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C-3964 - Buffalo Hills Park Lighting
This Document vy&4electronically recorded by Wert Mail C ,dE DRecorded in Official Records, Orange County RECORDING REOUES Tom Daly, clerk- Recorder WHEN RECORDED RF,,,�'pkq j?: AM g, 32 '�����,���01�' NO FEE City Clerk tt��� uu��'' 200800046663410:16am 09130108 City of Newport Beach L' iC OF 213 8 N121 Ti iz CITY CLERK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Bouleva Newport Beach, CA 9236'y "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 MacAdee Electrical Construction, Inc., of Chino, California, as Contractor, entered into a Contract on February 12, 2008. Said Contract set forth certain improvements, as follows: Buffalo Hills, Bonita Creek and San Miguel Park Lighting Improvements (C -3964) Work on said Contract was completed, and was found to be acceptable on September 23. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on nN d 7 aCoe at Newport Beach, California. BY(/t7T/ City Clerk • 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT SEP 2 3 2008 A Rnnn,! rrr Agenda Item No. 12 September 23, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon 949 - 644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: Buffalo Hills, Bonita Creek and San Miguel Park Lighting Improvements — Completion and Acceptance of Contract No. 3964 Recommendations: Accept the completed work. 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 1 year after Council acceptance. Discussion: On February 12, 2008 the City Council authorized the award of the Buffalo Hills, Bonita Creek and San Miguel Park Lighting Improvement project to Macadee Electric Construction. The contract provided for the replacement of steel poles, deteriorated conduit, conductors and concrete pull boxes on various streets within Bonita Creek and San Miguel Parks. In addition, new bollard lighting was added at Buffalo Hills Park. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $323,692.00 Actual amount of bid items constructed: $331,104.40 Total amount of change orders: $4,923.00 Final contract cost: $336,027.40 The increase in the actual amount of bid items constructed over the original bid amount resulted from extra conduit and conductors needed at Buffalo Hills and San Miguel Park. In addition, there were two change orders totaling $4,923.00. The change orders were for the following: Buffalo Hills, Bonita Crean Miguel Park Lighting Improvements - Complet d Acceptance of Contract No. 3964 September 23, 2008 Page 2 Change Description Amount Order 1 Contractor exposed 5 damaged unmarked irrigation $3,024.00 main lines at Buffalo Hills Park. 2 Per City's request, the contractor installed a new street $1,899.00 light foundation for the pole (SL 3327) on Port Barmouth Place. The existing street light foundation was removed below sidewalk grade and capped. Contractor also modified the existing service cabinet for circuit "E" of Buffalo Hills Park and installed a photocell. Total Project Change Orders $4,923.00 The final overall construction cost including the two change orders was 3.8 percent over the original bid amount. A summary of the project schedule is as follows: Estimated completion date per June 07' schedule: August 18, 2008 Project award for construction: February 12,2008 Estimated completion date at award: July 22, 2008 Actual substantial construction completion date: August 22, 2008 All work was substantially completed by August 22 "d, 23 days past the scheduled completion date of July 22, 2008. Extra time was needed to complete the project because of the additional work requested by the City. Environmental Review: The project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines when the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability: In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction Design — JMD, Inc. Electrical — Southern California Edison Inspection — Project Partners, Inc. Incidentals $336,027.40 $66,091.40 $5,670.74 $2,344.28 $1,503.96 Total Project Cost $411,637.78 Buffalo Hills, Bonita Crean Miguel Park Lighting Improvements - Completi& Acceptance of Contract No. 3984 September 23, 2008 Page 3 Funds for the construction contract were expended from the following accounts: Account Description Bonita Creek Park and San Miguel Park Lighting Replacement Buffalo Hills Park Lighting Street Lighting Replacement Program Prepared by: Alfred astanon Associate Civil Engineer Account Number 7015- C5300$95 7015- C4002000 7013- C5300035 Total: Amount $125,000.00 $194,933.00 $16,094.40 $336,027.40 E September 24, 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC RE: Newport Theater Arts Center Lobby Addition (C -3742) Police Facility Lobby Renovation (C -3902) Buffalo Hills, Bonita Creek & San Miguel Park Lighting Improvements (C -3964) San Joaquin Hills Road Median Trees (C -4008) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Encl. 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 r EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 BOND NO. CA4811114 PREh1IUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to MACADEE ELECTRICAL CONSTRUCTION, INC., hereinafter designated as the "Principal," a contract for construction of BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS, Contract No. 3964 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. 3964 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, GREAT AMERICAN INSURANCE. COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED TWENTY - THREE THOUSAND, SIX HUNDRED NINETY -TWO AND 001100 DOLLARS lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Caiifornia. U -11 N The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 3oTH day of JANUARY , 2008. C 2-i I acadee Electrical Construction, Irk. (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 THE CITY DRIVE SO. #300 ORANGE, CA 92868 Address of Surety (714) 740 -2400 Telephone ro Au orized Signat e/Title J Authorized Agent Signature SUSAN C. MONTEON, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 '%. CALIFORNIA ALL - PURPOSE State of California SS. County of San Bernardino On January 30, 2008 before me, Pamela McCarthy. Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary PubllI personally appeared Susan C. Monteon Name(s) of Signers) WITNESS my hand and official seal. mac, Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ® Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, PAME LA MCCARTHY and that by her signature on the instrument the Z�COMM. # 1659202 person, or the entity upon behalf of which the person z TARyPUSUC— CAUFORN I acted, executed the instrument. BAN BERNARDINO CO�NTy My Comm• E3piresApril30, 2010 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. mac, Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ® Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here • 9 • 9 • GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET' CINCINNATI, OHIO 46202' 513.369-6000 • FAX 613- 723 -2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14386 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true aid lawful attorneyin -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on my such bond, undertaking or contract of suretyship executed under this authority shall not exceed the linit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL JANET L. MILLER ONTARIO, $75,000,000.00 PAMELA MCCARTHY CALIFORNIA SUSAN C. MONTEON This Power of Attorney revokes all previous powers issued in behalf of the attomey(s }in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 211 day of, DECEMBER , 2006. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVIn C.KrrCHIN (513-369-3811) On this 210 day of DECEMBER , 2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly mom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors ofGreat American Insurance Company by unanimous written consent dated March 1, 1993, RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one ofthem, be and hereby is authorized from time to time, 10 appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsureryship, or other written obligations in the nature thereof.. to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any lime. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be trffmd byfacsimile to any power of attorney or cernJirate of e ither given for the execution of any bond undertaking, contract ar suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal ofthe Company, to be wild and binding upon the Company with the same force and effect as though normally afaed. CERTIFICATION I, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and elect. Signed and sealed this 30TH 6 1029T (I IID1) dayof, JANUARY , 2008 9 0 State of Califor County of On 12 �G —� before m�, — Date personally appeared I ss. CAROLE J. LOVE _ Commission # 1 510787 - -s Notary Public - California 01 • San Bernardino County QMy Comm. ExpkwAug 30, 2008 .✓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. WITN my hand and official seal. Place Notary Seal Above 9 oex-r - Slgratti Notary Pubric 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 Zrm to another document. Description of Attached Document Title or Type of Document: Document Date: ea) — v Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Lam] Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: • Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUPdaPRINT OF SIGNER 02004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Item No. 5907 Reorder. Call Toil -Free 1800876.6827 • i CITY CLERK CITY OF NEWPORT BEACH - NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 Until 10:00 a.m. on the 24th day of January 2008, at which time such bids shall be opened and read for BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS Title of Project Contract No. 3964 $404,524 Engineer's Estimate Appr y ephen G. Badum ublic Works Director Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification "A" or "C -10" required for this project For further Information, call Alfred Castanon, Protect Manager at (949) 644 -3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htto: / /www,cb.nemort- beach.ca.us CLICK: e- onlineservkes/e-WdPublicworks - k, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 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 SPECIAL PROVISIONS.......__ . ................................... .. ......... ... .................. ............SP -1 _ 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING CONTRACT NO. 3964 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 bidders 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. 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 Cafifornia, 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). 