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HomeMy WebLinkAboutC-3861 - Police Facility Perimeter Security Fence1� Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder RECORDING REQUESTED BY AND FEE WHEN RECORDED RETURN TO: 2047040516352 09:21am 48120147 City Clerk loo tas N12 1 City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard Newport Beach, CA 92663 !� "Exempt from recording fees 1' pursuant to Government Code Section 27383" Atp NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Lightning Fence Company of Poway, California, as Contractor, entered into a Contract on January 23, 2007. Said Contract set forth certain improvements, as follows: Police Facility Perimeter Security Fence (C -3861) Work on said Contract was completed, and was found to be acceptable on August 14, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Explorer Insurance Company. City 5f Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on� at Newport Beach, California. BY h4 P 0 0 A1,111' .03 PFA6311 OFFICE OF THE CITY CLERK LaVonne M. Harldess, MMC August 15, 2007 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3861) Please record the enclosed Notice of Completion and return them to the City Clerk's office. Thank you. Sincerely, (} LaV nn rkless, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Lightning Fence Company of Poway, California, as Contractor, entered into a Contract on January 23, 2007. Said Contract set forth certain improvements, as follows: Police Facility Perimeter Security Fence (C -3861) Work on said Contract was completed, and was found to be acceptable on August 14, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Explorer Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on� 15f� at Newport Beach, California BY �-d� &!KK Pf �7 �I City Clerk LJ • • c -N) 0410D- 2w) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 August 14, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Marcus Puglisi, Construction Contract Manager 949 - 644 -3331 or mpuglisi @city.newport- beach.ca.us SUBJECT: POLICE FACILTY PERIMETER SECURITY FENCE: ACCEPTANCE OF CONTRACT NO. 3861 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after City Council acceptance. DISCUSSION: On January 23, 2007, the City Council authorized the award of Contract No. 3861 to Lightning Fence Company. The project included the installation of a perimeter security fence and controlled gate access around the Police Department and the adjacent Fire Station No. 3. The contract has now been completed to the satisfaction of the Public Works, Police, and Fire Departments. A summary of final contract cost is as follows: Original bid amount: $387,000.00 Change order: Delete landscape & Irrigation Repairs - 2.647.50 Final contract cost: $384,352.50 One Change Order was issued for the project. Landscape and irrigation repairs were deleted from the contract in favor of such work being directed more appropriately by personnel from the General Services Department. The total construction cost is $384,352.50. • Police Facility Perimeterarity Fence, Contract No. 3861 August 14, 2007 Page 2 Other Proiect Costs: In addition to the primary construction contract, this project involved other project expenses from two funding sources, including a federal grant from the Department of Homeland Security under its Urban Area Security Initiative (UASI) program and from the General Fund. Total project expenses are summarized as follows: Construction Electrical Surveying Landscaping Incidentals Total Project Cost Environmental Review: $384,352.50 5,995.00 10,5050.57 6,245.00 1,333.48 $408,431.55 The City's project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers minor alterations of public highways and facilities involving negligible or no expansion of use beyond that existing at the time the project was authorized by City Council. Funding Availability_ Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7285- C5100860 $ 48,930.98 Contribution (UASI Grant) 7281- C5100860 359,500.57 Total Construction Cost: $408,431.55 All work was completed by the adjusted contract completion date of July 9, 2007. Prepared by: r Marcus Puglisi Construction Contract Manager Submitted in G. Badum Works Director 0 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS (re- advertised for bids) Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 am on the 11th day of January, 2007, at which time such bids shall be opened and read for POLICE FACILITY PERIMETER SECURITY FENCE Title of Project 3861 Contract Number by ?phen G. Badum is Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE htto://www.city.newpo beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $20 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. Contractor License Classification(s) required for this project. General Engineering A or Fencing C -13. For further information, call Lloyd Dalton, Project Manaaer at (949) 6443328 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 2 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 INSTRUCTIONS TO BIDDERS" The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS. ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the. contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: htto:/ /www.apo.gov /davisbacon /ca.htmi 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. %5-Y C -/3 Contractor's License No. & Classification Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of POLICE FACILITY PERIMETER SECURITY FENCE, Contract No. 3861 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness ours hand this day of .2007. 1/� Name 61f Contractor (Principal) Authorized Signature/Title Explorer Insurance Company Name of Surety Authorized Agent Signature Address of Surety Print Name and Title Telephone (Notary acknowledgment of Principal & Surety must be attached) I.C.W. GROUP • • ❑ INSURANCE COMPANY OF THE WEST ® EXPLORER INSURANCE COMPANY Project #3861 ❑ INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL, SAN DIEGO, CA 92130 -2045 P.O. BOX 85563, SAN DIEGO, CA 92186 -5563 (858) 350-2400 FAX (858) 350 -2707 www.kwgroupxom BOND NO. Bid Bond BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Lightning Fence Company, (hereinafter called the Principal), and Explorer Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of CA, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CA, as Surety, are held and firmly bound unto City of Newport Beach (hereinafter called the obligee) in the just and full sum of Forty-five thousand Dollars ($45,000.00) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated January 11,2007 for bid in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 10th day of January, 2007. ffn 1W Lighnce pany GN -ICw 155 (7100) ICW GROUP No. 0001877 Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer hisumnce Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred in as the "Companies'), do hereby appoint T.W. THOMPSON, JR. their true and lawful Attomey(s)-m -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1 st day of November, 2005. eaanwr�,r *SUt:yy�,�. o?1� \e 8 d' INSURANCE COMPANY OF THE WEST E O.„SEAL _9 s EXPLORER INSURANCE COMPANY +`E` V .., °}�r %corn• °'? : a INDEPENDENCE CASUALTY AND SURETY COMPANY is oa�pa• °fit Jeffrey D. Sweeney, Assistant Secretary State of California County of San Diego ss. John L. Herman, Executive Vice President On June 5, 2006 before me, Mary Cobb, Notary Public, personalty appeared John L. f-Ionnum and Jeffrey D. Sweeney, personally known to me in be the persons whose names are subscribed to the within instrument, and acknowledged m me that they executed the same in their authorized capacities, and that by their signorinas on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. ,--A Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, am hereby authorized in execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to dare, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and othef similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if mortally affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance, Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this lOtt&y of January 2006 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1- 800 -877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350.2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Diego On January 11, 2007 before me, Novelyn S. Thompson, "Notary Public" Date Name and Title of officer (e.g.. "Jane Doe. Notary Public') personally appeared Dan Flud Name(a) of Signe,(s) NOVELYN S. THOMPSO COMMA. #1652677 NOTARYPUBUC • CALIFORNIA �• SAN DIEGO COUNTY Commission es .16, 2010 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by hisRredtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Tide(s): ❑ Partner —❑ Limited ❑ General i Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUf.QSPRINT OF SIGNEH 0 � Nardonal Notary Association , 9350 De acre A", P.O. Box 2402 , Chats�dlh, CA 91313-2402 Re. No. 5907 Reorder. Call Toll-Frel, I-BOD-876M Best's Rating Center - Compan4formation for Explorer Insurance ConWY Rating Center view Ratirgs: Firunc IStrgn_qtb Issuer Credit Securities AdmarsadlAgattb Rating Meft_ i0logy IridtAlry RMMrcn Ra1nQsOefnMierfa ' Explorer Insurance Company SRQ18tlet'e Ratinge (a merreer or JCKGr ) AM.eect N: 92852 NAICN:49929 FEIN%: 94278,1519 Pratt Releassi Address: P.O. Box 85563 Phone: 858 - 350 -2400 Rodtaaa San Diego, CA 92186 -5563 Fax: 858 -350 -2792 Web: wwwJ group.com 1 Flow to Get Rated I Best's Ratings Financial Strength Ratings View. Defrni . ns Rating: A. (Excellent) Affiliation Code: p (Pooled) Financial Size Category: IX ($250 million to $500 million) Outlook: Stable Action: Affirmed Effective Date: July 31, 2006 * Denotes Under Review Best's Ratings Page 1 of I Other Web Centers: ll Assigned to companies Nat hare. n our ppnm, an dlent Wilily to n�rr their ongoing Migadons to pofi yhddem Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Group. Best's Company Repor - includes Best's Financial Strength Rating and rationale along with comprehensive analyl T edetailed business overview and key financial data. l Report Revision Date: 0810112006 (represents the latest significant change). Historical Reports are available in Best's Company Report Archive. IZ Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style re sheet Income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2006 Best's Statement File - PIC, US. Contains data compiled as of 11128/2006 (Quality Cross Checl • Single Company -five years of financial data specifically on this company. • Com —arson - side -by -side financial analysis of this company with a peer group of up to five other companies yc • Composite - evaluate this company's financials against a peer group composite. Report displays both the avers composite of your selected peer group. Note: Adobe Reader is required to view the reports listed above. This software is available free from Adobe System: option is also available once the report has been opened using Adobe Reader. Best's Key Rating Gulde.Presentadsn.BSysrt - includes Best's Financial Strength Rating and financial data as on Rating Guide products. v r Data Status: 2005 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's_PropeM /Casualty Center -.Premium Data & Reports Best's Key Rating Guide_ PIC USUS &. Canada Best's Statement,File_ PIC USUS Bests Statement File - Global Res' _insurance Reports - PIC, US & Canada Best's State Line - PICUS Best's Insurance Expense Ex77ibil f IEE) - PIC US Best's State/Line (Combined Lines) _PICUS Customer Service I Product Support I Member Center I Contact Into I Cereals About A.M. Best I Site Map I Privacy Policy I Secud I Terms of Use I Legal & Licensing Copyright 2007 A.M. Best Company, Inc. All rights reserved A.