10,983.463 OTHER EXPENSES 29,866,613 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 7,344.088 FUNDS HELD UNDER REINSURANCE TREATIES 95,031,416 UNDISTRIBUTED PAYMENTS 2, 693,967 CURRENT FEDERAL AND FOREIGN INCOME TAXES 48,086,527 OTHER ASSETS 351.289 RENiITTANCES AND ITEMS NOT ALLOCATED 18,541,351 AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS 31,860,277 RETROACTIVE REINSURANCE RESERVE ASSUMED 3,152,706 POLICYHOLDER DIVIDENDS 8,177549 PROVISION FOR REINSURANCE 6.397.371 PAYABLE TO PARENT. SUBSIDIARIES AND AFFILIATES 53.765,609 PAYABLE FOR SECURITIES 1,249,9D3 PAYABLE FOR SECURITIES LENDING 7,344,088 CEDED REINSURANCE NET PREMIUMS PAYABLE (71,042,044) ESCHEAT LIABILITY 591,943 OTHER ACCRUED EXPENSES AND LIABILITIES 501.836 TOTAL LIABILITIES $ 2.604,372.262 CAPITAL STOCK S 4480,000 PAID IN SURPLUS 433,803.760 OTHER SURPLUS 1,211.781.508 TOTAL SURPLUS TO POLICYHOLDERS S 1.652.075.2611 TOTAL ASSETS $ 4,256.447.556 f TOTAL LIABILITIES B SURPLUS S 4,256.447.550 Securities carried at $7,783,110 in the above statement are deposited with public authorities, as required by law Chubb IVI,L xNCl xr lnl�YxOlnIC YVllll1011 y Ax JYIGL)l.T.11111mll OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Thomas Bean, George O. Brewster, Colette R. Chisholm, Susan Lupske, Gerard S. Macholz, Camille Maltland, Robert T. Pearson, Alta Sagistano of Garden City, New York — -- --- each as their hue and lawhM Agomey- In- Fact to execulo under such designation In Ihelr names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or othervAse, bonds and urMenakings and other wrltings obligatory In the nature thereat (other than ball bonds) given or executed In the course of businsss, and arry Instruments amending oralladng the same, and consents to the modlllcation or alteration at any Instrument rationed to In said bonds or obrigatkns. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested theseappresards and-sffiaxedthhelrcarptorago seals cattle 88Jth day of December, 2010. (T anrlern . WeIX�I, Assistant Secretary �7 rd a. NOmy Jr., Vlca Pnas STATE OF NEW JERSEY / ss. Caunryoi Somerset On this 8th dayof Deeember,2010 balsa me, a Notary Public of NawJersey, persenellycams Kermath C. Wandal, to me known to be As Islanl Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the compardes which executed the foregoing Power of Attorney, and me sail Kenneth G Wendel, being by me duly smm, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and know the corporate seals thereof, that the seals affixed to the foraging Power of Attorney are such 001pomte seals and were fhamto affixed by authority of the By- Laws of said Companies; and that he signed said Pavrer at Attorney as Assistant Secretary of said Companies by like autrenty; and that he Is acquainted with David e. Norris, Jr., and knawshim to be Vice President of said Companles; and that the slgnarare of David S. Norris, Jr., subscribed to said Poser at Attorney Is In the genuine handwking of David B. Nonts, Jr., and was thereto subscribed by authority of said ay- Laws and m depnnanrs pmsanre. Notarial Seal KATHERINE J ADEI AA NOTARY PUBLIC OF NEW JF RSFI Na.2316686 6ommlegnBplreBdolglRt2814 / (CDa CERTIFICATION Notary Public Extract from the By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'Ali powers or attorney tar and on behalf of the Company may and shag be executed in the name and an behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designation. The sisature of such olgcem may he engraved, printed or lithographed. The signature of each of the follovAng officers: Chairman, PresldenL arty Ica President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facalmlla to any paver of attorney or to any cerMicme relating thereto appointing Assistant Secretaries or Attameys- fn. Fact for purposes only of execuling and affecting bonds and undertakings and other writings obligatory In the nature thereof, and any such po war of attorney or conNkate bearing such faesin I le signature or facsimile seal shall be valid and binding upon the Cemparry and any such power m executed and can liod by such faeshnfle signature and facclMle seal shall be valld and binding upon ft Company vAh respect fo any bond or undertaNng to which It Is attached.