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. 583125 - C-10 Contractor's License No. & Classification Macadee Electrical Construction Bidder Date • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3964 . rr - :• r We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% OF 8TD ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS, Contract No. 3964 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 15TH day of JANUARY 2008. MACADEE ELECTRICAL CONSTRUCTION Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 THE CITY DRIVE SO. #300 ORANGE, CA 92868 Address of Surety (714) 740 -2400 Telephone SUSAN C. MONTEON, ATTORNEY_IN —FACT Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALARPOSE ACKNOWLEDGMENT • STATE OF CALIFORNIA County of SAN BERNARDINO J On JANUARY 15, 2008 before me, PAMEL-A MCCARTRY, NOTARY PUBLIC Date Here Insert Name aM Tale of the Officer personally appeared MAN C. MONTEON who proved to me on the basis of satisfactory evidence to be the personN whose name(s, is/aN subscribed to the ,,mow eA4. rw within instrument and acknowledged to me that /she/tgey executed the same in`l*/her/ftiatr authorized capacity(iss), PAMIFLA N..4C:CARTHY and that bybris/her/theft signature(s) on the instrument the h :F-59202 s person(s)„ or the entity upon behalf of which the persorf(r,� , ? 1 acted, executed the instrument. SAN e <'...=,f.6: I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hatpo and official seal. Signature Place Notary Seal Above nature of 1 of ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here PE Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER - - - - - - - ' - _ �` Cyr���^ E��Z' z5c�' t-- �' [ a�^!_ �g���T� . ^'_- .��_.�sC= cs'?`2"Z'v�w• - r"��^�'�_w''-�'•4"� ® 2007 National Nmary A66odalion - 9350 De Solo Ave, PO. Bax 2402 •CnaM4 .o , CA 91313- 2402,~..NationalNwy.ory Item AS907 Reamer: CDR Toll -Free 1- 300.8766827 ... • 0 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET' CINCINNATI, OHIO 46202' 613.3605N00 • FAX 613 -723 -2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14386 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomeym-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the lirat stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL JANET L. MILLER ONTARIO, $75,000,000.00 PAMELA McCARTHY CALIFORNIA SUSAN C. MONTEON This Power of Attorney revokes all previous powers issued in behalf of the attomey(s }in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers turd its corporate seal hereunto affixed this 21° day of, DECEMBER , 2006. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVIPC.KITCHIN (513 - 3693811) On this 21" day of DECEMBER , 2006, before me personalty appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOL VED: That the Division president. the several Division Vice Presidents and Assistant Vine Presidents, or any am of them, he and hereby is authorized from time to rime, to appoint one or mom Attorneys -in -Fact 10 execute on beha((of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyshrp, or other written obligations in the nature thereof,, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any tbne. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid of%u:ers and any Secretary or Assistant Secretary of the Company may be affiued byfacsimile to arty power of attorney or cerdficare of either given for the execution of any bond undertaking, contract or surelyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though mamutlly afiVed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions ofthe Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect Signed and sealed this 1 5TH S 1029 (11/11) day of, JANUARY , 2008 Best's Rating Center - Com y Information for Great American I rance Com... Page 1 of 1 Rating Centex i }J 1/e. Ratings: Flnancla191mnoM Ig ;yer -4'reslit S.4SY_,IYeS AdvanGEtl.$EerSil OIIrer WeOCmlere ae1e1 Rating Methdddogy industry Research Ratings Dew ` Great American Insurance Company Search 5e3t'B Rating 9 I. —.., m v16ear -1 FA c l.x..Svr1 rmm. �mi�a :.:soed b <anpentu uwn... enuctlkrlob.in rceMrW AlrXWCOU13 NNCPIOMI FEIN$: 31001234 our op,nwn o�i� oae.�.ro b oo�wwNd.,> Press Releases AddfeSS: 580 Walnut Street 12th Floor PROme: 513 - 3695000 Cincinnati, OH 45202 Fax: 513369-3600 Related Products t Web: ytww.greas_americaninsurance.com Best's Ratings kxkory & Regonal country Rise Financial Strength Ratings View. Definitions Issuer Credit Ratings View Definitions Structured F�lenCe Rating: A (Excellent) Affiliation Code: g (Group) Long- Terra: a outlook: Stable flaw to lief Rated Financet as Category: xw($1.5 Billion to $2 Billion) Action: Assigned Outlook: Stable Date: December 17, 2007 `Contact an AMI t Action: Affirmed Effective Date: December 17, 20117 " Denotes Under.Revie. w Best's Ratings Reports and News Visit our NewsROOm for the latest news and Dress releases for this company and its A.M. Seat Group. AMR (.Zca ill Rapgrt- .1neinli Prpfegs'rsnalfunabridged) (formerly known as Best's Company Report) - includes Real Flm rationale along with comprehensive analytical commentary, detalled business overview and key financial data. )i Report Revision Date: 01/14/2008 (represents the latest significant change), Historical Reports are available in AMID Credit Report - Insurance Professional IU bridged) Amhiye. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance s try financial performance tests including profitability, liquidity and reserve analysis. i I Duda Status: 2007 Bases Statement File - P /C, US. Contains data compiled as of 1/17/2008 (Quality Cross Checked). P SingleAoatpay - five years of financial data specifically on this company. Ii Comparison - side- by -slde financial analysis of this company with a peer group of up to five other companies you select. a Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite group. L AMB Credit Resort- Business Professional - provides three years of key financial data presented with colorful chare and tables. Each as !-nsr laest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Date Status: Contains data compled as of 1/1712008 (Quality Cross Checked). 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U.S.A. hitp: / /www3.ambest.com /ratings /FullProffle. asp ?BI= O &AMBNum= 2213 &AltSrc =... 01/28/2008 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK CONTRACT NO. 3964 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 Beads (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Address: Phone: Stale License Number. Name: Address: Phone: State License Number: Name: Address: Phone: State License Number. Macadee Electrical Construction, Inc. CO i + Gro4o Bidder uthorrzed itle J 6 1 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3964 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formill Please print or type. Bidders Name Macadee Electrical Construction Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number "Project Route to School District' Cash Contract 2007 -07 Project Description Radar Feedback Signs Various locations Approximate Construction Dates: From 08/07 To: 12/07 Agency Name City of San Dimas Contact Person John Campbell Telephone (909) 394 -6270 Original Contract Amount $ 279,459 Final Contract Amount $ 316,851.00 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 0 0 No. 2 Project Name /Number Traffic Signal Upgrades for Emergency Vehicle Preemption - Project # S07004 Project Description Opticom at Various Locations Approximate Construction Dates: From 07/07 To: 08/07 Agency Name City of Chino Hills Contact Person Paul Montoya Telephone (909) 364 -2817 Original Contract Amount $_18,323 Final Contract Amount $ 56,323 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 Installation of a Traffic Signal at Denni Street and Via Majorca - C.I.P. No. 2006 -29 Project Description Traffic Signal Installation Approximate Construction Dates: From 08/07 To: 10/07 Agency Name City of Cypress Contact Person Keith Carter Telephone (714) 229 -6741 Original Contract Amount $ 58.878 Final Contract Amount $ 60 ,647.00 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 No. 4 Pleasant Valley Road Traffic Signal Improvements At Eubanks Street And Airport Way Project Project Name /Number Proiect No. 50432 Project Description Modify Traffic Signals Approximate Construction Dates: From 08 107 To: 09/07 Agency Name County of Ventura Contact Person Richard Herrera _Telephone (soy) 654 -2o16 Original Contract Amount $ 34,600 Final Contract Amount $ 64.540.00 If final amount is different from original, please explain (change orders, extra work, etc.) Extra Work 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. Traffic Signal Improvements at the Intersections of Walker St. & Orangethorpe Ave and No. 5 Walker St. & La Luna Dr. and Upgrade to Countdown Type Pedestrian Signals at (6) Project Name /Number Intersections. Project No. ST -277 Project Description Modify and Upgrade of Traffic Signals Approximate Construction Dates: From 04/07 To: 05/07 Agency Name _ City of La Palma Contact Person Ismile Noorbaksh Telephone (714) 690 -3310 Original Contract Amount $ 47.645 Final Contract Amount $ 49.565.00 If final amount is different from original, please explain (change orders, extra work, etc.) Extra Work 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. • Traffic Signal Installation /MO cation Project at Brea Canyon Aoad and Silver Bullet Drive, Diamon Bar Boulevard and Shadow Canyon Drive, Diamond Bar Boulevard and Mountain Laurel Way, Golden Springs Drive and Prospectors Road, Grand Avenue and Cahill Street, Grand Avenue and Diamond Bar Boulevard, Grand Avenue and Cleghorn Drive, No.6 Diamond Bar Boulevard and Highland Valley Road, and Various Other Project Name /Number Locations in the City of Diamond Bar." Project Description Traffic Signal Installations at Various Locations Approximate Construction Dates: From 12106 To: 3107 Agency Name City of Diamond Bar Contact Person John Huie Telephone (909) 639 -7040 Original Contract Amount $_a12,673 Final Contract Amount $ 643.026 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims Attach additional sheets if necessary. * ** Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Macadee Electrical Construction, Inc. Bidder orized Signature/rdle 07 * ** Kevin McCarthy - Electrician Certificate in the State of California. Six years Experience in Field Work and Four Years in Management. Miguel Zuniga - Electrician Certificate in the State of California. Eight Years Experience in Field Work and Two Years Experience as a Superintendent 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County ofSan Bernardino) Kevin McCarthy being first duly swom, deposes and says that he or she is Corporate Secretary Of Macadee Electrical Construction Inc , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put In a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fa any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Macadee Electrical Construction, Inc. Bidder Vh Signaturefritle Subscribed and sworn to or affirmeed/d before me on this e9/4ot day of '2008 by C personally known to me or proved to me on the be of satisfactory evidence to be the perS s) who appeared before me. CAROLE J. LOVE 0MyCoCommMlon # 1510787 rnrn.EXPlre3Aug3O.2O08 Notary PubOO - COMOmla San BemaFdno County [SEAL 11 i My Commission Expires: 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 396d DESIGNATION OF SURETIES Bidders name Macadee Electrical Construction, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Alliant Insurances Services 3270 Inland Empire Blvd Suite 100 Pam McCarthy - Bid Bonds - Performance Bonds - Payment Bonds (909) 483 -5138 Balisha Averhart - Cert. Of Insurance (909) 483 -5137 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Macadee Electrri al Construction Inc 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. 