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S.A. http: / /www3.arnbest. com/ratings/FullProfile .asp ?B1= 0 &ANONum= 2852 &AItSrc =1 &Alt... 01/16/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, - certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid item Description of Work %or Number Total Bid Name: C;flee. Address: P. 0 , 50)( / 7 Xc� Pf L/ tY�C °KLQi 0 7 Phone: State License Number. Name: STG� f�.Z2K �j Are Address: P'"j S eri< O��a f erS g owl.:p0n)1`0- ave., �i et)k" 'e,r Ca. Aol�cas /� 3 i°"^P��. /tom. Phone:�;7Qa— State License Number: CRa� S SSoZ Name: fA5 1—?-,A V, Address: ia .os l o ta c��ie l�� �s/ t;► -�C. RoAO PhoneValley CrQ. Cct,�a. S State License Number: c�,d t?ZIJK �i �t ln,T►�l ;�01 /�Oid1CiP. Ce Bidde sl�aeLl/ r1� Au orize ignature/f itle ,S v fs E • Co�sT • -. . • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 DESIGNATION OF SUBCONTRACTOR (S State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) — Bid Item Description of Work %of Subcontractor's Information Number n C Total Bid Name: LOA )5� (/t,i7S..n� [/ �V1 CiFr�� T+e$C Address:: R � 7 `- v,r Phone: (e 19 -9aa -fie -7 State License Number: Name: Address: Phone: Slate License Number: - Nama " Address: Phone: State License Number: - z�,-- - Bidder • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of San Diego J On January 11, 2007, before me, Novelyn S. Thompson, "Notary Public" Date Name and We of Officer (e.g., 'Jane, Doe, Notary Pubic") personally appeared T. W. Thompson, Jr. Name(a) of Signer(s) NF Mnlr 4lan LYN S. THOMPSO OMM. #1652677 °3 Y PUBLIC a CALIFORNIA AN DII COUNTY Cices XX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official se Piece Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is Trot required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Otter Than Named Above: CapackAies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Tmtle(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Tnle(s): • Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THIJM BRHINT OF SIGNER : 3>' 3��t' �>" JL" J<" i>"✓"' JS` �2�2v"- �: "✓ ":�L`:is:J:`?Yi`:✓<`�i`:US ✓Y�>;°v�JC�.'J<`"J'Cei'2`3 "ei °eY •eY,. e{. D' < "nn:.r.`- . %i°�n1 %'y '%":% :% e 9350 , P.O. BOX 2402 • , :,,: 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!II Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number _ �Ey, c i +AS -SC,0 c21 Project Description //ar _SC;,m AS Approximate Construction Dates: From d- -/-© 6 To: d-/- O (O Agency Name Contact Person ZSAKFAKA IQ= r son Telephone (?w'o Original Contract Amount $� .final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims . against you /Contractor? If yes, briefly explain and indicate outcome of claims. V Project NameMumber Q, Cxq R, ye re, V y A4 F t kpt t Sec . / Project Description Approximate Construction Dates: From -O o:�Z� —G7 Agency Name Contact Person `�� -1- ��I2- Telephoneol -!4/ 5- 3 �.ZQ Original Contract Amount $dinal Contract Amount $_o %r� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description S -® i Approximate Construction Dates: From ` , To: Q—/_d Agency Name ©G sN CeL G� Contact Person SOCK l*or�o4j Telephone Q� �OJ- 93T9 Original Contract Amount $4inal Contract Amount $_ / 6;-4 0-'0<D If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 4 Project Name /Number BOU S,ka, e YIG� (ZEIp /r�GGl�ii�c/� Project Description e— e2+ A :)5. Approximate Construction Dates: From Z/ o: p o Agency Name S" Contact Person 6A. <<1 Telephone/() Original Contract Amount $_/YS LiVnal Contract Amount $ %-3. )-O o If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. S Project Name /Number Project Description /7G Approximate Construction Dates: From '3 —/-0 Cp To: !z—/—o p Agency Name Contact Person 6AJa / t S f i • • No. 6 Project Name /Number Project Description Approximate Construction Dates: From _ Y — AQ G To: l02 / -O 6 Agency Name RIJ Contact Person SQ?m yQW SCI ,,Telephone �Sc� f �p� � 9.5 Original Contract Amount $lV /UC42final Contract Amount $ If final amount is different fromoriginal, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of tbBContractoes current financial conditions. L kR%Th7i��_ Gc>it/ei Bidde Authori d ignaturelritle 10 ?ic�.a1 • • LIGHTNING FENCE COMPANY 13950 Olive Crest Way Poway, Ca. 92065 PH- (858)679 -6524 FAX- (858)679 -6524 Lie# 757458 The following is a list of some jobs completed by Lightning Fence Co.m the past five years Oceanside School Dist, 2111 Mission Ave Ice Morrow 760.801 -9379 Encinitas School Dist. 101 S. Rancho Same Fe Barb Peterson 760 - 944-4300 City of Carlsbad 1635 Faraday Paul Harrison 760- 802 -8614 Cal -trans 1463 Broadway Ricardo Padilla 858-688 -1495 State of Cal. Parks 4477 Pacific Coast Hwy Wade Marlin 619 - 293 -7830 City of S D Housing 9550 Ridgehaven Gary Geivin 619 - 578 -7485 City of Ranco Cuca. 10500 Civic Ctr Walt Stickney 909 -477 -2740 Kern County 1300 17 th Larry Reider 661 - 636 -4000 City of Whittier 13230 Penn Pat Puller 562- 464 -3520 City of West Covina 1444 West Garvey Brace Himmell 626 - 939 -8425 County of Ventura 800 S Victoria Dennis Horne 805- 6543984 DVL Of Fish 18129" Casey Weir 916 - 323 -1587 Ch2m Hill 2020 S W 41" Kevin Cooley 503 -235 -5000 W&HPacific 3350 Monte Villa Pkwy David Williams 425-951-4700 167,000.00 189,000.00 Tot. 56,400.00 548,000.00 61,600.00 143,200.00 183,000.00 192,400.00 167,200.00 143,500.00 145,200.00 46,300.00 372,000.00 428,000.00 Lightning Fence has completed many Military projects, Schools and various GovL Contracts . Public Works Projects is all that we bid, I hope dib information is belpfull. 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 NON - COLLUSION AFFIDAVIT State of California ) ss. County of.!�,-? � ems) /24 =1 1'1�1661 being first duly swam, deposes and says that he or she is e4tk)eA � of �ti --*c-e , , the party making the foregoing bid; that the bid is not made in the interest or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of,, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the ate of California that the foregoing is true and correct. L r VE'N'N ZLR EtM,6 VZZ:�Z Bidder' Auth6ri& Signature/Title Subscribed and swom to (or affirmed) before me on this�day of /-< 2007 by �Cs ✓� ��u2Y personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. NMLYN S. THOMPSO COMM. #1652677 NOTARY PUBLIC • CALIFORNIA SAN DIEGO COUNTY [SEAL] Connn� .16, 2010 11 My Commission Expires:�16 0010 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 DESIGNATION OF SURETIES Bidders name , Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): % 55'°x• r�cAP�% rz /7I QV 4 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name�h'�r�;�_t'nr/C� Co Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. I)o.) 4g,7 13 QM 0 Current Record Record Record Record Record Year of for for for for for Record 2006 2005 2004 2003 2002 Total 2007 No. of contracts -3 3 - 3 33 Total dollar Amount of Contracts (in d a� 13)D 8/o 00 5! L� 7� Thousands of $ No. of fatalities D © © D No. of lost Workday Cases ® © C7 CD 8 C*) d No. of lost_ workday cases involving permanent v d C) c) U O transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. I)o.) 4g,7 13 QM 0 E 0 Legal Business Name of Bidder L, i G C Business Address. IS O ve — Flou) a Coe %o6y Business Tel. No.: Z d3� State Contractor's License No. and Classification: 7.S Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date I itle DW,deK Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 ACKNOWLEDGEMENT OF ADDENDA Bidders name q h'r11 + h�i Jy GL Ca The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Sig a r AMt O PAV� 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of pequry under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: 4 , hTrx, 60 Fe mc,2C.c> Business Address: 139 ©]�Ve /C(C'S7' 60 gy t'owa Telephone and Fax Number. � 8- g %9- [¢✓���1 ? 5-,p 6 ?,9-4 S California State Contractors License No. and Class: ZS 00 (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone �25' Corporation organized under the laws of the State of 16 i • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: CM All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: /- G For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. "Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo,f'c°�pliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No J Are any claims or actions unresolved or outstanding? Yes / No 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Z&?O /l ei Failure of the bidder to provide ALL requested information in a complete and accurate manner may be Considered non - responsive. Bidder OzZ4 mil/ (Print name of Owner or President of�Corporation/ mpany) Authoriz Signature/Title Title 1-11-697 Date Subscribed and sworn to (or affirmed) before me on this-_day of -(.(1 .2007 by 40 J&&d personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. INOVE L YN S. THOMPSON COMM. #1652677 NCT'•Ry P. RLIC • CP., FpRNIA SAN DIEGO COUN i V ommi $Ion fires . 16, 2010 [SEAL] 18 M► i My Commission Expires: / b)0/0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 0 } ss. County of San niego J On January 11 _ 911117 before me, Date Na a entl Ttle of Officer e.g., `Jane Dce, Ndery P lic7 personally appeared Dal; V11.4 Name($) of Signer(s) n personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed NOVELYN S. THOMPS� to the within instrument and acknowledged to me that "` ELYN 816HOM he /she/they executed the same in his/her /their NOTARY PURIC • CALIFOR�A authorized capacity(ies), and that by his/her/their SAN DIEGO CO!" signature(s) on the instrument the person(s), or the C.Rxrts....Ex Tres . t6.20t0 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above I amore d Notary Public OPTIONAL Though the Information below is not required bylaw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General • Attorney in Fact Top of thumb here • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I Signer's Name: • Individual • Corporate Officer— Title(s): • Partner —❑ Limned ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 2004 National Noary Associa5 -9350 De Sdo Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2902 Item No. 5907 Reortler. Call Toll-Free 1-800. 