° I, Kenneth C. Weeded, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (ft - Compamosl do hemby ce ify that p) the foregoing extract of the By. Laws of the Companies is true and correct, (fi) the Companlas am duly licensed and authodmd to bansacl surety, business in all 60 of the United Status of America and the District of Columbia and are authorized by the U.S. Treasury DepamnoN; hdhar, Fedoml and Vigilant am licensed In Puerto Rico and the U.S. Virgin Islands, and Federal Is licensed in American Samoa, Guam, and each of the Provinces of Canada except ildnce Edward Island; and (a) the foregoi ng Pawor of Atamay Lsbu% correct and in fullfume and effcCL Given under my hand and met, of said COmpsNes at Wa an, NJ Uds 19th day of September, 2012 dyay1"� 3`ep°"`e� 9 �aAwh F m , n ° SOdywwaa° IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (008) 903 -3493 Fax (908) 503 -3656 e -mal): surely@chubb.eom Fenn 15-16 O22SB -U (Ed. 5 -03) CONSENT ACKNOWLEDGMENT OF SURETY COMPANY STATE OF ..New York,,,,,,,., COUNTY OF .... ryasxeu........ ) as On this ...September 19, 2012 before me personally came ,.Rita Sagistano ................. ................. ............................... to me known, who, being by me duly swom, did depose end say; that he /she resides In Nassau County State of ....... MY ................... that he /she Is the Attomay -fn -Fact of the Federal Insurance Company „the corporation described In which executed the above Instrument that he/ehe knows the seal of said corporation; that the seal affixed to said Instrument Is such corporate seal; that Is was so affixed by the Board of Directors of said co'poratlon; and that he /she signed his/her name thereto by like order, and the affiant dtd further.depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Sact p 1111 of the Insurance Law of the State of Now York, Issued to ,...Federal Insurance Company .I ........................ (Surety) hWhw certificate of .......................... qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety end guarantor, and the propriety of accepting and approving-ft as such, and that such cerificate has not been revoked. .....`...".mid Z�..... ..................................... ............... Notary Public casuur?marttaW NY ac&nowladgamwd rc9msvWreuCSrArEOFNea oor0'r kWomm ucama 90 aws. � Form 1510 -0313A (R... 3/12) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2011 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments ................ $ 151,942 Outstanding Losses and Loss Expenses..... $ 12,300,432 United States Government, State and Unearned Premiums ...... ............................... 3,395,082 Municipal Bonds .......... ............................... 10,312,572 Ceded Reinsurance Premiums Payable....... 320,332 Other Bonds ................... ............................... 4,146,378 Provision for Reinsurance ............................ 80,930 Stocks ............................ ............................... 779,367 Other Liabilities.............. ............................... 922.290 Other Invested Assets .... ............................... 1,924,895 TOTAL INVESTMENTS ............................... 17,315,154 TOTAL LIABILITIES..... ............................... 17,019,066 Investments in Affiliates: Special Surplus Funds .. ............................... 222,832 Chubb Investment Holdings, Inc ................ 3,212,072 Capital Stock................. ............................... 20,980 Pacific Indemnity Company............... ......... 2,440,763 Paid -In Surplus.............. ............................... 3,106,808 Chubb Insurance Investment Holdings Ltd.... 1,237,556 Unassigned Funds ........ ............................... 10,356,926 Executive Risk Indemnity Inc, ..................... 1,076,901 CC Canada Holdings Ltd ............................ 747,660 Great Northern Insurance Company .......... 436,665 SURPLUS TO POLICYHOLDERS .............. 13,707,546 Chubb Insurance Company of Australia Limited 404,315 Chubb European Investment Holdings SLP.. 251,756 Vigilant Insurance Company ....................... 233,604 Other Affiliates ............. ............................... 409,535 Premiums Receivable .... ............................... 1,470,010 Other Assets .................. ............................... 1,490,621 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ............................. $ 30,726,612 TOTAL ADMITTED ASSETS ...................... $ 30,726,612 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments with a carrying value of $431,309,571 are deposited with government authorities as required by law. State, County & City of New York, — as: Yvonne Baker, Assistant Secretary of the Federal Insurance. Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 2011 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2011. Subscribed and sworn to before me this March 31, 2_0�1 /2 r 13piy, DOROTHY M. BAKER Assistant Secretary Notary Public, State of New York Notary Public No. 31- 4904994 Qualified in New York County Commission Expires Sept. 14, 2013 Form 1510 -0313A (R... 3/12) EXHIBIT D 1. INSURANCE REQUIREMENTS - CONSTRUCTION 1.1 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 Agreement, 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. 1.2 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. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident 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. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 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 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. 1.3.3 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 the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. DYNALECTRIC Page D -1 1.3.4 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: 1.3.4.1 A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; 1.3.4.2 Pay on behalf of wording as opposed to reimbursement; 1.3.4.3 Concurrency of effective dates with primary policies; and 1.3.4.4 Policies shall "follow form" to the underlying primary policies 1.3.4.5 Insureds under primary policies shall also be insureds under the umbrella or excess policies. 1.3.5 Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to one hundred (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 1.3.6 Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period dedicated to this Project. The CPL shall be obtained on an occurrence basis for a policy term inclusive of the entire period of construction. If all or any portion of CPL coverage is available only on a claims -made basis, then a 10 -year extended reporting period shall also be purchased. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non - sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so- called "insured versus insured" exclusion or "cross - liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is DYNALECTRIC Page D -2 brought by an insured or additional insured against an insured or additional insured under the policy. [Note: this provision can be waived if there is no known or suspected pollution at the project site. This provision is also not applicable to maintenance and repair contracts unless there is a known pollution risk.] 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement 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. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 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 endorsements as specified herein for each coverage. Insurance certificates and endorsement 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. 1.5.2 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 the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractors compensation. DYNALECTRIC Page D -3 1.5.3 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. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage„ limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.6 Self- insured Retentions. Any self - insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. 1.5.7 City Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, 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. 1.5.8 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 Agreement, 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. 1.5.9 Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the project or to obtain coverage for completed operations liability for an equivalent period. 1.5.10 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. DYNALECTRIC Page D -4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 10/4/12 Dept. /Contact Received From: Tania Date Completed: 10/17/12 Sent to: Tania By: Renee Company /Person required to have certificate: KDC, Inc. DBA: Dynalectric Type of contract: All other 1. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 1011/12 to 10/1/13 A. INSURANCE COMPANY: Continental Casualty Company B. AM BEST RATING (A- : VII or greater): A XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000,000 / $6,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes ® No H. 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 ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 10/1/12 to 10/1/13 A. INSURANCE COMPANY: Continental Casualty Company B. AM BEST RATING (A- : VII or greater) A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $2,000,000 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 lit. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 10/1/12 to 10/1/13 A. INSURANCE COMPANY: American Casualty Company of Reading, PA B. AM BEST RATING (A-: VII or greater): A XV C. ADMITTED Company (Must be California Admitted): M Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory M Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? M Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A M Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED 1V. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 10/17/12 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach M N/A ❑ Yes ❑ No M N/A ❑ Yes ❑ No M N/A ❑ Yes ❑ No ❑ Yes M 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 * Subject to the terms of the contract. Date A� EP CERTIFICATE ®F LIABILITY INSURANCE DATE A YYI I TYPE OF INSURANCE 10/1512012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME' MARSH USA, INC. PHONE FAX 601 MERRITT 7 MIC. No Eau JAIC, NNo : E-MAIL ADDRESS: NORWALK,CT 06856 Attn: Emcor.Cenrequesl @marsh.com 7 Fax: 203.229 -6787 MED EXP (Any one Person) S 25,000 PERSONAL& AOV INJURY INSURER(S) AFFORDING COVERAGE NAICN INSURER A' Continental Casualty Company 20443 958870.JWP- KIR -12 -13 ABCOF 312057 X INSURED INSURER B : American Casualty Company Of Reading, Pa 20427 KDC INC INSURER C. Transportation Insurance Cc 20494 DIBIA DYNALECTRIC INSURER D: LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON-OWNED 4462 CORPORATE CENTER DRIVE LOS ALAMITOS, CA 90720 BUA 2095787090 1010112012 1010112013 INSURER E: S 2,000,000 INSURER F: BODILY INJURY (Per person) S COVERAGES CERTIFICATE NUMBER: NYC - 086468311.07 REVISION NUMBER: 17 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R I TYPE OF INSURANCE INSR SUER POLICY NUMBER MMIDIDUYYYY IYYYY MMIDDY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR GL 2095787039 10101/2012 1010112013 EACH OCCURRENCE b 2,000,000 UAMA LIU KhN ur PREMISES Ea occ nce $ 1,W0,000 MED EXP (Any one Person) S 25,000 PERSONAL& AOV INJURY $ 2,000,000 GENERAL AGGREGATE S 6,000,000 GENT AGGREGATE POLICY LIMIT APPLIES PER rX PRO- r7 LOC PRODUCTS - COMP /OP AGO S 14,000,000 S A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON-OWNED BUA 2095787090 1010112012 1010112013 COMBINED SINGLE LIMIT Ea accident S 2,000,000 K BODILY INJURY (Per person) S BODILY INJURY (Per accident) 5 X PROPERTY den DAMAGE S Auto Physical Damage S included A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE L2068208285 1010112012 10/01/2013 EACH OCCURRENCE S 5,000,000 AGGREGATE S 5,000,000 DED I X I RETENTION S 10, 000 S B B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERNEMBER EXCLUDE04 N (Mandatory In NH) If Yes, describe under DESCRIPTION OF OPERATIONS below NIA WC 2095787008 (ADS) WC 2095787011 (QA) WC 2095787025 (AZ, OR, WI) 1010112012 10101/2012 10/01/2012 701/2013 10/01/2013 1010112013 X I INCSTATU. OTH- LIMITo e. E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,00D,000 E.L. DISEASE - POLICY UMIT 5 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1Aftach ACORD 101, Additional Remarks Schedule, if more space is required) RE: 312057 NEWPORT BEACH CITY HALL SIGNAL ADDITIONAL INSURED UNDER ALL POLICIES (EXCEPT WORKERS COMPENSATION 8 EMPLOYERS LIABILITY) WHERE REQUIRED BY CONTRACT: CITY OF NEWPORT BEACH ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS. WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT. COVERAGE PROVIDED TO THE ADDITIONAL INSUREDS IS PRIMARY 8 NON - CONTRIBUTORY. CITY OF NEWPORT BEACH ATTN: MIKE ST, CLAIR 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Heidi Bauermeister t1 deRR -9nd0 ACr1Rr1 f`rTRPlIRATIr1N All ninhfe meanred ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 958870 LOC #: Norwalk ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, INC. KDC INC D161A DYNALECTRIC 4462 CORPORATE CENTER DRIVE POLICY NUMBER LOS ALAMITOS, CA 90720 CARRIER NAIC CODE EFFECTIVE GATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Auto Physical Damage Comp / Coll Deductible $500 In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Pad (other than the reduction of aggregate limits through payment of claims as applicable), Insurer agrees to mail prior written notice of cancellation or material change to: Certificate Holder Schedule 1. Number of days advance notice: For any statutorily permitted reason other than non-payment of premium, the number of days required for notice of cancellation as provided in paragraph 2 of either the Cancellation Common Policy Conditions or as amended by the applicable state cancellation endorsement is increased to the lesser of 60 days or the number of days required in a mitten convect. For non - payment of premium, The greater of the number of days required by state law or (2) the number of days required by written contract. 