13 Current Record Record Record Record Record Yearof for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts Total dollar Amount of Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent transfer to another job or termination of o 0 0 0 0 0 0 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. 13 .......... Legal Business Name of Bidder Macadee Electrical Construction, Inc. Business Address: 4755 Lanier Road, Chino, CA. 91710 Business Tel. No.: (909) 627-1336 State Contractor's License No. and Classification: 583125 -c -10 License Title Corporate Secretary The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title President 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 partnershipfjoint 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 i • CALIFORN 1A ALL-PURPOSE ACKNOWLEDGMENT State of Cali County r)n �` `� ` hcfnrc mo I sS. o-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`ha_nd and official seal. � Place Notary Seal Above �G!/ a �: �'r�`�� a Signature Volary Publ'x: 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: Number of Pages: Signer(s) Other Than Named Above: Capecity(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 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: I 0 2014 National Notary Assocla9on • 9350 De Soto Ave., P.O. Box 2402 • Cludawom, CA 91313 -2402 Rem No. 5907 Reorder. Call TolaFree 1- 800.8786877 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 ACKNOWLEDGEMENT OF ADDENDA Bidders name Macadee Electrical Construction, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3964 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Macadee Electrical Construction, Inc. Business Address: 4755 Lanier Road Chino CA 91710 Telephone and Fax Number: (909) 627 -1336 Phone (909) 627 -3772 California State Contractor's License No. and Class: 563125 -C-10 (REQUIRED AT TIME OF AWARD) Original Date Issued:December 26. 1s89Expiration Date: December 31, 2009 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: Kevin McCarthy - Corporate Secretary/Operations Manager The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone John McCarthy President 4755 Lanier Road, Chino, CA 91710 (909) 627 -1336 Debra McCarthy Vice President 4755 Lanier Road, Chino, CA 91710 (909) 627 -1336 Kevin McCarthy Corporate Secretary 4755 Lanier Road, Chino, CA 91710 (909) 627 4336 Corporation organized under the laws of the State of California 16 • 41 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NIA Briefly summarize the parties' claims and defenses; N/A 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 labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 49) Are any claims or actions unresolved or outstanding? Yes 40 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Macadee Electrical Constructon, Inc. Bidder John McCarthy (Print name of Owner or President of Corporation /Com any) C Au orized Sig refritle Title Date Subscribed and swum to (or affirmed) before me on this 22- day of , 2008 by .--wm rA&or proved to me on the basis of satisfactory eviden to be the person(s) who appeared before me. Cetlltti�l i IMlwt �IOwtrtit+wteOrlltrl [SEAL] iV My Commission Expires: 7/5 O 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 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 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 CONTRACT THIS AGREEMENT, entered into this Q- day of AGO• , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and MACADEE ELECTRICAL CONSTRUCTION, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS "The work necessary for the completion of this contract consists of installing bollard lighting facilities and appurtenances as shown on plans, as dictated by the specifications and special provisions, and as directed by the City." 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. 3964, 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. P7141 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 TWENTY -THREE THOUSAND, SIX HUNDRED NINETY -TWO AND 001100 DOLLARS. 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: Alfred Castanon (949) 644 -3314 Macadee Electrical Construction, Inc. 4755 Lanier Road Chino, CA 91710 909 - 627 -1336 909 -627 -3772 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "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 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive 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 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily 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. c) Workers' Compensation and Employers Liability: Workers' compensation limits as 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. W, 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 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 active 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. 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. 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 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 and year first written above. AP PRO ED AS TO FOR AA O C. HARP Assistant City Attorney 25 CI A CONTRACTOR By: 14L�:� (Corporate Officer) Title C Print Name e EXECUTED IN FOUR COUNTOARTS • EMIUM IS FOR CONTRACT TERM AND I5 SUBJECT TO ADJUSTMENT CITY OF NEWPORT BEACH BASED ON FINAL CONTRACT PRICE PUBLIC WORKS DEPARTMENT BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 BOND NO.CA4877574 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2, 460.00 being at the rate of $ 7.60 PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to MACADEE ELECTRICAL CONSTRUCTION, INC., hereinafter designated as the "Principal ", a contract for construction of BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS, Contract No. 3964 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. 3964 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and GREAT AMERICAN INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED TWENTY -THREE THOUSAND, SIX HUNDRED NINETY -TWO AND 001100 DOLLARS lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. Ie 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 30TH day of JANUARY 2008. /1 (moo/ ro k Srcrtlu� Macadee Electrical Construcion, In . (Principal) Au rize gnature/Title GREAT AMERICAN INSURANCE COMPANY Name of Surety Authorized Agent Signature 750 THE CITY DRIVE SO. 0300 ORANGE, CA 92868 SUSAN C. MONTEON, ATTORNEY -IN -FACT Address of Surety Print Name and Title (714) 740 -2400 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED FAIJsers%PBMShared4ContractsTY 07- =Buffalo Hills, Bonita Creek, and San Miguel Park Lighting Improvements C- 3964\—CONTRACT C- 3964.doc 29 CALIFORNIA ALL - PURPOSE State of California SS. County of San Bernardino On January 30, 2008 before me, Pamela McCarthy Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared Susan C. Monteon Name(s) of Signer(s) PAMELA MCCARTHY z COMM. # 1659202 NO SAN BERNARDINO TARY pUSUC—CCC�Oy�IA1 MY Comm. Expires April 30, 2010 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's • Individual • Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General © Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Top of thumb here GREAT AMERICAN INSURANCE COMPANY(g) Administrative Office: 580 WALNUT STREET 0 CINCINNATI, OHIO 45202' 513 - 3683000' FAX 513 -723 -2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14386 POWER OF ATTORNEY MOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the Stare of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomeyin -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL JANET L. MILLER ONTARIO, $75,000,000.00 PAMELA McCARTHY CALIFORNIA SUSAN C. MONTEON This Power of Attorney revokes all previous powers issued in behalf of the attomey(s )-in -fact named above. IN WITNESS WIIEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 21` day of, DECEMBER , 2006. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVIDC.KITCHIN (5193893811) On this 21° day of DECEMBER , 2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is grantedby authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any am of them, be and hereby a authorized from time to time, to appoint one or more Attorneys -m -Fact to execute on behalf of the Company, as surety, my and all bonds, undertakings and contracts ofsmetyship, or other written obligations in the nature thereof,, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seat and the signature of any of the aforesaid qffice rs and any Secre tary or Assistant Secre tary of the Company may be eff"d byfacsanile to any power ofanorn ey or certifica te of either given for the execution of any bond undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch outer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually of iiwd I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 30TH dayof, JANUARY 1 2.008 8 1029T(11701) s • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of On before personally appeared CAROLE J. LOVE _ Commission # 1510787 -+s Notary PubIIc - CaBfomta ' r San Bernardino County MyComm. Expires Aug 90, 2008 ss. "Jam Doe, Notary PublO Name(s) of Signer(s) L7 pensonally 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. W=andlLpfficial seal. Place Notary Seal Above Sign re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent rem91 and reattachment of this form to another document. A // , t Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: no 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 Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER III Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Tftle(s): • Partner —0 Limited ❑ General • Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGI IT THULMPRINT OF SIGNER LN •. +y: �4�� `•+%Z`.3 `y.:`J•CN`:✓`i%'eY av'"av5'a3f'aYS.