8786827 California Business Search Page 1 of 1 c1111t���14111r1 �i1, +I!11C�S . Ti tMIT .lct'rcl:[r� of Talc L)ERR- -k Y.c: %V—rNN DISCLAIMER: The information displayed here is current as of JAN 12, 2007 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http;// kepler. ss. ca. gov/ corpdata/ ShowAliList ?QueryCorpNumber= C2885091 &printer —yes 01/16/2007 Corporation LIGHTNING FENCE COMPANY, INC. Number: C2885091 Date Filed: 6/19/2006 Status: active Jurisdiction: California Address 13950 OLIVE CREST WAY POWAY, CA 92064 Agent for Service of Process DANIEL FLUD 13950 OLIVE CREST WAY POWAY, CA 92064 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http;// kepler. ss. ca. gov/ corpdata/ ShowAliList ?QueryCorpNumber= C2885091 &printer —yes 01/16/2007 License Detail • . Page 1 of 2 License Detail CALIFORNIA CONTRACTOU STATE LICEN Contractor License # 757458 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P_7124,6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 01/16/2007 * * * Business Information * * * LIGHTNING FENCE CO 13950 OLIVE CREST WAY POWAY, CA 92064 Business Phone Number: (858) 748 -1960 Entity: Sole Ownership Issue Date: 12/28/1998 Expire Date: 12/3112008 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Additional Status Information * * * The license may be suspended on 02/15/2007 if the workers" compensation insurance polic filed with the CSLB. * * * Classifications * * * Class Descri tion C13 FENCING http: / /www2.cslb.ca.gov /CSLB LIBRARY /License+Detail.asp 01/16/2007 License Detail Page 2 of 2 * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 191968 in the aml $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY.COMPANY. Effective Date: 01/01/2007 Contractor's Bonding IiistQry * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION _I_NSURANCE.FUND Policy Number: 229 - 0032580 Effective Date: 11/17/2005 Cancellation Date: 01/10/20 Workers Compensation History Personnel List License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2006 State of California. Conditions of Use Privacy.Policy http: / /www2.cslb.ca.gov /CSLB_LIBRARY /License +Detail.asp 01/16/2007 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 THIS AGREEMENT, entered into this 0?3rday of 007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and LIGHTN�I G FENCE COMPANY, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: POLICE FACILITY PERIMETER SECURITY FENCE Project Description as described in the Contract Documents. Contract No. 3861 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3861, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. go 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Hundred Eight -Seven Thousand and 00 /100 Dollars ($387,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lloyd Dalton (949) 644 -3328 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Lightning Fence Company 13950 Olive Crest Way Poway, CA 92064 858 - 679 -6524 858 - 679 -6523 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract" G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 7T� 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence' 1 form number CG 0002 (Edition 11185) or Insurance Services Office form number ( # GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance tr U Services Office form number GL 0404 covering Broad Form Comprehensive C „ General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 f Changes in Business Auto and Truckers Coverage forms - Insured Contract. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. " 2. Minimum Limits of Insurance De Coverage limits shall be no less than: v' r it a) General Lability: $1,000,000.00 combined single limit per occurrence for bodily V injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate {� limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 2I j�j c) Workers' Compensation and Employers Liability: Workers' compensation limits las required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 0 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day CITY OF NEWPORT BEACH APPROVED AS TO FORM: 4 4� C r n C. Harp Assistant City Attorney 25 LIGHTNING FENCE COMPANY Title: Print Name: By: (Financial' Officer) Title: OW e Print Name: FFZCM : LIGHTNING F.ICE FRx N0. : 8586796523 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILJ rY PERIMETER SECURITY FENCE r'VL11re re�v�u f ONTgA =T NO. 3$611 BOND NO. 220 76 $b LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "principal,' a contract for construction of POLICE FACILITY PERIMETER SECURITY FENCE, Contract No. 3861 In the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3861 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or-for any work or labor done thereon of any kind, the Surety on this bond will pay the some to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Explorer Insurance Company duly suthortzed to transact business under the laws of the State of Callfomia, as Surety, (referroA +? herein na, �° "ri are e held :flrmty bound unto the City of Newport Beach, in the sum of (' Th _r_. e'hu_. n q _ r ed . eight _ seven thousand t) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. FROM : LIGHTNING FENCE COWAM41 FAX N0. : 8586796523 Tan. 25 2007 09:06AM P5 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at seq. of the Civil Code of the State of California. And Surety, for value received, her ®by stipulates and agrees that no change; extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the above named Principal and Surety, on the 26th . day of January 2007 Lightning Fence Company Name of Contractor (Principal) Explorer Insurance Company Name of Surety PQ Box 85563.,22n Diego CA 9218E Address of Surety (858) 279 -5951 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST SE ATTACHED 27 FROM LIGHTNING FENCE COVR** FAX No. : 95136796523 `Jan. 25 2007 09:05W P4 CITY OF NEWPORT BEACH PUBLIC WORKS 05PARTMENT i POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 BOND N0. 220 76 56 FAITHFUL PERFORMANCE 13OND The premium char�es on this Bond is $ 4,370.00 1. being at the rate of $ t I.29 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal", a contract for .construction of POLICE FACILITY PERIMETER SECURITY FENCE, Contract No. 3864 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3869 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Explorer Insurance Company , duty authorized to transact business under the laws of the State of California as Surety (hereinafter 'Surety), are held and firmly hound unto the City of Newport Beach, in the sum of (INSERT CONTRACT DOLLAR AMOUNT) 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 Princ€pal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform arty or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on Its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true Intent and meaning, or fails to €ndemn€fy, 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 th€s Bond; otherwise this obligation shall become null and void. 28 FPhM LIGHTNING FENCE M1'AN* FAX NO. : 8586796523 &an. 25 2607 09:05nM P3 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and -fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value n celved, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal In full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety above named, on the 26th day of January 2007. . Lightning Fence Company Name of Contractor (Principal) Explorer Insurance Co. Name of Surety PO Box 85563,San Diego,CA 92186 Address of Surety (858) 279 -5951 Telephone T.W, Thompson, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED O ICW GROUP No. 0001877 Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies'), do hereby appoint T.W. THOMPSON, JR. then true and lawful Atmmey(s)-m -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duty authorized officers this 1 st day of November, 2005. �F\srT'' avoec tcoar rra t it a o�� $' 4 -I- INSURANCE COMPANY OF THE WEST I(O „SEAL _I9 , ' EXPLORER INSURANCE COMPANY 'sari, tot' o�r /4 /� INDEPENDENCE CASUALTY AND SURETY COMPANY o4aaeao � Jeffrey D. Sweeney, Assistant Secretary State of California } County of San Diego ss. 019109"� John L. Hannum, Executive Vice President On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L. Hanmmt and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granced and is signed, sealed and notarized with facsimile sigra m e; and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named m Attorney(s )-in -Face to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signature of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, priming, typing, or photocopying." CERTIFICATE L the undersigned, Assistant Secretary of insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this '26th day of January 2007 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1- 800 -877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the shove named individual(s) and details of the bond to which the power is attached. For information or filing claims, please comet[ Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350.2400. 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 0 rss. County of San Diego On 1 -26 -07 before me, Novelyn S. Thomneon. Notary Public Dale Name and Title of Officer (e.g., 'Jane Due, Nolary Public') personally appeared NDYfJ YN S. THOMPSO `'S SNtO�ADC01M[Y 1 4810 Name(s) of signegs) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offi ' I seal. Plow Naiary Seal Above SlgneWreof Notary I lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 01 Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HIGH: TH U613 PRINT OF SIGNER Lo 02004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chalawodll, CA 91313 -2402 Item No. 5907 Reorder: Call Toll -Free 1'800 - 8766827 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Diego On 1 -26 -07 before me, Novelyn S. Thompson, Notary Public Dab Name and Title of OBicer (e.g.. 