2. Name: Notice will be mailed lo: Certificate holder ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL2095787039 Carrier: Continental Casualty Co Eff ective date: 104 -12 to 10 -1 -13 COMMERCIAL GENERAL LIABILITY C G 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: INSURED: KDC INC. D/B /A DYNALECTRIC CERTIFICATE HOLDER: CITY OF NEWPORT BEACH RE: 312057 NEWPORT BEACH CITY HALL SIGNAL CITY OF NEWPORT BEACH ITS OFFICERS, OFFICIALS, EN91LOYEES AND VOLUNTEERS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following Is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or °yourwork" done under a contract with that person or organization and included in the "products-completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Copyright, Insurance Services Office, Inc, 2008 Page 1 of 1 POLICY NUMBER: SUA 2095757090 COMMERCIAL AUTO CARRIER: Continental Casualty Go CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This end orsementmodifies insurance provided under the following BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: EMCOR Group, Inc. Endorsement Effective Date: 10- 1 -12to 10 -1 -13 SCHEDULE Name(s) Of Person(s) Or Organization(s): INSURED: IDC INC. D/B /A DYNALECTRIC CERTIFICATE HOLDER: CITY OF NEWPORT BEACH RE: 312057 NEWPORT BEACH CITY HALL SIGNAL CITY OF NEWPORT BEACH ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS. Information required to complete this Schedule, if not shown above will be shown in the Declarations. The TransferOf Rights Of RecoveryAgainst Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CG 0444 03 10 Copyright, Insurance Services Office, Inc., 2009 Page 1 of 1 Cr A (-191607 (Ed 14+97) WORKERS COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed thatPart One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following We will note nforce our right to recover against persons or organizations (This agreement applies only to the extent that you performworkunder awritten contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - The charge will be an amountto which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2 %. Carrier. American Casualty Co. of Reading, PA Policy No: WC 2095787011 Effective date 10101!2012- 10VOV2013 G-19160 -B Page 1 of 1 (Ed. 11197) POLICY NUMBER: BUA 2095787090 Carrier: Continental Casualty Co Effective date 10!01!2012 - 10!012013 Amendment Other Insurance - Primary and Non - Contributory This endorsement modifies insurance provided underthe following BUSINESS AUTO COVERAGE FORM The following is added to Section IV, Paragraph B.5.0 Other Insurance Regardless of the provisions of Paragraph a. above, this coverage form's liability coverage will be primary to, and noncontributory with, any other insurance available to a person or organization who qualifies as an "insured" pursuantto Paragraph A. 1.c. of Who Is An Insured (Section II — Liability Coverage). This provision is applicable onlywhen required bywritten contract between you and that person or organization. Thatwritten contract must have been entered into priorto "Accident" or "Loss ". Page 1 of 1 POLICY NUMBER GL 2095787039 Carrier. Continental Casualty Go Fonncrly Known as CG 2010 1 M Effective date: 10/0112012 - I OM12013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS FORM B) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON OR ORGANIZATION: INSURED: IDC INC. DB /A DYNALECTRIC CERTIFICATE HOLDER: CITY OF NEWPORT BEACH RE: 312057 NEWPORT BEACH CITY HALL SIGNAL CITY OF NEWPORT BEACH ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)❑ WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but onlywith respect to liability arising Out Of "Your work" forthat insured by orforyou. Countersigned by Authorized Representative POLICY NUMBER: BUA 2095787090 CARRIER: Continental Casualty Co Business Auto Policy Effective date: 10101/2012- 101012013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Blanket Additional Insured — As Required By Contract This endorsement modifies insurance provided under the following: Business Auto Coverage Form Schedule Name of person or organization: Any person or organization for whom you are obligated to provide Business Auto Liability Insurance coverage as an additional insured by contractor agreement. Paragraph 1. Who is An Insured (Section II — Liability Coverage) is amended to include as an Insured the person or organization showin the schedule, but only with respect