� `:3 " "3 "` " -i "J" H "3_ `T3 "'J " "3 " "d- `"Ji.�`J4 y. "J4y..•3 •,.y4••.v 'a34'a3f. >3' 131 .35` ?JS'•JS "�JS`�v�n:J:'.{ 9350 • e., P.O. Box 240 Chatsrth, CA 91 :rl: • W .. : ..... .::..: :i::: ..... :....: ;.::.::: ACORDn . <wERTIFIC/1T (iF ;UA1311TY ':':':'.:: :' : ' ::::::..:.:.:. •:: ".'::: DATE (MMI ONY1 !N$UFA1uCf; .:...;_ t 31 oB ..................... . PRODUCER 909.941 -6699 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant Insurance Services, Inc. Jay Freeman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3270 Inland Empire Blvd., #100 COMPANIES AFFORDING COVERAGE Ontario, CA 91764 COMPANY A Travelers Property Casualty INSURED Macadee Electrical COMPANY s Travelers Indemnity Co of CT Construction COMPANY 4755 Lanier Road c Chino CA 91710 COMPANY D AGES ?.:r:A;. °r!r�:::l;.;:;.; tat r +•.:.: ';'.: i:::: ::'_: '.i:': ".. .... ..... ........ ;.;.,.<,.. , .::::,..,.....:::::::.,....,. :...:.::iii :::::'..r s.;. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDD/YY) POLICY EXPIRATION DATE(MMIDONY) LIMITB • GENERAL LABILITY DTECOD413B657 08 2/01108 2/01109 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LABILITY PRODUCTS - COMP /OP ADD 8 2,000,000 PERSONAL D ADV INJURY $ 1,000,000 CLAIMS MADE FT1 OCCUR EACH OCCURRENCE $ 1 OOO 000 OWNER'S S CONTRACTOR'S PROT X FIRE DAMAGE (Any do 111* 6 300,000 PD Ded.: 0.000 MED EXP (Any om mrmN S 5.000 • AUTOMOBILE X LIABILITY ANY AUTO DT8100413B65708 2101/08 2101/09 COMBINED SINGLE LIMIT 8 1,000,000 BODILY INJURY (Por pmmnl 8 ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (PAr PCCitla,,t) � 8 HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE 8 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 8 OTHER THAN AUTO ONLY: MY AUTO EACH ACCIDENT $ AGGREGATE 8 A EXCESS LIABILITY DTSMCUP365K603408 2101/08 2!01109 EACH OCCURRENCE $ 1,000,000 X UMBRELLA FORM AGGREGATE $ 1,000,000 Retention 8 10,000 OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DTEUB5637L65007 8/15/07 8/15108 X T ITAITS 0TH- O.Y UM 1,F EL EACH ACCIDENT 1 5 1,000,000 THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE OFFICERS ARE X EXCL EL DISEASE - POLICY LIMIT 8 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 OTHER * 10 Days Notice for Non -Pay. DESCRIPTION OF OPERATIONSAACATIONSN911CLESISPECIN .ITEMS Re: Contract #3964, Buffalo Hills, Bonita Creek and San Miguel Park Lighting Improvements. City of Newport Beach, its officers, agents, officials, employees and volunteers are additional insureds as per (Continued on attached) CEO .IF.tCATE HOLDER City of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL KJWOX X MAIL Public Works Department *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 3300 Newport Blvd. AAXkideh�iC�fAtXXtYYXAFhHFA�YYOCA $�4DPt19ADCIF7AYa Newport Beach, CA 92658 AUTH PFPRESEN IVE j I / /'.•Y�t ACO POAA7IQN.1 BB9 • Conti'nued from Description of Operations. .forms attached. City of Newport Beach, its officers, volunteers are additional insureds as Primary wording is included. Contractual liability is included. Aggregate limits apply per project. Waiver of Subrogation is included as Waiver of Subrogation is included as Compensation. • agents, officials, employees and respect to Auto Liability. per form attached. respect to Workers' The cancellation clause has been amended to delete the "endeavor to" and "but failure to..." wording. 0 POLICY NUMBER: DTECO0413B657 08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S) PER CERTIFICATE ATTACHED PROJECT /LOCATION OF COVERED OPERATIONS: PER CERTIFICATE ATTACHED 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization shown in the Schedule above. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured at the location show in the Schedule. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section III - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury ", "property damage ", "personal injury ", or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shops drawings, opinions, reports, surveys, field orders, change orders, or drawings and specification; and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. CG D2 47 10 02 Page 1 of 2 Copyright, The Travelers Indemnity Company 0 0 COMMERCIAL GENERAL LIABILITY 'c.) This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products - completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such contract or agreement and in no event beyond the expiration date of the policy. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "yoru work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other vlaid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for whichi coverage is sought specifically requires that this insurance apply on a primary or non - contributory basis. When this insruance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice ofny "suit" b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender and defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and /or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG D2 47 10 02 Page 2 of 2 Copyright, The Travelers Indemnity Company • 0 POLICY NUMBER: DTECO0413B657 07 Excerpt from Insured's coverage form CG 00 01 10 01. Section IV, 4a Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligationa re not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. (C) ISO Properties, Inc., 2000 CG 00 01 10 01 • • POLICY NUMBER: DTECO0413B657 08 COMMERCIAL GENERAL LIABILITY CG D3 16 07 04 - EXCERPT, BLANKET WAIVER OF SUBROGATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - Provisions A. -H. and J. -N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage - Damage To Premises Rented To You - Perils of fire, explosion, lighting, smoke, water - Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured - Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage - Bodily Injury G. Contractual Liability - Railroads H. Additional Insured - State of Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments - Cost of bail bonds increaded to $2,500 - Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury - Assumed by Contract N. Blanket Additional INsured - Lessor of Leased Equipment PROVISIONS C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work "; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Copyright 2004 The St. Paul Travelers Companies, Inc. Excerpt - Blanket Waiver of Subrogation, CG D3 16 07 04 r 0 NAMED INSURED: Macadee Electrical Construction COMMERCIAL AUTO POLICY NUMBER: DT8100413B657 08 EFFECTIVE DATE: 2/1/08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an "insured" under paragraphs a. or b. of that provision, subject to the following additional provisions: 1. No liability is assumed by that person or organization for the payment of any premiums stated in the policy or earned under th policy. 2. In the event of cancellation of the policy, written notice of cancellation will be mailed by us to that person or organization. Person or Organization County of Riverside, directors, officers, special districts, board of supervisors, employees, agents, representatives and William Lyon Homes, Inc. ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED IN WRITTEN CONTRACT. CA T3 01 02 99 Page 1 of 1 The Travelers Indemnity Company of Connecticut A Member of Travelers Group WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) -- POLICY NUMBER: DTEUB56371650 07 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 5 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. Person or Organization Schedule Job Description DATE OF ISSUE: 08/15/07 ST ASSIGN: California Fax #: 40 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: Feb 11, 2008 Dept. /Contact Received From: Shauna Oyler Date Completed: Feb 12, 2008 Sent to: Shauna Oyler By: Rhonda Hernandez Company /Person required to have certificate: Macadee Electrical GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property 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 $1M or greater): What is limit provided? 2 mil agg /1 mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty 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 $1M min. BI & PD and $500,000 UM): What is limits provided? 1 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): Is it included? N/A ❑ 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: Travelers Indemnity B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Check A License: Contract*icense Detail . Page 1 of 2 Skip to: CSLB flor0e I Content I Footer I Accessibility �f CONTRACTORS ' e,a4 y STATE LICENSE BOARD Il:t } }t.l Itllltt I.Ettkl lkl;lt}�t`t`,t1 411141.1 Illltt tl.tht f ?.Iltt't!•tt}tt I {•I. }Ill Jjl# tllllll Iltlt vonnwi J0 ODIUM am. CSLB Newsroom Board and Committee DISCLAIMER: A license status check provides information taken from the Meetings CSLB license database. Before relying on this information, you should be awa Disaster Information the following limitations. Center This license filed Contractor's Bond number 675360 in the amount $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) JOHN JOSEPH M CARTHY certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 12/19/1989 _ ..... ..... ..._ .......................... ..... .. ...... ....__......__ hftp: / /www2.csib.ca.gov/ General - Information /interactive- tools /check -a- license /Li... 01/28/2008 • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link o Frequently Asked to obtain complaint and/or legal action information. Questions • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are dis Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto tt Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 583125 Extract Date: 01/28/2( .. .. .. . ....... .. .... .. • Check Application Status Business MACADEE ELECTRICAL CONSTRUCTION • Search for a Surety Bond Information: 4755 LANIER ROAD Insurance Company CHINO, CA 91710 • Search for a Workers' Business Phone Number: (909) 627 -1336 Compensation Company .. .. ........ ...... .. .... _.... ....._ ..... .. Entity: Corporation How to Participate Issue Date: 12119/1989 Expire Date: 12/31/2009 License Status: This license is current and active. All information below should b, reviewed. Classifications: CLASS DESCRIPTION C10 ELECTRICAL Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 675360 in the amount $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) JOHN JOSEPH M CARTHY certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 12/19/1989 _ ..... ..... ..._ .......................... ..... .. ...... ....