'Jam Doe. Nolary Public ) personally appeared T.W.Thompson. Jr. Name(a) of Signer(&) NOVEL* 3.11 - COW& 016ON77 i . NDTARYi t1D R • SAN DIEGp ODLXIY .1 2010 CR personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand andL`pfficial s I. Plaw Notary seal Above signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUME)PRINT OF SIGNER 0 Number of Pages: Signer's Name: ❑ Individual • Corporate Officer—Title(s): • Partner —❑ Limited ❑ General i Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNFR 0 ACORD. CERTIFICATE OF LIABILITY INSURANCE I °"TEMIMMUNWY) PRODUCER 43 Tom Thompson Insurance Agency, P.O. Box 710100 4542 Ruffner St., Suits 170 San Diego, CA 92171 -0100 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HOLDER. THIS HISOCERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAICO INSURED Lightning Pence 13.950 Olive Crest Way Poway, CA 92064 LIGN00 INSURER A: AMID INS CO 29300 INSURER B: AMERICAN ECONOMY INSURANCE CO. I9690 INSURER C: INSURER D: ACP 7802573140 INSURER E: 12/12/2007 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR kOD-L TYPE OF INSURANCE POLICY NUMBER POLICY FFFECTIVE POUCYEXPIRATION UMRS -LUL A GENERAL UASIUTY ACP 7802573140 1211212006 12/12/2007 EACH OCCURRENCE 8 1000000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea ac —RENTED e 8 100000 MEDEXPIA,,Y One son) 8 5000 CLAIMSMADE Y OCCUR PERSONAL B ADV INJURY $ 100000_0 GENERAL AGGREGATE 8 20000_00 GEN -L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP AGG 3 2000000 POLICY PRO LOC B AUTOMOBILEUABIUTY 02 -CE- 244049.1 10/17/2006 10/17/2007 COMBINED SINGLE LIMIT ANYAUTO (Eaacdtlentl 3 _ 2000000 BODILY INJURY 3 ALL OWNED AUTOS X SCHEDULED AUTOS IPer person) X BOOILVINJURV 3 HIRED AUTOS NON -OW NED AUTOS IPer acci0anq X PROPERTY DAMAGE ALL ONNNED NON PR GARAGE UABIUTY AUTO ONLY - EA ACCIDENT 8 OTHERTHAN .EA ACC 8 ANYAU70 3 AUTOONLY: AGO A F�XCESS/UMBRELLA UABIUTY ACP CAA 78025273140 1211212006 12/12/2007 EACH OCCURRENCE 3 1000000 K CLAIMSMADE _ AGGREGATE 3 1000000 _ S I DEDUCTIBLE _ 3 X RETENTION $0. WC5TAYU OTH W COMPENSATION AND TORY I WITS FR ...._..._.. _.. E.L. EACH ACCIDENT I EMPLOYERS'IIABILITY PLOYS i 4 ANY PROPMETORIPARTNEWEXECUTIVE - _ OFFICERIMEMBER EXCLUOEO? E.L. DISEASE EA EMPLOYEE 3 IIYes,Cescribeurger -- — SPECIAL PROVISIONS below E.L. DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Newport Beach, its officers, agents, employees and volunteers have been named as Additions Insured with Primary Wording for General Liability and Commercial Auto. Waiver of Subrogation for Workers Compensation. Job: Police Facility Perimeter Pence, contract 03861. City of Newport Beach Attn: Shauna Lyn Oyler Admin. Assistance /Public Works 3300 Newport Blvd. Newport Beach, 'CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL 9LIX*2ffi=MAIL 30 DAYS Wm EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ACORD CORPORATION 1988 0 0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policyties) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsements). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurerlsl, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001 /08) 0 0 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 70 57 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS 3300 NEWPORT BLVD, NEWPORT BEACH, CA 92663 Project Name: NEWPORT BEACH POLICE FACILITY PERIMETER FENCE Project Location: 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 (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 additional insured, the person or or- ganization shown in the Schedule, but only with respect to liability for "bodily Injury", "property dam- age' or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: 1. Coverage does not apply to "bodily injury" to an "employee" of the named insured. 2. This insurance does not apply to 'bodily in- jury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. - CO 70 57 10 05 ACP MCT07802673140 750J 07067 AGENT COPY Page 1 of 1 78 0023658 POLICY NUMBER: ACP MCTO 7802468705 28 (01 -86) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 PROJECT NAME: NEWPORT BEACH POLICE FACILITY PERIMETER FENCE PROJECT LOCATION: 3300 NEWPORT BLVD THE FOLLOWING IS ADDED TO THE OTHER INSURANCE CONDITION IN SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: 4. OTHER INSURANCE D. THIS INSURANCE IS PRIMARY FOR THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR ONGOING OPERATIONS PERFORMED FOR THAT INSURED. OTHER INSURANCE AFFORDED TO THAT INSURED WILL APPLY AS EXCESS AND NOT CONTRIBUTE AS PRIMARY TO THE INSURANCE AFFORDED BY THIS ENDORSEMENT. 28 (01 -86) ACP MCT07802573140 750J 07067 AGENT COPY 78 0023659 0 0 ^••REPRINTEDF1 HEARCHNE. THE ORIONAL TRANSACTM WY1NCLUDEADD1n FORM ^" AMERICAN ECONOMY INSURANCE COMPANY PAGE 01 SEATTLE, WASHINGTON AGT* xxxxxxx + + +x +x +,xxxxxx xxxxxxxxxxxxxxxxxx * POLICY CHANGE * EFFECTIVE: 02 -14 -07 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx +xx + * +xx NAMED CHRISTOPHER DANIEL FLUID INSURED DBA LIGHTNING FENCE COMPANY MAILING 13950 OLIVE CREST WAY ADDRESS: POWAY, CA 92064 POLICY PERIOD: FROM 10 -17 -06 TO 10 -17 -07 POLICY NUMBER: 02- CE- 144039 -1 AGENT: TOOMBTHOMPSON INS AGENCY INC SAN DIEGO, CA 92171 ((858)227 (840) 9- 5951 *+ xxxx++++++++++ x++ x++ xxxx+ xxxxxxxxx xxxxxxxxxxxxxxxxxx + + +x + + + + + + + *xxxxxx +xx *xxxxxx+ + + * THE CHANGE IN YOUR POLICY RESULTS IN NO CHANGE IN PREMIUM. + + * NEED AUTO ADDITIONAL INSURED ENDORSEMENT WITH NEWPORT BEACH SPECIFICALLY * NAMED. EMAIL ASAP TO ALEXIS @TTINS.COM. INSURED WILL BE KICKED OFF THE JOB * IF THEY DO NOT HAVE IT BY TOMORROW + * , xxxxx++ x+ xxxxxxxxx+ xxxx+ x++++++++++ x+++++++ x++ xxx+ x + + +xx +xx + +xxxxxx +xxxxxxxx + +xx ++ THE FOLLOWING HAS BEEN ADDED - -- ------ ------------------- OTHER # 1 CITY OF NEWPORT BEACH its officers, agents, employees, S volunteers INTERESTS: 3300 NEWPORT BLVD. NEWPORT BEACH CA 92663 CERTIFICATE HUDER PREMISES #999 9- CM(01 -86) SOUTHWEST (SAFEC ) INSURED COPY PREPARED 02 -14 -07 AFP.META2- 14.PRINT001 0624 0005 2 E CE•OLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02 -12 -2007 GROUP: OW228 POLICY NUMBER: 0032580 -2008 CERTIFICATE ID: 22 CERTIFICATE EXPIRES: 11 -01 -2007 11 -01- 2008/11 -01 -2007 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 21 DATED 01 -30 -2007 CITY OF NEWPORT BEACH SD 3300 NEWPORT BLVD NEWPORT BEACH CA 92863 -3818 3861 POLICY FACILITY PERIMETER FENCE NEWPORT BEACH CA 82863 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which It may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. YK THORIZED REPRESENTATI PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW, EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11 -01 -2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2007 -02 -12 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: ----CITY OF NEWPORT BEACH EMPLOYER FLUD, CHRISTOPHER DANIEL AND FLUD, DENISE 13950 OLIVE CREST WAY POWAY CA 92064 SD [B14,SDI (REV.2 -05) PRINTED : 02 -12 -2007 SD Fax #: . • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3 -8 -07 Dept. /Contact Received From: Shauna Oyler Date Completed: 3 -8 -07 Sent to: Shauna Oyler By: April Walker Company /Person required to have certificate: Lighting Fence milqJINla L10411:3II1it A. INSURANCE COMPANY: AMCO Ins. Co. A. B. AM BEST RATING (A: VII or greater): A +XV B. C. ADMITTED Company (Must be California Admitted): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 2mil agg/lmil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must What is limits provided? I mil include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The officers, officials, employees and volunteers): Is it included? ® Yes City its officers; officials, employees and volunteers): Is it F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be Is it included? ❑ Yes included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named notification of cancellation by certified mail; per Lauren Farley, the City will accept the insured is not limited solely by their negligence) Does endeavor wording. endorsement include "solely by negligence" wording? ❑ Yes ® No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Il. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: American Economy Ins. Co. B. AM BEST RATING (A: VII or greater): A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? I mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): N/A Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Compensation Ins. Fund B. AM BEST RATING (A: VII or greater): Not rated C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® Yes ❑ No 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3861 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit:: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Shop Drawings @2& Lo Ax p(, 5,2 ..Dollars and �y � � /?C� Cents $ 2to ma — Per Lump Sum 2. Lump Sum Mobilization @ rMOLAdollars and !?O Cents $ Per Lump Sum 3. Lump Sum Protection, Removal and Restoration of Existing Improvements roe o-rT @�;n� AJ,1 Dollars and /?O Cents $ 000 Per Lump Sum • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Fence, Gates, Open$rs, Controls U20 k1&fLCLred and Cents $T Per Lump Sum Lump Sum Electrical @J 4;6 }6 6xJ�dDollars and no Cents $ Per Lump Sum TOTAL PRICE (WORDS) and no Cents /05¢-V 3 Bidder's and Fax Numbers Bidder's License No(s). and Classification(s) $ 317, Cava TOTAL PRICE (FIGURES) Bidder's Address Pow,q r C* If 9a o Within two days after bids are opened, the low bidder shall submit to the Engineer a "Schedule of Values" for the Lump Sum construction items included in this proposal. The Engineer will use said Schedule to calculate monthly progress payments during the term of construction and to pay for actual units of completed work. i • i 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5 SHOP DRAWINGS AND SUBMITTALS 2 -5.3 General 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK i 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 0 0 6-7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -9 PROTECTION AND RESTORATION OF 10 EXISTING IMPROVEMENTS 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 8 PART 2 -- CONSTRUCTION MATERIALS SECTION 206 MISCELLANEOUS METAL ITEMS 9 206 -7.1 General 9 207 -7.1.2 References 9 206 -7.13 System Description 10 206 -7.1.4 Submittals 10 206 -7.1.5 Quality Assurance 10 206 -7.1.6 Delivery, Handling and Storage 10 206 -7.2 PRODUCTS 11 206.7.2.1 Materials 11 206 -7.2.2 Powder Coated Factory Finishes 12 PART 3 - -- CONSTRUCTION METHODS SECTION 300 0 16 206 -7.2.3 Concrete Footings 13 206 -7.3 Execution 13 206 -7.3.1 Preparation 13 206 -7.3.2 Installation 13 206 -7.3.3 Site Clean Up 14 206 -7.4 Concrete Mow Strips, Gate Pads and Curbs 14 206 -7.5 Power Supply 14 206 -7.6 Operators 14 206 -7.7 Controls 15 206 -7.7.1 Remote Controls 15 206 -7.7.2 Keypads 15 206 -7.7.3 Gate Control Loops 15 206 -7.7.4 Prox Sensors 15 206 -7.7.5 Prox Cards 16 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 16 300 -1.3 Removal and Disposal of Materials 16 300 -1.3.1 General 16 300 -1.5 Solid Waste Diversion 16 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 16 Last saved by mtoceyl2/11 /2006 4:25 PM f. \uses \pbw\ shared \contracts\inmters\inuters for contract set up\rnaster specs index.doc 0 • SP 1 OF 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. M- 5378 -S); (3) the Citys (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802; (714) 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -5 SHOP DRAWINGS AND SUBMITTALS 2-5.3 General. Change the first paragraph to read: "Time is of the essence. In order to satisfy an Urban Area Security Initiative (UASI) grant funding deadline, on or before January 15, 2007 the City may issue the apparent low bidder a `Notice to Proceed with Shop Drawings' for the project. The Contractor shall then be required to submit to the Engineer