to liability arising out of the ownership, maintenance or use of a covered auto. Our limit of liability for the addltional Insured will not exceed the limits of liability of this policy. The inclusion of more than one Insured in this policywill not operate to Increase our limit of liability. Copyright, Insurance Services Office, Inc., 1992 POLICY NUMBER GL 2095787039 Carrier. Continental Casualty Co Effective date 10 -1 -12 to 10 -1 -13 G- 300703 -A (Ed. 0904) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE PRIMARY AND NON - CONTRIBUTORY Ms endorsement modifies insurance provided under the following COI D ERCIAL GENERAL LIABILITY COVERAGE PART Paragrapha. Primary Insurance of4. Other Insurance of Section N- Commercial General Liability Conditions is deleted and replaced with the following: a. Primarylnsurance This insurance is primary except when Paragraph b. below applies. If this insurance Is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraphc. below. However, coverage afforded to an additional insured under the terns of an endorsement attached to this policy is primary insurance and we will not seek contribution from any such additional Insured's primary insurance if. (1) You have agreed In writing in a contract or agreement that this Insurance will be primary and non-contributory, and (2) The written contract or written agreement Is currently In effect or becomes effective during the policy period and was executed prior to: (a) The" bodily injury" or "property damage'; or (b) The offense that caused the "personal and advertising injury" for which the additional Insured seeks coverage under this Coverage Part. G- 300703 -A Page I of 1 (Ed. 05104) Includes cop}aig hied material o fins umnc a Services Offce ,Inc., withits pennission. '�� EP CERTIFICATE ®E LIABILITY INSURANCE DATE 09/19IDDIY2 09/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1- 914 -696 -3700 Arthur J Gallagher Risk Management Services, Inc. CONTACT NAME: Giselle Robinson PHONE 914- 697 -6067 FAX 914- 323 -4567 lac. Est AIC NO: EMAIL ieelle 3g ADDRESS: 4 robineon @a cos 2 Gannett Drive, 3rd Floor INSURERS AFFORDING COVERAGE NAICW White Plains, NY 10604 INSURER A: LEXINGTON INS CO 19437 EACH OCCURRENCE INSURED INSURER O: COMMERCIAL GENERAL LIABILITY RDC Inc. dba: Dynalectric INSURER C: PREMISES ISM acc cu ace I INSURER O: 4462 Corporate Center Drive INSURER E: Loa Alamitos, CA 90720 INSURER F: COVERAGES CERTIFICATE NUMBER: 29120283 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSR SUER POLICY NUMBER MM/DDYEFF POLICY F YY LIMIT 3300 GENERAL LIABILITY AUTHORIZED REPRESENTATIVE Newport Beach, CA 9266 3 I USA EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY PREMISES ISM acc cu ace I S CLAIMS -MADE ❑ OCCUR MED EXP (Any one person) S PERSONAL 8 ADV INJURY I S GENERAL AGGREGATE IS GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S $ POLICY PRO LOC JFGT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) S ANY AUTO ALL OS SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) 5 PROPERTY DAMAGE Per acadenl S NON -OWNED HIRED AUTOS AUTOS 6 UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE Is DED RETENTIONS I Is WORKERS COMPENSATION I WC STnTU. IOTH- ANO EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIBXECUTIVE E.L. EACH ACCIDENT S OFFICEWMEMBER EXCLUDED? F NIA (Myandatary in NH) E.L. DISEASE - EA EMPLOYE S describe, add., If DESCRIPT ON OF OPERATIONS below E.L. DISEASE- POLICY LIMIT I S A Contractors Pollution 23462701 07/31/12 07/31/13 Per Claim: 5,000,000 Liability Each Aggregate: 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: Job No. 312057; Job Name: Newport Beach City Hall Signal; Contract If 5197. As respects Contractor'e Pollution Liability, City of Newport Beach, its officers, officials, employees and agents are agents are included as Additional Insured, where required by written contract (Form LEXDOC). Retroactive Date: 1/1/1968. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) Diwakarwp © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Mike St. Clair 3300 Newport Boulevard AUTHORIZED REPRESENTATIVE Newport Beach, CA 9266 3 I USA ACORD 25 (2010105) Diwakarwp © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF PROPERTY tl INSU IlYP9N CE ltt./ D09/19/20 2rr1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. If this certificate is being prepared for a party who has an insurable interest in the property, do not use this form. Use ACORD 27 or ACORD 28. PRODUCER 1- 914 - 696 -3700 Arthur J Gallagher Risk Management Services, Inc. CONTACT Michael Greene NAME: Inc NNo, Exit- 914- 697 -6064 jac NOl: 914- 323 -4564 E-MAIL michael_greene@ajg.com 4 com ADDRESS: 3g 2 Gannett Drive, 3rd Floor White Plains, NY 10604 PRODUCER 3608 CUSTO eRID: INSURERS AFFORDING COVERAGE NAIL d INSURED INSURER A: LEXINGTON INS CO 19437 INSURER B; $ KDC Inc. dba: Dynalectric 4462 Corporate Center Drive INSURER C: $ BROAD INSURER D: $ INSURER E: Los Alamitos, CA 90720 INSURER F: s COVERAGES CERTIFICATE NUMBER: 29120369 REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNYYY) POLICY EXPIRATION DATE (MMIDDTTYYY) COVERED PROPERTY LIMITS • X PROPERTY OF LOSS DEDUCTIBLES 25031750 10 /01 /11 10/01/12 BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERE PROP BLANKET SLOG 8 PP Per Value belo $ CAUSES $ BASIC BUILDING $ BROAD $ CONTENTS SPECIAL s EARTHOUAKE $ WIND $ FLOOD $ X All Risk I s See below S INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY $ CAUSES $ POLICY NUMBER S b CRIME TYPE OF POLICY 5 $ S BOILER 8 MACHINERY EQUIPMENT BREAKDOWN $ $ • BuildersRisk /installation (All Risk) 25031750 10 /01 /11 10/01/12 Per value belo S see below S SPECIAL CONDITIONS I OTHER COVERAGE$ (Attach.ACORO 101, Additional Remarks Schedule, If more space is required) City of Newport Beach, its officers, officials, employees and agents are included as lose payees as respects to Job Nam Newport Beach City Hall Signal, Job ti 312057, Contract N 5197, contract valued at $42,700. Waiver of subrogation in favor of City of Newport Beach. 30 Days notice of cancellation. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Diwakarwp ACORD 24 (2009109) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n 1995 -2009 ACORD CORPORATION All rinhfc rccnrvcd The ACORD name and logo are registered marks of ACORD 29120369 CERTIFICATE OF LIABILITY INSURANCE D 0911912012 ATE YYYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA, INC. 601 MERRITT 7 CONTACT NAME' PHONE FAX JAIC. No. Ex I- ERIC. No), E -MAIL ADDRESS: NORWALK. CT 06856 Attn: Emmr.Certrequest@marsh.com I Fax: 203. 229.6787 GL 2095786635 INSURER (S) AFFORDING COVERAGE NAIC p INSURER A: Continental Casualty Company 120443 958870- JWP- KIR -11 -12 312057 ABCOF INSURED KDC INC DIBIA DYNALECTRIC INSURER B: American Casual' Company Oi Reading, Pa 20427 Transportation INSURER c Transportation Insurance Co 20494 INSURER D DAMAGE 0 RENTED PREMISES Ea eccummxa 4462 CORPORATE CENTER DRIVE LOS ALAMITOS. CA 90720 CLAIMS-MAOE � OCCUR INSURER E: INSURER F: MED EXP (Any one person) COVERAGES CERTIFICATE NUMBER: NYC - 006468311 -03 REVISION NUMBER:6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS. LTR TYPE OF INSURANCE ADO INRRIMD B BR POLICY NUMBER MMIOUM'YY MMIDD/YYYY LIMITS A GENERAL LIABILITY GL 2095786635 1010112011 10/0112012 EACH OCCURRENCE 13 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE 0 RENTED PREMISES Ea eccummxa $ 1,000,000 CLAIMS-MAOE � OCCUR MED EXP (Any one person) 3 25,000 PERSONAL & ADV INJURY S 2,000,000 GENERAL AGGREGATE 3 6,000,000 GEN'L AGGREGGATTIE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG 3 14,000,000 POLICY X I PRO- f LOG IFCT S A AUTOMOBILE LIASIUTY BUA 2095786697 10101/2011 10101 012 COMBINED SINGLE LIMIT Ea accident 3 2,000,090 BODILY INJURY (Per person) 3 X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) 3 PROPERTY DAMAGE Per accident S X X NON -OWNED HIRED AUTOS AUTOS Auto Physical Damage s Included A X UMBRELLA LIAR X JOCCUR L 2068208285 10101 /2011 10101 /2012 EACH OCCURRENCE 3 5,000,000 AGGREGATE S 5,000,000 EXCESS DAB CLAIMS -MADE DED I X I RETENTION$ 10.000 S B WORKERS COMPENSATION WC 2095786604 (ADS) 1010112011 1010112012 X WC STATU- OTH. QBy LIMIT C B AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/ EXCLUDED? (Mandatory inN NH) 1E IMandalory to NH) NIA WC 2095786621 (1 ,OR,WI) WC 20957866181 ( ) 1010112011 1010112011 1010112012 1010112012 E.L. EACH ACCIDENT 1,000,000 3 E.L. DISEASE - EA EMPLOYE 3 1,000,000 If Dyes,RIPTION under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: 312057 NEWPORT BEACH CITY HALL SIGNAL ADDITIONAL INSURED UNDER ALL POLICIES (EXCEPT WORKERS COMPENSATION & EMPLOYERS LIABILITY) WHERE REQUIRED BY CONTRACT: CITY OF NEWPORT BEACH ITS OFFICERS, OFFICIALS, EMPLOYEES AND AGENTS. WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT. COVERAGE PROVIDED TO THE ADDITIONAL INSUREDS IS PRIMARY & NON - CONTRIBUTORY. CERTIFICATE HOLDER CANCELLATION CRY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: MIKE ST. CLAIR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3300 NEWPORT BLVD. ACCORDANCE WITH THE POLICY PROVISIONS. NEWPORT BEACH, CA 92663 