__......__ hftp: / /www2.csib.ca.gov/ General - Information /interactive- tools /check -a- license /Li... 01/28/2008 Check A License: Contracto *icense Detail • Page 2 of 2 Workers' This license has workers compensation insurance with the Compensation: TRAVELERS INDEMNITY COMPANY.OF CONNECTICUT Policy Number: DTEUB5637L65007 Effective Date: 08/15/2007 Expire Date: 08/15/2008 Workers' Compensation History Consumers 1 Contractors I Applicants I Journeymen I Public Works I Building Officials I General Info CSLB Home I Conditions of Use Privacy I Contact CSLB Copyright O 2007 State of California http: / /www2.cslb.ca.gov /General- Information /interactive- tools /check -a- license /Li... 01128/2008 California Business Search * • Page 1 of 1 DISCLAIMER: T he information displayed here is current as of JAN 25, 2008 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/ ShowAIlList ?QueryCorpNumber- Cl464309 &pri... 01/28/2008 Corporation MACADEE ELECTRICAL CONSTRUCTION Number: C1464309 Date Filed: 6/29/1989 Status: active Jurisdiction: California Address 4755 LANIER ROAD CHINO, CA 91710 Agent for Service of Process DEBRA A. MCCARTHY 4755 LANIER ROAD 11CHINO, CA 91710 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/ ShowAIlList ?QueryCorpNumber- Cl464309 &pri... 01/28/2008 Encompass Detail Acct. Type: Business Tax License #: BT30020741 Bus. ID: 0050791 Name: MACADEE ELECTRICAL CONSTRUCTIO Owner MCCARTHY, JOHN Name: Owner C Type: Exp. Date: 9/30/2008 S Addy: 4755 LANIER ROAD S Addy 2: Addr3: CHINO CA Zip: 91710 B Addr1: 4755 LANIER ROAD B Addr2: B Addr3: CHINO, CA B Zip: 91710 Phone: 909 -627 -1336 FEIN: 330369426 SEIN: 1464309 Established: 9/24/2007 SIC: 5063 -ELECTRICAL APPARATUS & EQUIPME Owner #: 0050791 # of Emps: 0 usr1: 9399 usr2: usr3: usr4: usr5: usr6:490507860 usr7: R @NgWOR,.] RjMlCrosuft.. 0 2 frtw ;V: 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BUFFALO HILLS, BONITA CREEK, AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 To the Honorable City Council City of Newport Beach 3340 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. 3964 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 BUFFALO HILLS PARK Al. Lump Sum As Built Plans @ One Hundred Dollars And Zero Cents 100.00 Per Lump Sum A2. Lump Sum Mobilization @One Thousand Five Hundred Dollars And Zero Cents 1,500.00 Per Lump Sum A3. Lump Sum Traffic Control @ One Thousand Dollars And Zero Cents 1,000 Per Lump Sum . PR2of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE A4.. 34 Each Install bollard, luminaire and new conduit and wiring from bollard base to adjacent pull box. @Two Thousand Seventy Two Dollars And Fifty Cents 2,072.50 70,465.00 Per Each A5. 1 Each Replace existing streetlight standard on existing foundation. Install new conduit and wiring from pole base to adjacent pull box. Three Thousand Five @ Hundred Sixty Three Dollars And Zero Cents 3,563.00 3,563.00 Per Each A6. 63 Each Install concrete pull boxes. @ One Hundred Sixty One Dollars And Zero Cents 161.00 10,143.00 Per Each A7. 1 Each Replace existing pull box with new #5 F pull box. @ One Hundred Seventy One Dollars And Zero Cents 171.00 171.00 Per Each A8. 6,500 LF Install conduit and insulated conductors. @ Ninteen Dollars And Seventy Cents 19.70 128,050.00 Per Linear Foot A9. 210 LF Install 1 -1/4" PVC conduit, w! 448 insulated conductors, and 148 bare conductor. @ Twenty One Dollars And Seventy Cents 2170 4,557.00 Per Linear Foot PR3o €7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE A10. 8 LF Install insulated conductors and bare conductor in existing conduit @ Five Dollars Arid Zero . Cents 5.00 40.00 Per Linear Foot A11. 1 Each Remove and salvage existing service box. @ One Hundred Ninety Dollars And Zero Cents 190.00 190.00 Per Each Al2. 1 Each Install new service cabinet and pull box. -Two Thousand Six Hundred TllarS Vo And Zero Cents 2,603.00 2,603.00 Per Each A13. 1 Each Replace existing service cabinet. Two Thousand Four Hundred Thirty One @ Dollars And Zero Cents 2,431.00 2,431.00 Per Each A14. 1 Each Modify existing service cabinet. CaPne Hundred Thirty Four Dollars And Zero Cents 134.00 134.00 Per Each Two Hundred Twenty Four Thousand Nine Hundred Forty Seven. Dollars and Zero Cents $ 224,947.00 Price in Figures @Three Hundred Twenty Four Dollars And Twenty Fire Cents 324.25 3,891.00 Per Each B6. 1340 LF Install insulated conductors and bare conductor in existing conduit. @ Three Dollars And Thirty Five Cents 3.35 4.489.00 Per Linear Foot F3USers1VBWlSheroM� '"CWkFy or- o"%suBe10 Hiia, Bonita Creek, and San M59ue1 Park LIgh141g Improvanems C- 3964WROPOSALF3o cam PR 4 Of -7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE BONITA CREEK PARK B1. Lump Sum As Built Plans o@ One Hundred Dollars and Z`111_ -Cents 100.00 Per Lump Sum B2. Lump Sum Mobilization @ one Thousand Five Hundred Dollars and Zero Cents 1,500.00 Per Lump Sum B3. Lump Sum Traffic Control aD One Thousand Dollars and Zero Cents 1.000.00 Per Lump Sum B4. 12 Each Install new Type I standards. Thrae Thousand Seven Hundred Nine @ Dollars And Zero Cents 3,709.00 44,508.00 Per Each B5. 12 Each Replace existing foundation with contractor furnished pull box. @Three Hundred Twenty Four Dollars And Twenty Fire Cents 324.25 3,891.00 Per Each B6. 1340 LF Install insulated conductors and bare conductor in existing conduit. @ Three Dollars And Thirty Five Cents 3.35 4.489.00 Per Linear Foot F3USers1VBWlSheroM� '"CWkFy or- o"%suBe10 Hiia, Bonita Creek, and San M59ue1 Park LIgh141g Improvanems C- 3964WROPOSALF3o cam PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE B7. 1 Each Modify existing service cabinet ®One Hundred Forty Five Dollars And Zero Cents Per Each 145.00 145.00 B8. 160 LF Install 1 -114" PVC conduit, insulated conductors and 148 bare conductor. Twenty Dollars And Zero Cents Per Linear Foot 20.00 3.200.00 Fifty Eight Thousand Eight Hundred Thirty Three Dollars and Zero Cents $ 58,833.00 Price in Figures PR6of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE SAN MIGUEL PARK C1 Lump Sum As Built Plans @ Ona Kindred Dollars And Zero Cents 100.00 Per Lump Sum C2. Lump Sum Mobilization @One Thousand Five Hundred Dollars And Zero Cents 1,500.00 Per Lump Sum C3. Lump Sum Traffic Control @ One Thousand Dollars And Zero Cents 1.000.00 Per Lump Sum C4. 13 Each Install new bollard, luminaire and balast. Install standard on new foundation. @Two Thousand Ninety Three Dollars And Zero Cents 2,093.00 27,209.00 Per Each C5. 13 Each Replace existing foundation with contractor furnished pull box per CNB STD -204 -L and Detail "C ", Sheet 7. @Three Hundred Twenty Five Dollars And Zero Cents 325= 4225.00 Per Each C6. 430 LF Install insulated conductors and bare conductor in existing conduit. @ Two Dollars And Seventy Cents 2.70 1,161.00 Per Linear Foot PR7of7 ITEM DESCRIPTION AND idyl 1 1 Each Modify existing service cabinet. C7. cQ Ninety Seven Dollars And Cents 97.00 97 00 Zero Per Each tors (- Lighting, 24rrigation) and bare C8, 1050 LF install Insulated in existing conduit. Four ---- — Dollars And Cents 4.40 4,52G.00 Forty Per Linear Foot Dollars Thi Nine Thousand Ni a Hu re T Ive 39,912.00 and zero Cents Price in Figures F:1Users\pMW Shared),COruract51FY 07- 085Buffab Hills, Bono Creek. and San Miguel Park lighting Improvements G 39641PROPOSAL C- 3964.d0c t� CONTRACT NO. 3964 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 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' 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME.OF COMPLETION 1 1 1 1 vj 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout iF 12 12 12 12 13 13 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.5.1 Steel Plates 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 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 Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9-3 PAYMENT 9 9 -3.1 General 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout iF 12 12 12 12 13 13 SECTION 203 BITUMINOUS MATERIALS 13 203 -5 EMULSION- AGGREGATE SLURRY 13 203 -5.2 Materials 13 203 -5.3 Composition and Grading 13 400 -2.1 PART 3 - -- CONSTRUCTION METHODS 16 SECTION 300 EARTHWORK 14 300 -1 CLEARING AND GRUBBING 14 300 -1.3 Removal and Disposal of Materials 14 300 -1.3.1 General 14 300 -1.3.2 Requirements 14 300 -1.5 Solid Waste Diversion 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 15 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 15 303 -5.1.1 General 15 303 -5.5 Finishing 15 303 -5.5.1 General 15 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 15 308 -1 General 15 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 16 PORTLAND CEMENT CONCRETE, AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 16 400 -2.1 General 16 400 -2.1.1 Requirements 16 0 • SP1 OF16- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BUFFALO HILLS, BONITA CREEK, AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing Nos. 1 - 19); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of installing bollard lighting facilities and appurtenances as shown on plans, as dictated by the specifications and special provisions, and as directed by the City." 2 -9 SURVEYING Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work. 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 City Surveyor to walk the project to review the survey monuments. The Contractor shall • • SP2OF16 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 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 0 • SP3OF16 in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 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. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing lighting facilities and appurtenances. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Herb Wollerman, Electrical Services Supervisor, at (949) 718 -3406. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of 0 • SP 4 OF 16 completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 75 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 151 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 4 th , the first Monday in September (Labor Day), November 11`h (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." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 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 the normal working hours prescribed above. Should the Contractor elect to work later than 4:30 p.m. and up to 6:30 p.m. weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, he must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period, except in emergencies involving immediate hazard to persons or property. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Denial of such request(s) will not be sufficient reason to grant the Contractor an extension of time. Additionally, the Contractor shall pay for inspection costs of $50.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the 75 consecutive calendar days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with Section 6 -7 -1, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." 0 • SP5OF16 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this .section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 --- RESPONSIBILITIES OF THE CONTRACTOR 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." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best'Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. p • SP6OF16 d. Monitoring construction activities. e. Minimizing usage of water when saw- cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 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), latest editions, also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed 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: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the Iaydown area. The Contractor shall restore the Iaydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot, The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a • SP7OF16 licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators; lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 0 • SP8OF16 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a Class A License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. • SP9OF16 SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. Al As Built Plans (and DBE Certification if applicable) Item No. A2 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. A3 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. A4 Work under this item shall include installing new contractor furnished bollard as directed by the City's representative and 35 -watt, 240 -volt H.P.S. luminaire with enclosed ballast. Furnish and install double fuseholder w/ 5 amp fuses (Trop #HEX -AA) per CNB STD -205 -L in adjacent pull box. Install standard on new foundation per Detail `A', Sheet 7. Install new 1" PVC conduit and wiring from bollard base to adjacent pull box per CNB STD -204 -L and STD - 205 -L. Item No. A5 Work under this item shall include replacing existing street light standard with contractor furnished Type 1 standard and 70 -watt, 240 -volt H.P.S. luminaire w/ photo electric cell and enclosed ballast. Furnish and install double fuseholder w/ 5 amp fuses (Tron #HEX -AA) in adjacent pull box. Install standard on existing foundation per CNB STD - 200 -L. Install new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD- 205 -L. Pole to be 24' -3" height and 4' arm (Ameron 4131- 24 -F4). • SP 10 OF 16 Item No. A6 Work under this item shall include installing #3'/Y F concrete pull box per CNB STD -204 -L and STD - 205 -L. Where 5 or more conduits terminate in a pull box, a #5 F concrete pull box shall be installed. Location to be determined by the City's representative. Item No. A7 Work under this item shall include replacing existing pull box with new #5 F pull box. Item No. A8 Work under this item shall include installing 1 -1/4" PVC conduit, w/ 2- #8 insulated conductors and 148 bare conductor. Conduit shall be installed adjacent to sidewalk as directed by the City's representative. Damaged turf due to contractor trenching shall be replaced at contractors expense. Item No. A9 Work under this item shall include installing 1 -1/4" PVC conduit, wl 4- #8 insulated conductors and 148 bare conductor. Conduit shall be installed adjacent to sidewalk as directed by the City's representative. Damaged turf due to contractor trenching shall be replaced at contractors expense. Item No. A10 Work under this item shall include installing 248 insulated conductors and 148 bare conductor in existing conduit. Conduit ends shall be re- sealed with ductseal or equal. Item No. All Work under this item shall include removing and salvaging existing service box mounted on electrolier. Coordinate with City's representative and SCE. Item No. Al2 Work under this item shall include installing new contractor furnished service cabinet and #5 F pull box per CNB STD - 206 -L. Provide 2 -2P 20 -amp breakers for the required circuits as shown on plan and connect wiring. Re- connect to existing street lighting circuit. Coordinate with City's representative and SCE. Item No. A13 Work under this item shall include replacing existing service cabinet with new contractor furnished service cabinet per CNB STD - 206 -L. Provide 2 -2p 20- amp breakers for the required circuits as shown on plan and connect wiring. Coordinate with City's representative and SCE. Item No. A14 Work under this item shall include modifying existing service cabinet to provide 2 -2p 20 -amp breakers for the required circuits as shown on plan and connect wiring. Coordinate with City's representative and SCE. SS s��...'f.. " � .... .. '.';i�tlii�ft.�eie •'e''iVI{,''`. i. . , ,�j'� ;'V'i Item No. B1 As Built Plans (and DBE Certification if applicable) Item No. B2 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan • SP 11 OF 16 and construction schedule, and all other related work as required by the Contract Documents. Item No. B3 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. B4 Work under this item shall include installing new contractor furnished Type I standard as directed by the city's representative and 200 -watt, 240 -volt H.P.S. luminaire w /photo electric cell and enclosed ballast. Furnish and install double fuse holder (Tron #HEX -AA) w/ 5 -AMP fuses in adjacent pull box. Install standard on new foundation per Detail "D ", Sheet 7. Install new 1" PVC conduit and wiring from pole base to adjacent pull box. Install two double fuse holders if double arm pole is installed as per CNB STD - 205 -L. Item No. B5 Work under this item shall include replacing existing foundation with contractor furnished pull box per CNB- STD - 204 -L. See Detail "B" Sheet 7. Item No. B6 Work under this item shall include installing 246 insulated conductors and 148 bare conductor in existing conduit. Conduit ends shall be resealed with ductseal or equal. Item No. B7 Work under this item shall include modifying existing service cabinet to provide 2 -2P 20 Amp breakers for the required circuits as shown on the plan and connect wiring. Coordinate with City's representative and SCE. Item No. B8 Work under this item shall include installing 1 -1/4" PVC conduit, w/ 2- #6 insulated conductors and 148 bare conductor. Conduit shall be installed under sidewalk or as directed by the City's representative. Damaged turf due to contractor trenching shall be replaced at contractors expense. Item No. C1 As Built Plans (and DBE Certification if applicable) Item No. C2 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. • • SP 12 OF 16 Item No. C3 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. C4 Work under this item shall include installing new contractor furnished bollard as directed by the city's representative and 35 -watt, 240 -volt H.P.S. luminaire w/ photo electric cell and enclosed ballast. Furnish and install double fuse holder (Tron #HEX -AA) w/ 5 amp fuses per CNB- STD -205 -L in adjacent pull box. Install standard on new foundation per Detail "A ", Sheet 7. Install new 1" conduit and wiring from bollard base to adjacent pull box per CNB STD -204 -L and STD - 205 -L. Item No. C5 Work under this item shall include replacing existing foundation with contractor furnished pull box per CNB STD -204 -L and Detail "C ", Sheet 7. Item No. C6 Work under this item shall include installing 248 insulated conductors and 148 bare conductor in existing conduit. Conduit ends shall be re- sealed with ductseal or equal. Item No. C7 Work under this item shall include modifying existing service cabinet to provide 2 -2P 20 -amp breakers for the required circuits as shown on plan and connect wiring. Coordinate with City's representative and SCE. Item No. C8 Work under this item shall include installing 448 insulated conductors (2- Lighting, 2- Irrigation) and 148 bare conductor in existing conduit. Conduit ends shall be re- sealed with ductseal or equal. PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE • 0 SP 13 OF 16 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 203 - -- BITUMINOUS MATERIALS SECTION 203 -5 EMULSION- AGGREGATE SLURRY 203 -5.2 Materials. Replace 1) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS -1 h of 203 -1.3 (Test Reports and Certification), 203 -3.2, and to the following specifications when tested according to appropriate ASTM Methods: u rIT, 19r, oomTA ,.I I", Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 21/2 percent of weight of the emulsified asphalt. Latex- added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203 -5.2 (B): Sand_ Equivalent shall range from a value of 55 to a value of 45." 203 -5.3 Composition and Grading. Replace Residual Asphalt percentage of Dry Aggregate Weight for Type 11 aggregate from a value of 7.5 minimum to 8.5 minimum. 0 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • SP 14 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: http: / /www.city.newi)ort- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. 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. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "11-1/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of 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. 0 • SP 15 OF 16 SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 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 arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 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. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. 0 9 SP 16 OF 16 b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Prunino a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." FiUsers %PBwSSharechContractsTY 07- 0MBuffalo Hills, Bonita Creek, and San Miguel Park lighting Improvements C- 39641SPECS C- 3964,doc FE> 19 is ;;R Li CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7— February 12, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon 949 - 644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS - AWARD OF CONTRACT NO. 3964 RECOMMENDATIONS: 1. Approve the project plans and specifications. 