for approval completely- detailed shop drawings, specifications, electrical calculations and catalogue cuts for the specified security fence with pedestrian and electrically- operated vehicle gates on or before February 5, 2007. Shop drawing submittals shall contain the Contractor's affirmation of compliance with the contract plans and specifications except as noted by the Contractor, plus spaces for approval signatures of the Police Chief, the Fire Chief, and the Engineer." • • SP2OF16 2-6 WORK TO BE DONE. Add to this section: "This is a design -build contract. The work necessary for the completion of this contract consists of designing, preparing and submitting to the Engineer for approval detailed shop drawings, specifications, electrical calculations and catalogue cuts for a security fence with pedestrian and electrically - operated vehicle gates around the perimeter of the City's Police Building and Fire Station No. 3, located at 870 and 868 Santa Barbara Drive, respectively; removing curbs, earth, asphalt, concrete, plant materials, irrigation systems and other obstructions from the fence alignment; coring concrete; constructing concrete gate pads, curbs, mow strips, walkways, etc.; fabricating and installing said fence, pedestrian and vehicle gates; installing electrical power from the point of connection to electrically - operated vehicle gates; installing loops and control systems; and restoring irrigation systems and plant materials; all as shown on the plans and specified herein. Fence and gate components shall be the design of a manufacturer regularly engaged in the fabrication of security fences and gates. The manufacturer shall have at least 15 years experience in the manufacture of security fence and gate systems similar to those specified herein. The Contractor shall have at least five years experience in installing security fences, gates and control systems similar to those specified herein." 2-9 SURVEYING 2-9.3 Survey Service. Add to this section: "The Contractor shall provide construction staking as required to construct the improvements. The Contractor shall notify the Engineer in writing two working days in advance of the time that the stakes will be placed." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the Engineer to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3-3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 0 • SP 3 OF 16 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the P paragraph: "Upon completion of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. 0 • SP 4 OF 16 SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "Inasmuch as time is of the essence, the time of completion as specified in Section 6 -7 is a maximum, and it shall commence on the date of the 'Notice to Proceed with Shop Drawings'. No onsite construction shall begin until a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any onsite work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the contract documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet the original schedule and has demonstrated that he will be able to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. The Contractor shall then furnish and construct the fence and gate system as soon as possible in order to satisfy the UASI grant funding deadline mentioned in Section 2 -5.3." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under this contract within 65 consecutive working days after the date of the 'Notice to Proceed with Shop Drawings', plus the number of working days needed for the Engineer to approve the Contractors shop drawing submittal. Upon mobilization for fence installation, the Contractor shall complete field work, including but not limited to coatings, electrical, cleanup, punch list items, etc., within 40 consecutive working days. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3. to read: "any City holiday, defined as January 1st,t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 40' the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31st (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." • • SP 5 OF 16 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after these normal working hours. Should the Contractor elect to work outside normal working hours, Contractor shall first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the times specified in Section 6 -7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the sum of $1000 per calendar day. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City and Contractor that $1000 per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to minimize inconvenience to the Police and Fire Departments and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as needed by the Contractor. The Contractor shall notify the Engineer at least two working days in advance of the date he desires to shut down water." 7 -8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 0 • SP 6 OF 16 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section: "The Contractor shall remove and dispose of trees, shrubs, ground cover, sprinkler lines and heads, soil, curbs, concrete and asphalt paving, etc., and excavate and grade back soil and turf areas as needed for fence and gate installation and operation. The Contractor shall relocate, restore or replace sprinkler lines and heads and control wires as needed for the fence, gate and operator installation and to properly irrigate plant materials that will remain. New sprinkler lines, heads and control wires shall match existing lines, heads and wires. The Contractor shall flush out and adjust lines and heads such that the system will properly irrigate plant materials that will remain. The Contractor shall be responsible for protecting all vehicles, equipment, buildings and other improvements on the site from damage due to his construction activity. Costs for such removing, grading, trimming, disposing, replacing, restoring and protecting shall be included in the lump sum bid price for 'Protection, Removal and Restoration of Existing Improvements'." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all building entrances within the site shall be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to Police and Fire personnel whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct personnel and the public around areas of construction, and into (and out of) the Police and Fire buildings. Such measures shall be shown on the traffic control plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "The Contractor shall obtain areas for storing equipment and materials. The Contractor may use portions of Bombero, a private street, for this purpose. Construction materials and equipment may also be stored onsite in locations approved in advance by the Engineer. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to that site. Prior to move -in, the Contractor shall take photos of the storage areas. The Contractor shall restore the storage areas to their pre - construction condition. The Engineer may require new pavement if the pavement condition has been damaged during construction." 9 • SP7OF16 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "At least five working days prior to the desired date for commencing work, the Contractor shall submit to the Engineer parking lot closure /detour plans for each portion of parking lot that must be closed during construction. The Contractor shall be responsible for processing and obtaining the Engineer's approval of said closureldetour plans. The Contractor shall adhere to the conditions of the approved plans. Said plans shall meet the following requirements: 1. The Contractor shall accommodate Police Department and Fire Department operations and parking as much as possible during his construction period. 2. The Contractor's construction, equipment, materials, storage and vehicle parking areas shall not occupy or restrict access to more than 20 parking stalls in the Police and Fire parking lots at any one time. This may necessitate that the Contractor's materials, storage and vehicle parking areas be located in Bombero, a private street along the east side of Fire Station 3. 3. The Contractor shall maintain Police and Fire vehicle ingress to and egress from the site all times except for the minimal number of hours needed to install vehicle gates and gate operators. The Contractor shall not close more than three vehicle driveways to and from the site, nor both Santa Barbara Drive driveways, simultaneously. 4. The locations of barricades, signs, delineators, lights, warning devices and any other traffic control devices shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the Police and Fire departments and the public. Warning sign installations shall be reflectorized and/or lighted. 7 -10.4 Safety. 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of City personnel, the public and workers. The right of the Engineer or other City representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractors safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs at least eight hours in advance of the need to close parking spaces. The Contractor shall print the hours and dates of parking restriction on • • SP8OF16 the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. The signs will be provided at no cost to the Contractor at the Public Works Department public counter. The City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering A or a C -13 Fencing Contractor license. At the start of work and until completion of work, the Contractor and each subcontractor shall possess a Business License issued by the City. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" correction drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. "As- Built" correction drawings shall be submitted to and approved by the Engineer prior to final payment or release of bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9-3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The lump sum prices bid for the work shall include full compensation for furnishing submittals, labor, materials, tools and equipment, and for performing all work, including protecting, replacing or restoring existing improvements as needed to complete the security fence in place, and no other compensation will be allowed." 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for Mobilization shall be made in accordance with Section 10264 of the California Public Contract Code." 0 PART 2 CONSTRUCTION MATERIALS • SP9OF16 SECTION 206 -- MISCELLANEOUS METAL ITEMS 206 -7 BARRIER AND PERIMETER SECURITY FENCE 206 -7.1 GENERAL. The Contractor shall provide and install security fence at locations shown on the plans. The fence and its gates shall generally be eight feet minimum height above adjacent grade. Fence portions mounted on existing wall shall generally be three feet minimum height above the top of wall. Fence panels shall be installed horizontally and stepped. The fence alignment and dimensions shown on the plans are approximate and subject to minor change in order to allow the Contractor's standard fence and gate panels to be installed. The Contractor shall field- measure the site and prepare shop drawings that accurately show his exact dimensions, desired fence alignment, and installation detail. In order to meet the requirements of the City's UASI funding grant, the Contractor shall submit detailed shop drawings, specifications, electrical calculations and catalogue cuts to the Engineer for approval in accordance with Section 2 -5.3 herein. 