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Heidi Bauermeister lip, ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC-® ®/� AGENCY CUSTOMER ID: 958870 LOC S: Norwalk ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED MARSH USA, INC. KOC INC DIBIA DYNALECTRIC 4462 CORPORATE CENTER DRIVE POLICY NUMBER LOS ALAMITOS, CA 90720 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: __ 25_ FORM TITLE: Certificate of Liability Insurance Auto Physical Damage Camp I Coll Deductible $500 In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Pan (other than the reduction of aggregate limits through payment of clams as applicable). Insurer agrees to mail prior written notice of cancellation or material change lo: Certificate Holder Schedule 1. Number of days advance notice: For any statutorily permitted reason other than non- payment of premium, the number of days required for notice of cancellation as provided in paragraph 2 claimer the Cancellation Common Policy Conditions or as amended by the applicable slate cancellation endorsement is increased to the lesser of fiD days or the number of days required in a written contract. For non - payment of premium, The greater of (1) the number of days required by stale law or (2) the number of days required by written cantracl. 2. Name: Notice volt be mailed lo: Certificate holder ACORD 101 (20081011 © 2008 ACORD CORPORATION. All rinhte rasarvad The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL 2095786635 Carrier: Continental Casualty Cc Formerly known as 20 10 11 85 Effective date: 10/01/2011 — 10/01/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM R) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Yy71��19tiq Name of Person or Organization: All persons or organizations you are required to by contract to add as an additional insured and tl,e contract requires the use of former ISO endorsement CG 2iO1 G 11.185 or its equivalent or producir completed operations Coverage. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. This endorsement is part of your policy and takes effect on the effective date of your policy, unless another effective date is shown above. Countersigned by Authorized Representative POLICY NUMBER:GL 2095786635 Effective Date: 10 -1 -11 to 10 -1 -12 Carrier: Continental Casualty Company COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization with whom you agree under a contract to waiver your right to recover against them. You must agree to this waiver prior to the date of loss. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "Your work" done under a contract with that person or organization and included in the "products- completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: BUA 2095786697 COMMERCIAL AUTO Carrier: Continental Casualty Company CA 0444 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: EMCOR Group, Inc. Endorsement Effective Date: f0 -1 -11 to 10 -1 -12 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A CONTRACT OR AGREEMENT. Information required to complete this Schedule, it not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 03 10 Copyright, Insurance Services Office, Inc., 2009 Page 1 of 1 POLICY NUMBER: BUA 2095786697 CARRIER: Continental Casualty Co Business Auto Policy Effective date: 10 /01 /2011 - 10/01/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Blanket Additional Insured - As Required By Contract This endorsement modifies insurance provided under the following: Business Auto Coverage Form Schedule Name of person or organization: Any person or organization for whom you are obligated to provide Business Auto Liability Insurance coverage as an additional insured by contract or agreement. Paragraph 1. Who is An Insured (Section II — Liability Coverage) is amended to include as an insured the person or organization show in the schedule, but only with respect to liability arising out of the ownership, maintenance or use of a covered auto. Our limit of liability for the additional insured will not exceed the limits of liability of this policy. The inclusion of more than one insured in this policy will not operate to increase our limit of liability. This endorsement is part of your policy and takes effect on the effective date of your policy, unless another effective date is shown above. Copyright, Insurance Services Office, Inc., 1992 11 CNIA (d 11/97) (Ed. 1 1 /97) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2 %. Carrier: American Casualty Co. of Reading, PA. Policy no: WC 2095786618 Eff eclive d ale: 10/01Y2011-10/01/2012 G-1 9160-B Page 1 of 1 (Ed. 11/97)