2. Award Contract No. 3964 to Macadee Electric Construction for the Total Bid Price of $323,692, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $15,000 to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on January, 24, 2008, the City Clerk opened and read the following bids for this project: BIDDER Low Macadee Electric Construction 2 Steiny & Company, Inc. 3 Pro -Tech Engineering 4 Pouk & Steinle, Inc. 5 Big Ben Construction 6 OSA Group Inc. 7 Green Giant Landscape Inc. 8 Topline Construction Inc. 9 PTM General Engineering Services, Inc. 10 Moore Electric Construction, Inc. 11 J. Kim Electric Inc. 12 TDS Engineering 13 Giannelli Electric Inc. 14 Ramilan Electric Inc. 15 American Electric Company TOTAL BID AMOUNT $323,692.00 $324,287.00 $326,975.00 $337,630.00 $344,388.50 $346,158.00 $354,198.00 $384,959.00 $385,809.00 $393,121.00 $416,350.00 $419,037.00 $420,891.40 $425,847.50 $434,632.40 • s Buffalo Hills, Bonita Creek and San Miguel Park Lighting Improvements —Award of Contract No. 3964 February 12, 2008 Page: 2 The low total bid amount is 20 percent below the Engineer's Estimate of $404,524. The disparity between the estimate and the actual bid prices reflect a more favorable construction market. The low bidder, Macadee Electric Construction, possesses a California State Contractors License Classification °A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. Project Description: The project involves replacement of obsolete park lighting which was installed more than 40 years ago. This project focuses on the replacement of steel poles, deteriorating conduits, conductors and concrete pull boxes on various streets within Bonita Creek and San Miguel Parks. In addition, new lighting will be added at Buffalo Hills Park. Pursuant to the Contract Specifications, the Contractor will have 75 consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the repair of existing facilities involving negligible or no expansion of existing use. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices will be distributed by the contractor to adjacent residents and businesses. The first notice will be distributed ten days before work and the second notice 48 hours prior to starting work in the area. Geotechnical. Material Testing, and Survey Services: Geotechnical, material testing, and survey services are not anticipated for this project. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description Bonita Creek Park and San Miguel Park Light Replacement Buffalo Hills Park Lighting Street Light Replacement Program Account Number Amount 7015- C5300895 $125,000 7015- C4002000 $194,933 7013- C5300035 $18,759 Total $338,692 Buffa�s, Bonita Creek and San Miguel Park Lighting Improvements— Award of Contract No. 3964 February 12, 2008 Page: 3 Proposed uses are as follows: Vendor Macadee Electric Construction Macadee Electric Construction Prepared by: Alf er d Castanon Associate Civil Engineer Attachments: Project Location Map Bid Summary Purpose Construction Contract Construction Contingency Total Submitted by: Amount $323,692 $ 15,000 $338,692 Director 1 � WAY 3 i (n o Z ` iii Q y U M Y `V - o BO ITA CREEK PARK PRO ECT LOCATION _ L u lA SALU y o t m ��E6mWSWo Gy,,� a '9 to (// 6 p 3 CITY-OF NEWPORT CH... BON ITA CREEK PARK PUBLIC WORKS DEPARTMENT LOCATION MAP D1101 /25/08 SCALE N.T.S SHT 2 OF 2 DRAWN AC I C -3964 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Buffalo Hills, Bonita Creek, and San Miguel Park Lighting Improvements CONTRACT NO.: C-3964 ENGINEER'S ESTIMATE: $404,524.00 PROJECT MANAGER: Alfred Castanon SUMMARY OF BID RESULTS M0 DI V $344,394.50 DESCRIPTION ENGINEER'S ESTIMATE MACADEE STEINY & PRO -TECH POUK & BIG BEN OSA GROUP Buffalo Hills Park ENGINEER'S ELECTRIC CO., INC. ENGINEERING STEINLE, INC. CONSTRUCTION INC. DESCRIPTION ESTIMATE (LOW BIDDER) (2ND) 3RD) (4TH ) (5TH ) (6TH) Buffalo Hills Park $272,474.00 $224,947.00 $194,827.00 $212,485.00 $206,290.00 $212,652.50 $210,533.00 Bonita Creek Park $68,960.00 $58,833.00 $78,260.00 $61,700.00 $71,240.00 $72,580.00 $71,450.00 San Miguel Park $63,090.00 $39,912.00 $51,200.00 $52,790.00 $60,100.00 $59,156.00 $64,175.00 TOTAL T $404,524.00 $323,692.00 $324,287.00 $326,975.00 $337,630.00 $344,388.50 $346,158.00 M0 DI V $344,394.50 DESCRIPTION ENGINEER'S ESTIMATE GREEN GIANT LANDSCAPE (7TH) TOPLINE CONSTRUCTION (8TH) PTM GENERAL ENGINEERING (9TH ) MOORE ELECTRIC (10TH) J. KIM ELECTRIC 11TH) TDS ENGINEERING (12TH Buffalo Hills Park $272,474.00 $207,090.00 $240,025.00 $263,889.00 $236,321.00 $279,920.00 $265,537.00 Bonita Creek Park $68,960.00 $77,908.00 $76,760.00 $66,020.00 $93,600.00 $84,000.00 $90,730.00 San Miguel Park $63,090.00 $69,200.00 $68,174.00 $55,900.00 $63,200.00 $52,430.00 $62,770.00 TOTAL $404,524.00 $354,198.00 $384,959.00 $385,809.00 $393,121.00 $416,350.00 $419,037 IIJ 0 D,u rIVIUUry i DESCRIPTION ENGINEER'S ESTIMATE GIANNELLI ELECTRIC (13TH) RAMILAN ELECTRIC (14TH ) AMERICAN ELECTRIC (15TH) Buffalo Hills Park $272,474.00 $248,097.90 $254,450.00 $277,124.00 Bonita Creek Park $68,960.00 $106,089.00 $96,770.00 $89,624.40 San Miguel Park $63,090.00 $66,704.50 $74,627.50 $67,884.00 TOTAL $404,524.00 $420,891.40 $425,847.50 $434,632.40 AS BID AMOUNT $412,647.50 $433,932.40 Summary of Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Buffalo Hills, Bonita Creek, and San Miguel Park Lighting Improvements BID LOCATION: City Clerk's Office - City Hall CONTRACT NO. C-3964 DATE: 24- Jan-08 TIME: 10:00AM ENGINEER'S ESTIMATE: $404,524.00 BY: AC CHECKED: DATE: PROJECT MANAGER: Alfred Castanon D➢ri`kfYIQr1 -i BUFFALO HILLS PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE MACADEE ELECTRIC STEINY & CO., INC. PRO -TECH ENGINEERING ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT Al Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 $100.00 $100.00 $200.00 $200.00 $300.00 $300.00 A2 Mobilization /Demobilization and Cleanup 1 LS $2,000.00 $2,000.00 $1,500.00 $1,500.00 $500.00 $500.00 $1,000.00 $1,000.00 A3 Traffic Control 1 LS $2,000.00 $2,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $2,000.00 $2,000.00 A4 Install Bollard, Lumiinaire & new Conduit/Wiring 34 EA $2,500.00 $85,000.00 $2,072.50 $70,465.00 $2,550.00 $86,700.00 $2,250.00 $76,500.00 A5 AS Replace Existing Street Light Standard Install Concrete Pull Boxes 1 63 EA EA $4,000.00 $350.00 $4,000.00 $22,050.00 $3,563.00 $161.00 $3,563.00 $10143.00 $365.00 $205.00 $365.00 $12,915.00 $3,000.00 $250.00 $3,000.0 $15,750.0 A7 Replace Existing Pull Box w /New #5 F Pull Box 1 EA $350.00 $350.00 $171.00 $171.00 $365.00 $365.00 $500.00 $500.00 AS Install Conduit and Insulated Conductors 6,500 LF $22.00 $143,000.00 $19.70 $12805000 $12.00 $78,000.00 $16.00 $104,000.00 A9 Install 11/4 "Conduit w/448 Insulated Conductors 210 LF $25.00 $5,250.00 $21.70 $4,557.00 $23.00 $4830.00 $7.50 $1,575.00 A10 Install Insulated Conductors & Bare Cond. In Exist. 8 LF $3.00 $24.00 $5.00 $40.00 $18.00 $144.00 $95.00 $760.00 All Remove and Salvage Existing Service Box 1 EA $200.00 $200.00 $190.00 $190.00 $303.00 $303.00 $500.00 $500.00 Al2 Install New Service Cabinet and Pull Box 1 EA $3,000.00 $3,000.00 $2,603.00 $2,603.00 $4770.00 $4770.00 $3,500.00 $31500.00 A13 Replace xisting Service Cabinet 1 EA $4,000.00 $4,000.00 $2,431.00 $2,431.00 $4100.00 $4,100.00 $3,000.00 $3,000.00 A14 Modify Existing Service Cabinet 1 EA $600.00 $600.00 $134.00 $134.00 $1,135.00 $1135.00 $100.00 $100.00 $3,370.00 $3370.00 $4500.00 $4,500.00 A14 Modify Existing Service Cabinet 1 EA EE $272,474.00 LOW $224,947.00 2ND $194,827.00 3RD $212,485.00 AS BID AMOUNT BUFFALO HILLS PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE POUK & STEINLE, INC. BIG BEN CONSTRUCTION OSA GROUP INC. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT Al Final Redline As -Built Plans 1 LS $1,000.00 $1 000.00 $2000.00 $2,000.00 $65.00 $65.00 $1 500.00 $1 500.0 A2 A3 Mobilization /Demobilization and Cleanup Traffic Control 1 1 LS LS $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2 500.00 $2500.00 $2,500.00 $2500.00 $7,000.00 $660.00 $7,000.00 $660.00 $38,000.00 $6,000.00 $38 000.0 $6000.00 A4 Install Bollard, Lumiinaire & new Conduit/Wiring 34 EA $2,500.00 $85,000.00 $1,800.00 $61,200.00 $3,145.00 $106,930.00 $1,900.00 $64,600.00 AS Replace Existing Street Light Standard 1 EA $4,000.00 $400000 $2,900.00 $2 900.00 $4,250.00 $4,250.00 $2,200.00 $2,200.00 AS Install Concrete Pull Boxes 63 EA $350.00 $22,050.00 $400.00 $25,200.00 $137.00 $5,631.00 $300.00 $18,900.00 A7 Replace Existing Pull Box w /New #5 F Pull Box 1 EA $350.00 $350.00 $450.00 $450.00 $730.00 $730.00 $375.00 $375.00 AS Install Conduit and Insulated Conductors 6500 LF $22.00 $143,000.00 $15.00 $97,500.00 $11.60 $75,400.00 $10.00 $65,000.00 A9 Install 1 114" Conduit w /4-#a Insulated Conductors 210 LF $25.00 $5,250.00 $26.00 $5,460.00 $8.65 $1 816.50 $15.00 $3,150.00 A10 Install Insulated Conductors & Bare Cond. In Exist. 6 LF $3.00 $24.00 $10.00 $80.00 $4.00 $32.00 $1.00 1 $8.00 All Remove and Salvage Existing Service Box 1 EA $200.00 $200.00 $500.00 $500.00 $265.00 $265.00 $300.00 $300.00 Al2 Install New Service Cabinet and Pull Box 1 EA $300000 $3,00000 $2800.00 $2,800.00 $3,170.00 $3,170.00 $4,500.00 $4,500.00 A13 Replace Existing Service Cabinet 1 EA $4,000.00 $4000.00 $3,000.00 $3,000.00 $3,370.00 $3370.00 $4500.00 $4,500.00 A14 Modify Existing Service Cabinet 1 EA $600.00 $800.00 $200.00 $200.00 $333.00 $333.00 $1500.00 $1,500.00 EE $272,474.00 4TH $206290.00 5TH $212652.50 6TH $210533.00 AS BID AMOUNT $212,658.50 Page 1 A - Buffalo Hills CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Buffalo Hills, Bonita Creek, and San Miguel Park Lighting Improvements CONTRACT NO.: C -3984 ENGINEER'S ESTIMATE: $404,624.00 PROJECT MANAGER: Alfred Castanon BID LOCATION: City Clerk's Office - City Hall DATE: 24 -Jan-08 TIME: 10:OOAM BY: AC CHECKED: DATE: 01/24/2008 BUFFALO HILLS PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE GREEN GIANT LANDSCAPE TOPLINE CONSTRUCTION PTM GENERAL ENGR ITEM DESCRIPTION QUANTITY UNIT I AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT At Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 $2,000.00 $2,000.00 $200.00 $200.00 $1,000.00 $1,000.00 A2 Mobilization/Demobilization and Cleanup 1 LS $2,000.00 $2,000.00 $5,000,00 $5,000.00 $3,550.00 $3,550.00 $3,000.00 $3,000.00 A3 Traffic Control 1 LS $2,000.00 $2,000.00 $1,500.00 $1,600.00 $600.00 $600.00 $6,984.00 $6,984.00 A4 Install Bollard, Lumiinaire & new Conclult/Wiring 34 EA $2,500.00 $85,000.00 $2,620.00 $89,080.00 $3,900.00 $132,600.00 $2,500.00 $85,000.00 A5 Replace Existing Street Light Standard 1 EA $4,000.00 $4,000.00 $8,000.00 $8;000.00 $4,400.00 $4,400.00 $4,000.00 $4,000.00 A6 A7 Install Concrete Pull Boxes Replace Existinq Pull Box w /New #5 F Pull Box 63 1 EA EA $350.00 $22,050.00 $200.00 $12,600.00 $120.00 $7,560.00 $260.00 $161380.04 $350.00 $350.00 $500.00 $500.00 $160.00 $160.00 $300.00 $300.00 A8 Install Conduit and Insulated Conductors 6,500 LF $22.00 $143,000.00 $10.001 $65,000.00 $12.30 $79,950.00 1 $20.50 $133,250.00 A9 Install 1114"Conduit w/4-98 Insulated Conductors 1 210 LF $25.00 $5,250.00 $25.00 $5,250.00 $16.50 $3,465.00 $23.50 $4935.00 A10 Install Insulated Conductors & Bare Cond. In Exist, 8 LF $3.00 $24.00 $207 $160.00 $70.00 $560.00 $30.00 $240.00 All Remove and Salvage Existing Service Box 1 EA $200.00 $200.00 $2,000.00 $2 000.00 $90.00 $90.00 $1,000.00 $1,000.00 Ail Install New Service Cabinet and Pull Box 1 EA $3,000.00 $3,000.00 $7,000.00 $7,000.00 $3,400.00 $3 400.00 $4,200.00 $4,200.00 A13 Replace Existing Service Cabinet 1 EA $4,000.00 $4,000.00 $7,000.00 $7,00000 $3,400.00 $3,40000 $3000.00 $3,000.00 A14 Modify Existing Service Cabinet 1 EA $600.00 $600.00 $2,000.00 $200000 $90.00 $90.00 $600.00 $600.00 $1 500.00 $1,500.00 $50.00 $50.00 EE $272,474.00 7TH $207,090.00 1 8TH $240,025.00 9TH $263,889.00 AS ciu BUFFALO HILLS PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE MOORE ELECTRIC J. KIM ELECTRIC TDS ENGINEERING ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT Al Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 $500.00 $500.00 $3,000.00 $3,000.00 $100.00 $100.00 A2 Mobilization/Demobilization and Cleanup t LS $200000 $2,000.