206 -7.1.2 REFERENCES A. ASTM A53 Standard Specification for Pipe, Steel, Black and Hot - Dipped, Zinc-Coated, Welded and Seamless. B. ASTM A123 Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products. C. ASTM A500 Standard Specification for Cold- Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes D. ASTM A501 Standard Specification for Hot - Formed Welded and Seamless Carbon Steel Structural Tubing E. ASTM A513 Standard Specification for Electric- Resistance - Welded Carbon and Alloy Steel Mechanical Tubing F. ASTM A653 Standard Specification for Steel Sheet, Zinc - Coated (Galvanized) by the Hot -Dip Process G. ASTM A787 Standard Specification for Electric - Resistance - Welded Metallic - Coated Carbon Steel Mechanical Tubing H. STM B117 Standard Practice for Operating Salt Spray (Fog) Apparatus I. ASTM D523 Standard Test Method for Specular Gloss J. ASTM D633 Standard Specification for Electrodeposited Coatings of Zinc on Iron and Steel K. ASTM D2794 Standard Test Method for Resistance of Organic Coatings to the Effects of Rapid Deformation (Impact) L. ASTM D3359 Standard Test Methods for Measuring Adhesion by Tape Test M. ASTM D3363 Test Method for Film Hardness by Pencil Test • SP 10 OF 16 N. ASTM D4141 Standard Practice for Conducting Black Box and Solar Concentrating Exposures of Coatings — Method C O. ASTM D5402 Standard Practice for Assessing the Solvent Resistance of Organic Coatings Using Solvent Rubs P. ASTM F1267 Standard Specification for Metal, Expanded, Steel 206 -7.1.3 SYSTEM DESCRIPTION The Contractor shall supply a fencing system with all hardware, posts, rails, foundations, unions, security panels, gates, electrical connections, operators, sensors and accessories needed for a complete and aesthetically pleasing installation. 206 -7.1.4 SUBMITTALS A. The Contractor shall submit fence, gate, operator, electrical and gate control shop drawings in accordance with the requirements of Sections 2.5-3 of the Standard Specifications and herein. B. Shop drawings shall show layout, locations, components, materials, dimensions, sizes, weights, spacing, swings, rollups, finishes, installation and operational clearances, coring, gate details and dimensions, post anchorage, attachment and bracing, electrical routing and connections, etc. Shop drawings shall include the manufacturer's recommendations for installation. C. The Contractor shall submit samples in accordance with the requirements of Sections 2.5 -3 of the Standard Specifications and herein. 206 -7.1.5 QUALITY ASSURANCE A. The Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and the materials and techniques specified, and shall conform to the fence manufacturer's installation instructions. B. The Contractor shall provide fencing system and gates as a complete unit produced by a single manufacturer, including necessary erection accessories, fittings and fastenings. C. The Contractor shall provide written warranties and service and operation manuals to the Engineer prior to authorization of final payment. 206 -7.1.6 DELIVERY, HANDLING AND STORAGE A. The Contractor shall deliver fence materials, gates, posts, and accessories to project site, completely pre- finished. Upon receipt at the job site, all materials shall be checked to ensure that no damages occurred during shipping. Materials shall be handled and stored properly to protect against damage and theft. B. The Contractor shall handle fence components to protect finish coating from any scuffs, abrasion or other damage during unloading and installation. Excessive damage to factory applied coatings will be cause for rejection by the Engineer. 0 206 -7.2 PRODUCTS • SP 11 OF 16 206 -7.2.1 MATERIALS A. Fencing system shall be subject to the performance and design requirement specified herein. Fence and gates shall be manufactured from the following materials: 1. Rails shall be square tubing; minimum 2" x 2° x 16 gauge minimum thickness. Bottom rail clearance shall be within 2" of grade. 2. Pickets shall be minimum one inch square by 14 gauge minimum thickness spaced four inches maximum on center. Pickets shall extend 12 inches above the top rail. 3. Panel joint extrusions shall be manufactured per ASTM 8221 to manufacturer's standard size and shape. 4. Posts shall have welded or press -on type steel caps zinc plated to ASTM D633, Service Class Il, or malleable steel caps galvanized to ASTM A123. Tubing for posts shall be minimum 3" x 3" x 12 gauge minimum thickness formed from ASTM A787 or ASTM A513 with coil steel minimum yield of 50,000 psi. Posts with greater than 11 g wall thickness shall be formed from ASTM A53, A500 or A501, grade B, with a minimum yield of 46,000 psi. 5. Fence, gates and posts shall be galvanized and coated after fabrication. Galvanizing shall be per ASTM A123 and A653, coating designation G -90. Galvanizing shall be minimum 2.0 oz/ft.2 thickness. Galvanized repair shall be per Section 210 -3.5 of the Standard Specifications. 6. Size and spacing of posts shall be as required for strength, but not more than eight feet on center. 7. Pickets, rails and posts shall be cut, sized, and located as shown on shop drawings which have been approved by the Engineer. 8. Rail attachment brackets shall be stainless steel or galvanized steel, with stainless or galvanized fasteners. Brackets and fasteners shall be finished to match fence finish and color. B. Fence panel length shall be eight feet maximum and as shown on shop drawings which have been approved by the Engineer. C. Pedestrian Gates: 1. Gate design shall be as shown on shop drawings approved by the Engineer. 2. Gates shall be equipped with Von Duprin 99 Series panic hardware or equal, with an offset touch bar, 48" protective plates and 24" side guard panels. 3. Gate frames and infill panels shall be fabricated from materials as described above. Frame members shall be MIG welded. Truss rods or cables shall be installed to prevent gate sag and allow for future adjustment. 4. Gate posts, foundation and transom frame shall be designed as shown on the plans and specified herein, based on gate size, local wind loading requirements, and installation type. 5. Gate hinges shall be manufacturer's standard stainless steel hinges, structurally capable of supporting the gate leaf and allow opening and closing without binding. Non -lift -off type hinge design shall permit gate to swing 180 degrees. Hinge pins shall be non - removable. • • SP 12 OF 16 6. Gate latches shall be stainless steel, capable of retaining gate in closed position and have provisions for a padlock. 7. Gate keepers shall be provided for each gate leaf over 5 feet wide. Gate keepers shall include a mechanical device that secures the free end of gate when in full open position. D. Vehicle Gates: 1. Gate design shall be as shown on shop drawings approved by the Engineer. 2. Gate frames and infill panels shall be fabricated from materials described above. Frame members shall be MIG welded. Truss rods or cables shall be used to prevent gate sag and allow for future adjustment. 3. Gate posts and transom frame shall be as shown on the plans, based on gate size, local wind loading requirements, and installation type. 4. Gate keepers shall be provided for each gate leaf over five feet wide. Gate keepers shall include a mechanical device that secures the free end of gate when in full open position. 206 -7.2.2 POWDER COATED FACTORY FINISHES A. Coating Material: Posts, post caps, rails, brackets, joint extrusions and security mesh shall be finished with a factory applied TGIC polyester powder coating of the "Super- Durable" class. Powder coated finish shall meet or exceed the following performance criteria: 1. ASTM 8117 Salt Spray Resistance, 5% salt spray at 95° F and 95% relative humidity, 1,000 hour test, single scribe, 118" creep and /or #8 blisters is failure. 2. ASTM D3359, Measuring Adhesion by Tape Test, Method B, coating retention of not less than 95 %. 3. ASTM D2794, Impact Resistance, minimum resistance to impact not less than 120 in. /Ib. 4. ASTM D3363, Film Hardness by Pencil Test, minimum hardness: 2H. 5. ASTM D4141, Solar Concentration Exposure Testing, Method C (Equivalent to EMMAQUA NTW), coating must test to a minimum of 50% Gloss Retention at 1,400 MJ /m2 with no film failure, chalking, cracking or checking and no more than 10% fading. B. Thickness: Film thickness of 4 mils minimum as measured by manufacturer's standard powder coat measurement and inspection procedures. C. Pretreatment: The fence sheeting and framework shall be prepared using a pre- treatment cleaning system to remove foreign material and to properly prepare the surface to achieve the coating system requirements specified above. D. Curing: Heat cure in accordance with powder manufacturer's prescribed cure schedule to properly crosslink and bond finish to metal substrate. E. Color. Black. 206 -7.2.3 CONCRETE FOOTINGS A. The Contractor shall comply with ACI 301 for cast -in -place concrete; materials consisting of Portland cement complying with ASTM C 150, aggregates complying with ASTM C 33, and potable water. E • SP 13 OF 16 B. Concrete for footings shall be minimum 3250psi at twenty-eight days. Footing sizes shall be as specified on the plans. 206 -7.3 EXECUTION 206 -7.3.1 PREPARATION A. The Contractor shall examine conditions under which fencing and gates are to be installed and coordinate fence installation with work of other sections listed in these specifications. B. The Contractor shall remove and dispose of trees, limbs, branches, roots, ground cover, turf, soil, curbs, asphalt, etc., that interferes with the fence and gate installation. C. The Contractor shall cut, remove, cap and relocate existing irrigation plumbing as needed to provide for the fence and gate installation and for proper irrigation of plant materials subsequent to said installation. 206 -7.3.2 INSTALLATION A. The Contractor shall install fence and gates in accordance with manufacturer's instructions and approved shop drawings. B. The Contractor shall handle fence components to protect finish coating from any scuffs, abrasion or other damage during installation. Excessive damage to factory applied coatings will be cause for rejection. C. The Contractor shall space posts at dimensions indicated in the shop drawings and attach fence rails to posts with shop welds or stainless steel or galvanized steel panel hanger brackets supplied by the manufacturer. Field welding of rails to posts is unacceptable as it will cause significant damage to the galvanizing and powder coat protective finishes. D. The Contractor shall place concrete around posts and vibrate or tamp for consolidation. The Contractor shall verify that posts are set plumb, aligned, and at correct height and spacing; stabilized in position during placement and finishing operations until concrete is sufficiently cured; and protected above ground from concrete splatter. E. The Contractor shall install gates level, plumb, and secure for full opening without interference; attach hardware using tamper- resistant or concealed means; install ground -set items in concrete for anchorage; adjust gates to operate smoothly, easily, and quietly throughout entire operational range; and confirm that latches and locks engage accurately and securely without forcing or binding. F. The Contractor shall avoid unnecessary cutting, drilling and welding of pre - finished fence components. If it is necessary to cut drill, weld or otherwise modify product due to field conditions, the Contractor shall repair factory finish in accordance with item G. below. G. Touch -up any necessary areas by lightly sanding; apply a zinc -rich cold galvanizing primer followed by touch -up powder coat provided by the manufacturer. Field applied touch -up cannot match the performance of factory applied finishes and shall therefore be limited in use. C� J • SP 14 OF 16 206 -7.3.3 SITE CLEANUP The Contractor shall remove paint and other markings, packing materials and unused products; grade back uneven landscape areas which were disturbed by fence installation; and sweep and clean construction debris and dirt from the entire work site. 206 -7.4 CONCRETE MOW STRIPS, GATE PADS AND CURBS The Contractor shall construct concrete mow strips, gate pads and curbs as shown on the plans and on shop drawings which the Engineer has approved. The Contractor shall detail exact mow strip, gate pad and curb locations on the shop drawings. Costs for constructing concrete mow strips, gate pads, curbs, etc., shall be included in the lump sum bid price for 'Fences, Gates, Operators and Controls'. 206 -7.5 POWER SUPPLY The Contractor shall design and install underground electrical service to each of the five vehicle gates as shown on the plans. Such service shall connect to five - single pole, 120V breakers located in the emergency generator panel within the basement level of the Police Department building. Conduit runs shall be with 1 %' min. diameter PVC at 24" minimum depth, with appropriate -sized conductors and pull boxes spaced at 180 feet maximum. Pull boxes shall be Eisel Enterprises No. 3' /2F or equal with the word "ELECTRIC" contained in the cover. Pull boxes shall not be located within wheel paths. Splices shall be located only within pull boxes, and shall be per CNB STD - 205 -L. Circuits shall be identified individually color -coded conductors from breaker -to -load. Conduit runs shown on the plans are approximate and may be modified in order to allow the Contractor to install conduit at least cost. The Contractor shall field- measure the site and submit an electrical shop drawing that accurately depicts conduit runs, penetration through the basement wall of the Police Department building, routing within the Police Department building, and connections to the emergency generator panel. 206 -7.6 OPERATORS The Contractor shall obtain operators, gates, accessories, fittings and fasteners from a single source, such as Master Halco of Orange, CA; telephone (800) 229 -5615. Operators shall be Model 076108 for gates under 30 -foot opening and Model 076053 for gates over 30 -foot opening, or equal. Operators shall be equipped with motors and mechanical gear designed and protected for use in a corrosive marine environment. The Contractor shall show exact operator locations and details for installation on gate pads on the shop drawings. 206 -7.7 CONTROLS • • SP 15 OF 16 Controls shall consist of remote controls, key pads, vehicle loops, proximity (prox) sensors and prox cards, each provided and installed as shown on the plans, on the Engineer's approved shop drawings, and as specified herein. Controls shall be fully operational and enabled upon, but not prior to, completion of all work onsite. Prox cards and their coding devices shall be provided to the Engineer at least two weeks prior to enabling the controls. 206 -7.7.1 KEYPADS Keypads shall be lever self - powered or battery or hard- wired, electronically - operated, vandal proof, illuminated, all- weather gate control devices that release gate lock mechanisms at the touch of four digits on a keypad. Keypads shall offer prox card access control and shall allow up to 1000 individual users. The Contractor shall install keypads at each pedestrian gate and atop prox posts at appropriate locations. The Contractor's shop drawings shall show exact locations and details for keypad installations. 206 -7.7.2 GATE CONTROL LOOPS Gate control loops shall be inductive gate control detectors that are cut into existing asphalt concrete driveway paving. The loops are to be hard -wired to open gates whenever a motorcycle or other vehicle breaks the electric field. Loops shall be per Caltrans Standard Plans ES -5A and 513, Type A or E, appropriately sized for each location. The Contractor shall install five gate control loops at the approximate locations shown on the plans. The Contractor's shop drawings shall show exact locations and details for loop installation. 206 -7.7.3 PROX SENSORS Prox sensors shall be post- mounted entrance devices that receive signals from prox cards and other transmitters. The Contractor shall install four prox sensors with keypads at the approximate prox sensor locations shown on the plans. The Contractor shall show exact locations and details for installing prox sensors and their posts on the shop drawings 206 -7.7.4 PROX CARDS Prox cards shall be wallet -sized plastic card or fob devices which can be digitally encoded with smart card technology to transmit signals to vehicle and pedestrian gate sensors. The Contractor shall provide at least 500 cards and two sets of point- and -click coding software to the Engineer. 0 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 0 SP 16 OF 16 Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at htto: / /www. city.newr)ort- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.1 General. Add to this section: "The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.5 Solid Waste Diversion. Concrete and asphalt wastes generated from the job site shall be disposed at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall be disposed at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall meet with the City's Urban Forester a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. If the Contractor encounters large tree roots, the Contractor shall cease work at that location and contact the City's Urban Forrester immediately for inspection and direction. Costs for clearing, grubbing, pruning and removing tree roots that interfere with the work shall be included in the lump sum bid price for 'Protection, Removal and Restoration of Existing Improvements'. 0 IN CITY OF NEWPORT BEACH I JAPI.' 6 1001 CITY COUNCIL STAFF REPORT I I _ ._ _ _..__ January 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, PE 949 -644 -3328 ldalton@cky.newport- beach.ca.us SUBJECT: POLICE FACILITY PERIMETER SECURITY FENCE AWARD OF CONTRACT NO. 3861 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3861 to Lightning Fence Co. for the Total Bid Price of $387,000, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $38,700 to cover the cost of unforeseen construction expenses. DISCUSSION: At 11:00 AM on January 11, 2007, the City Clerk opened and read the following Total Bid Prices for this project: Bidder To Bkl Price Low Lightning Fence Co. $387,OOb 2 Commercial Fence and Iron Works, Inca 394,826 3 Harris Steel Fence Co Inc. 750,000 The low Total Bid Price is TA% above staffs unpublished estknate of $360,000. The low bidder, Lightning Fence Co., possesses a State of California Fencing Specialty Contractor C-13 License as specified in the contract documents. Lightning has satisfactorily completed security fence projects for Encinitas and Oceanside school disMcts, the cities of Whittier and Rancho Cucamonga; Caltrans; and other public agencies. This .project will add perimeter fencing and controlled gate access around the Police and adjacent Fire facilities restricting access by unauthorized persons. Newport Beach is one of only a few police facilities in Orange County that does not have a perimeter security system to restrict access to the police vehicle parking lot, employee parking lot or rear building access points to prevent theft, damage and. unwanted confrontations. The City received a federal grant from the Department of Homeland Security under Its Urban Area Security Initiative (UASI) program to provide majority funding for this work. SUBJECT: Ponce FadgW PedAseourk Fence —Award ufConbad N0. $861 • Jarxrary 23.2607 Page 2 This is a design4x iki oontract. The work consists of designing, preparing and submitting for City approval detailed shop drawings, substantiating calculations, catalogue arts and specifications for constructing a security fence with pedestrian and electrically- operated vehicle gates around the perimeter of the Police Facility and Fire Station No. 3. Construction includes removing curbs, earth, asphalt, concrete, plant materials, irrigation systems and obstructions from the fence alignment; coring concrete; constructing concrete gate pads, curbs, mow strips, walkways; fabricating and Installing fence, pedestrian and vehicle gates; Installing electrical power from point of connection to electrically-operated vehicle gates; installing vehicle detection loops and other gate control systems; restoring Irrigation systems and plant materials; and site cleanup. On January 16th staff instructed Lightning to begin preparing shop drawings for the project and to submit completed drawings, substantiating calculations, catalogue cuts and specifications to the City by February 5, 2007. This pre- oontract instruction was needed In order to satisfy the UASI requirement that grant funding be used for construction no toter-than February 28, 2007. In the event that the City Council does not award Contract 3861 to Lightning, staff will order Lightning to cease shop drawing preparation and remunerate them for their costs In preparing the shop drawings. Plans and specifications were prepared by Public Works staff. Li ni to complete work within 65 working days after January le, the date when it to begin preparing shop drawings for the project. Onsite work Is to be completed within 40 consecutive working days. Liquidated damages are $1000 per calendar day. l= rvironmental Review The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Implementing Guidelines. This exemption covers building alterations invohgng partitions, plumbing, electrical, eta Funding Availability. Partial funding Is available In the General Fund and the Contributions Fund. Budgeted funds are available for award and construction contingency In the following,acoounts. Account Description General Fund Contribution (UASI Grant) Proposed uses are as follows: Vendor Lightning Fence Co. Lightning Fence Co. Attachments: Bid Summary - Account Number Amount 7011- C1820919 $ 85,700 7251 - 01820919 .3j; 0D 0,_oU Total $425,700 Puruose Amount Construction Contract $387,000 Construction Contingency I X7QQ Total: $4M700 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1TLE Police Facility Perimeter Securby Fence BID LOCATION: Coy Cleric's Ol6oe - Ctry Hall 'ONTRACT NO.: 3581 DATE: 1148"7 TIME: 11:0 AM :NG1NEERSESTIMATE: 53651008.00 BY: Andy Tran CHECKED: DATE: 'ROJECT MANAGER: Llovd Denon rwes�e�aewrer eroataa traotwoolt.Bio SUMMARY Papa 1 Engineer's Estimate LIghfing Fence Co. Comnwdel Fence end Iron Woks Inc. Harris Steel Fence Co. Ina DESCRIPTION UANTITY UNIT I AMOUNT UNIT 1 Shop OmwIng 1 LS $4,000.00 $4,000.00 $2,000.00 .00 $200.00 5200.00 10 000.00 $10,000.00 2 Mobli"flon 1 LS $2.000.00 $2,000.00 $3,000.00 .00 $750.00 60.00 0000.00 $30 3 Protection Removal and Restoradan of Exist Imp, 1 LS $32, 000.00 $32,000.00 $2900000 520 000.00 $5.600.00 $6,500.00 $190000.00 $190 4 Fence Cues. Openers, Controls 1 LS $248 .00 $248 00 JIO $289 000.00 $346,378.00 $340,3 .00 $425.000.00 $425000.0 5 EkidriCel 1 LS $74.000.00 $74,000.00 $04,00LCLO $64 000.00 $42,000.00 F $42.000.00 $95.000.00 $96,000.00 EE LOW 7 .00 2ND =600E— 3RD 750,000.04 rwes�e�aewrer eroataa traotwoolt.Bio SUMMARY Papa 1 August 14,2008 Lightning Fence Company 13950 Olive Crest Way Poway, CA 92064 OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Police Facility Perimeter Security Fence (C -3861) To Whom it May Concern: On August 14, 2007, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 20, 2007, Reference No. 2007000516352. The Surety for the contract is Explorer Insurance Company, and the bond number is 220 76 56. Unfortunately, my office just discovered that the Labor & Materials Payment Bond was not released at the appropriate time. I have enclosed the Labor & Materials Payment Bond and the Faithful Performance Bond, and apologize for the delay. Sincer y, QC.QM.t n LaVO H kl s, M C City Clerk enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us FROM LIGHTNING FENCE FAX NO. : 9586796523 * Jan. 25 2007 09:06M P6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY emn�ne�Tt =R ct= [`Ul2tTY FENCE CONTRACT NO_ 3 BOND NO. 2U0 76 56 OR AND MATERIAL$ PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of POLICE FACILITY PERIMETER SECURITY FENCE, Contract and 3861 in the CV of Newport Beach, in strict conformity with the plans, drawings, specifi other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3861 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, .upon, for, or about the performance of the work agreed to be done, or-for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Explorer insurance Company duty authortZed to transact business under the laws of the State Of California, as Surety, (refer+ {) herein s° "G jht are held?�rmly bound unto the City Of Newport Beach, in the sum of rtj? ee `hvngred eight seven thousand Tj lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, sucoessor% or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail tO pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted. withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 FR11M : LIGHTNING FENCE FAX N0. : 8586796523 • Jan. 25 2007 09:06AM P5 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et seq_ of the Civil Code of the State of Califomia. And Surety, for value received, hereby stipulates and agrees that no change; extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26th . day of January 2007. Lightning Fence Companyy___ Name of Contractor (Principal) Authored Explorer Insurance Company Name of Surety --PQ 85563. San Diego CABox 85563. San Diego CA 92186 T.W.Thompson, Attorney -in -Fact Address of Surety Print Name and Title (858) 279 -5951 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 FROM LIGHTNING FENCE CGMPRt. FAX NO. : 85867 %523 Jan. 25 2007 89: 05AM P4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POLICE FACILITY PERIMETER SECURITY FENCE CONTRACT NO. 3861 BOND NO. 220 76 56 FAITHFUL PERFORMANCE BOND The premium chartges on this Bond is $ 4,370.00 , being at the rate of $ l .29 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal., a contract for construction of POLICE FACILITY PERIMETER SECURITY FENCE, Contract No. 3861 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3861 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Explorer Insurance Company duty authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety°), are held and firmly bound unto the City of Newport Beach, in the sum of (INSERT CONTRACT DOLLAR AMOUNT) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and weli'and tinily keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and In all respects according fo its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified In this Bond; otherwise this obtigadon shall become null and void. 28 FROM LIGHTNING FENCE' C0,13V FAX NO. : 8586796523 ••Jan. 25 2007 09:05AM P3 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and -fees, including reasonable attorneys fees, incurred by the City, only In the event the City is required to bring an action In law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terns of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension cf time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal In full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shalt not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of January 2007. . Lightning Fence Company Name of Contractor (Principal) Explorer Insurance Co. Name of Surety PO Box 85563,San Diego,CA 92186 Address of Surety (858) 279 -5951 Telephone T.W. Thompson, Attorney -in -Fact Print Name and Tide NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 ICW GROUP No. 0001877 • • Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies "), do hereby appoint T.W. THOMPSON, JR. their true and lawful Attomey(s )-in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, mtdertaldngs, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused there presents to be executed by its duly authorized officers this 1st day of November, 2005. cavrwraR . `vtSUt:Ap� 0Y 41,,e g'-yr, ? .oeeort�T t' G a° ,acarPOUrte m v a. o ={ 6 INSURANCE COMPANY OF THE WEST y� 5 o r SEAL _ S Td y EXPLORER INSURANCE COMPANY o'rporxrx�t?�4' a S INDEPENDENCE CASUALTY AND SURETY COMPANY noraaxx d b�� N �yaP �g � Jeffrey D. Sweeney. Assistant Secretary State of California County of San Diego ss. John L. Hannum, Executive Vice President On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, Personally known to me to be the persons whose names ate subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Tat RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secremry or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-io-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the sigmth of the officers making the appointmem, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seat of any notary, and the seal of the Company, may be facsimile representations of these signatures and seals, and such facomilerepresentations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, priming, typing• or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer hisamnce Company, and Independence Casualty and Surety C iraPany, do hereby certify that the foregoing Power of Attorney is in fW1 force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Compardes, and are now in full force. IN WITNESS WHEREOF, 1 have =inky hand this 26rh day of January 2007 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call I -BW877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached, For information or filing claims, please contact Surety Claims, ICW Group, 11455 E1 Camino Real, San Diego, CA 92130 -2045 or call (858) 350 -2400. 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT R� 9 `�T4aa..vai O...A ?T c� T 9 A. ?a]..1v�+. �..9 .9.fw ..9n �9 R ..Cn Gn @ ..0. P • '�]. 9 9 9 . P...i]CL9a..5]<.F�...9n. {` State of California } ss. County of San Diego J On 1 -26 -07 before me, Novelyn S Thompson Notary Public Date Name and Title of Officer (e.g. 'Jane Coe, Notary Public') personally appeared Daniel F7 d Name(s)r of Signegs) El personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by hisftr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offi ' I seal. Place Notary Seat Above SignaWre of Notary Nc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUP0,BPRINT CF SIGNER 0 Number of Pages: Signer's Name: ❑ Individual i Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: I 1:: �: V�' sl:: :v:'Ji \�: "J':�:`- 'J'�•- .%:�:::` i s"�:.". %3!E \ ✓6 \e'3�:V:�✓:�✓'. ✓N.%': e➢' °a➢:vi �3v:� rVLviviviv�N: �C:J: •.! `�%:` }i `:. ➢4`•l4� > %4^➢:°,Si°e.'� 1,4 9350 r: Sato Ave., RO. Box 2402 - Ctlatsworth. CA 91313-2402 Itern No. 5907 M • •• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of San Diego J On 1 -26 -07 before me, Novelyn S. Thompson. Notary Public Date Name and Tige of Officer (e.g., 'Jaw Doe, Notary Pubhe) personally appeared _T.W.Thompson. Jr. Names) of Signer(s) NtiVEL1'N 3. iH01MPS0 fir '' ciulAOr SAN DIEGO 001 MY �arriuionE s r. 16 X10 IR personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/herRheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and Officials al. Ply Notary Seal Above z Signature of Nolary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General i Attorney in Fact Trustee Guardian or Conservator Omer: Signer Is Representing: RIGHT THUfJIBPRINT OF SIGNER 0 Number of Pages: Signer's Name: ❑ Individual • Corporate Officer —Trtle(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Omer: Signer Is Representing: RIGHT THUh9 DPRINT OF SIGNER h1. SvLeT«✓ ciyc:+ 2' C.. �pc:. 3�¢.:q+,�F-6':•�'::_a2:1::.?YS: J::_ ✓',.n � ".2 ✓ya:5::6 %.' �. viY=_ �:: 2_ ��'✓',< vt_?: �.• 5'% i% �' P^ `.r3,.���C`�,.^a'�.'a_'�.%i�Ci ^tiy..^2_.�.= _�.°�c �gWPc CITY HALL 04 Office of the Mayor = 3300 Newport Boulevard q�O,P P.O. BOX 1768 Newport Beach, California 92658 -8915 RETURN SERVICE REQUESTED L Lightning Fence Company 13950 Olive Crest Way Poway, CA X 931 NFE 1 :20'71 FORWARD TIME EXP RTN TO :LIGHTNING FENCE COMPANY ISS40 EL CAMINO ENTVLMh POWAY CA 9:2064 -2154 ©D 00/16/00 SEND RETURN TO SENDER ����-�er•s ��.�s�`c�>`��s ILI����I, I�11���LLL�I�I��I�LI�����ILL l,�1L�6,L„II�I