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 A3 Traffic Control 1 LS $2 000.00 $2 000.00 $7 000.00 $1,000.00 $3,500.00 $3 500.00 $2,500.00 $2,500.00 A4 Install Bollard, Lumiinaire & new Conduit(Wirin 34 EA $2 500.00 $85,000.00 $2,600.00 $88,400.00 $1,500.00 $51,000.00 $3,250.00 $110,500.00 AS Replace Existing Street Light Standard 1 EA $4000.00 $4,000.00 $3500.00 $3,500.00 $2,500.00 $2,500.00 $4200.00 $4,200.00 A6 Install Concrete Pull Boxes 63 EA $350.00 $22,050.00 $150.00 $9,450.00 $1,020.00 $64,260.00 $400.00 $25,200.00 A7 Replace Existing Pull Box w /New #5 F Pull Box 1 EA $350.00 $350.00 $5110.00 $500.00 $1,600.00 $1,600.00 $500.00 $500.00 A8 Install Conduit and Insulated Conductors 6,500 LF $22.00 $143,000.00 $18.00 $117,000.00 $20.00 $130,000.00 $15.25 $99,125.00 A9 Install i 1!4" Conduit w/4-98 Insulated Conductors 210 LF $25.00 $5,250.00 $19.00 $3,990.00 $10.00 $2,100.00 $18.00 $3,780.00 A10 Install Insulated Conductors & Bare Cond. In Exist. 8 LF $3.00 $24.00 $5.00 $40.00 $20.00 $160.00 $4.00 $32.00 All Remove and Salvage Existing Service Box 1 EA $200.00 $200.00 $441.00 $441.00 $500.00 $500.00 $250.00 $250.00 Al2 Install New Service Cabinet and Pull Box 1 EA $3,000.00 $3,000.00 $3,000.00 $3,000.00 $2,500.00 $2,500.00 $4,500.00 $4.500.00 A13 Replace Existin Service Cabinet 1 EA $4,000.00 $4000.00 $3000.00 $3,000.00 $2,300.00 $2300.00 $4,800.00 $4800.00 A14 Modify Existing Service Cabinet 1 EA $600.00 $600.00 $500.00 $500.00 $1 500.00 $1,500.00 $50.00 $50.00 EE $272,474.00 10TH $236,321.00 1 11TH $279,920.00 12TH $265,537.00 AS CID AMOUNT Page 2 A - Buffalo Hills CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Buffalo Hills, Bonita Creek, and San Miguel Park Lighting Improvements CONTRACT NO.: C4964 ENGINEER'S ESTIMATE: $404,524.00 PROJECT MANAGER: Alfred Castanon BID LOCATION: City Clerk's Office - City Hall DATE: 24-Jan-08 TIME: 10:OOAM BY: AC CHECKED: DATE' 01/24/2008 BUFFALO HILLS PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE GIANNELLI ELECTRIC RAMILAN ELECTRIC AMERICAN ELECTRIC ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT Al Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $200.00 $200.00 A2 Mobilization/Demobilization and Cleanup 1 LS $2,000.00 $2,000.00 $8,661.00 $8,661.00 $2,500.00 $2,500.00 $2,000.00 $2,000.00 A3 Traffic Control 1 LS $2,000.00 $2,000.00 $6,600.00 $6,600.00 $6,000.00 $6,000.00 $300.00 $300.00 A4 Install Bollard, Lumiinaire & new Conduit/Wiring 34 EA $2,500.00 $85,000.00 $3,078.00 $104,652.00 $3,000.00 $102,000.00 $3,530.00 $120,020.00 AS Replace x1sting Street Light Standard 1 EA $4,000.00 $4,000.00 $4,650.00 $4,650.00 $4,500.00 $4,500.00 $4,200.00 $4,200.0 A6 Install Concrete Pull Boxes 63 EA $350.00 $22,050.00 $320.00 $20160.00 $350.00 $22,050.00 $388.00 $24,444.0 A7 Replace Existing Pull Box wlNew #5 F Pull Box 1 EA $350.00 $350.00 $1,281.00 $1,281.00 $400.00 $400.00 $700.00 $700.00 A8 Install Conduit and Insulated Conductors 6,500 LF $22.00 $143,000.00 $12.90 $83,850.00 $16.00 $104,000.00 $16.42 $106,730.00 A9 Install 1 114" Conduit w/4-08 Insulated Conductors 210 LF $25.00 $5,250.00 $23.90 $5,019.00 $23.81 $5,000.00 $19.00 $3,990.00 A10 Install Insulated Conductors 8 Bare Cond. In Exist. 8 LF $3.00 $24.00 $5.20 $41.60 $50.00 $400.00 $100.00 $800.00 All Remove and Salvage Existing Service Box 1 EA $200.00 $200.00 $935.00 $935.00 $300.00 $300.00 $350.00 $350.00 Al2 Install New Service Cabinet and Pull Box 1 EA $3,000.00 $3000.00 $5735.00 $5,735.00 $3,500.00 $3,500.00 $9,100.00 $9,100.00 A13 Replace Existing Service Cabinet 1 EA $4,000.00 $4000.00 $5,088.30 $6,088.30 $2,500.00 $2,500.00 $4,000.00 $4,000.00 A14 Modify Existing Service Cabinet 1 EA $600.00 $600.00 $425.00 $425.00 $800.00 $600.00 $290.00 $290.00 EE $272,474.00 13TH $248,097.90 14TH $254,450.00 15TH $277,124.00 AS BID AMOUNT $253,650.00 $276,424.00 Page 3 A - Buffalo Hills • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Buffalo Hills, Bonita Creek, and San Miguel Park Lighting Improvements BID LOCATION: City Clerk's Office -City Hall CONTRACT NO.: C3964 DATE: 24- Jan-08 TIME: 10:00AM ENGINEER'S ESTIMATE: $404,524.00 BY: AC CHECKED: DATE: 01/24/2008 PROJECT MANAGER: Alfred Castanon BONITA CREEK PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE MACADEE ELECTRIC STEINY & CO., INC. PRO -TECH ENGINEERING ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT B1 Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 $100.00 $100.00 $200.00 $200.00 $300.00 $300.00 B2 MobilizatiordDemobilization and Cleanup 1 LS $2,000.00 $2,000.00 $1,500.00 $1,500.00 $500.00 $500.00 $1,000.00 $1,000.00 B3 Traffic Control 1 LS $2,000.00 $2,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $1,000.00 $1,00 B4 Install New Type I Standard 12 EA $3,000.00 $36,000.00 $3,709.00 $44,508.00 $4,810.00 $57,720.00 $3,500.00 $42,00 B5 Replace Exist. Foundation w /font. Fumished Pe 12 EA $1,500.00 $18,000.00 $324.25 $3,891.00 $515.00 $6,180.00 $750.00 $9,000.00 B6 Install Insulated Conductors & Bare Cond. In Exist. 1,340 LF $4.00 $5,360.00 $3.35 $4,489.00 $4.00 $5,360.00 $5.00 $6,700.00 87 Mod if sin Service Cabinet 1 EA $600.00 $600.00 $145.00 $145.00 $1,400.00 $1,400.00 $100.00 $100.00 B8 Ins.111'1921'4! Conduit, Insulated Conductors 160 LF $25.00 $4 000.00 $20.00 $3200.00 $40.00 $6,400.00 $10.00 $1,600.00 $71450.00 EE 1 $68,960.00 LOW $58,833.00 2ND $78,260.00 3RD $61700.00 &AIPIR BONITA CREEK PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE POUK & STEINLE, INC. BIG BEN CONSTRUCTION OSA GROUP INC. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT B1 Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 $1,200.00 $1,200.00 $65.00 $65.00 $500.00 $500.00 B2 Mobilization /Demobilization and Cleanu 1 LS $2,000.00 $2000.00 $2,000.00 $2,000.00 $6,665.00 $6,665.00 $17000.00 $17,000.00 B3 Traffic Control 1 LS $2,000.00 $2000.00 $1200.00 $1200.00 $666.00 $666.00 $3000.00 $3,000.00 B4 Install New Type I Standard 12 EA $3,000.00 $36,000.00 $3,100.00 $37,200.00 $3,760.00 $45,120.00 $2,500.00 $30,000. B5 Replace Exist. Foundation wlCont. Furnished PB 12 EA $1,500.00 $18,000.00 $1,100.00 $13,200.00 $300.00 $3,600.00 $675.00 $8,100 86 Install Insulated Conductors & Bare Cand. In Exist. 1,340 LF $4.00 $5,360.00 $6.00 $8,040.00 $3.70 $4 958.00 $2.50 $3,350. B7 Modify Existing Service Cabinet 1 EA $600.00 $600.00 $2,000.00 $2,000.00 $466.OD $466.00 $1,500.00 $1 500.00 BS Install 1 114" Conduit, Insulated Conductors 160 LF $25.00 $4000.00 $40.00 $6,400.00 $69.00 $11,040.00 $50.00 $8,000.00 $71450.00 EE $68,960.001 4TH 1 $71,240.00 5TH $72,580.00 6TH 'o uw nmvu,v i Page 1 B - Bonita Creek CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Buffalo Hills, Bonita Creek, and San Miguel Park Lighting Improvements CONTRACT NO.: C3964 ENGINEER'S ESTIMATE: $404,524.00 PROJECT MANAGER: Alfred Castanon BID LOCATION: City Clerk's Office -City Halt DATE: 24 -Jan -08 TIME: 10:00 AM BY: AC CHECKED: DATE: 01/24/2008 BONITA CREEK PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE GREEN GIANT LANDSCAPE TOPLINE CONSTRUCTION PTM GENERAL ENGR ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT B1 Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 $2,000.00 $2,000.00 $200.00 $200.00 $1,000.00 $1,000.00 B2 Mobilization /Demobilization and Cleanup 1 LS $2,000.00 $2,000.00 $5 000.00 $5,000.00 $3,550.00 $3,550.00 $2,000.00 $2,000 B3 Traffic Control 1 LS $2,000.00 $2,000.00 $1,000.00 $1,000.00 $3,550.00 $3,550.00 $2,500.00 $2,50 B4 Install New pe l Standard 12 EA $3,000.00 $36000.00 $3209.00 $38508.00 $4000.00 $48000.00 $3,300.00 $39,600. 85 Replace Exist. Foundation w /font. Furnished PB 12 EA $1,500.00 $18,000.00 $1,000.00 $12,000.00 $550.00 $6,600.00 $900.00 $10,800.00 56 Install Insulated Conductors & Bare Cond. in Exist. 1,340 LF $4.00 $5,360.00 $10.00. $13,400.00 $3.50 $4,690.001 $4.00 $5,360,00 97 Modif Existin Service Cabinet 1 EA $600.00 $600.00 $2,000.00 $2,000.00 $90.00 $90.00 $600.00 $600.00 B8 Install 1 114" Conduit, Insulated Conductors 160 LF $25.00 $4,000.00 $25.00 $4,000.00 $63.00 $10 080.00 $26.00 $4160.00 EE $68,960.00 1 7TH 1 $77,908.00 8TH 1 $76,760.00 9TH 1 $66,020.00 AS BID AMOUNT BONITA CREEK PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE MOORE ELECTRIC J. KIM ELECTRIC TDS ENGINEERING ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT B1 Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 $500.00 $500.00 $500.00 $500.00 $100.00 $100.00 82 Mobilization /Demobilization and Cleanup 1 LS $2,000.00 $2,000.00 $1,000.00 $1,000.00 $5,000.00 $5,000.00 $4,000.00 $4,000.00 B3 Traffic Control 1 LS $2,000.00 $2,000.00 $500.00 $500.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 B4 Install New T pe I Standard 12 EA $3,000.00 $36,000.00 $4,500.00 $54,000.00 $400000 $48,000.00 $5,250.00 $63,00 B5 Replace Exist. Foundation w/Cont. Furnished PB 12 EA $1,500.00 $18,000.00 $1,200.00 $14,400.00 $1,000.00 $12000.00 $1,000.00 $12,00 B6 Install Insulated Conductors & Bare Cond. In Exist. 1,340 LF $4.00 $5,360.00 $5.00 $6,700.00 $10.00 $13,400.00 $5.00 $6,700.001 87 Modif Existin Service Cabinet 1 EA $600.00 $600A0 $500.00 $500.00 $1,500.00 $1,500.00 $50.00 $50.00 BS Install 1 1/4" Conduit, Insulated Conductors 160 LF $25.00 $4,000.00 $100.00 $16 000.00 $10.00 $1,600.00 $18.00 $2,880.00 EE $68,960.00 10TH $93,600.00 11TH $84000.00 12TH $90,730.00 AS BID AMOUNT Page 2 B - Bonita Creek CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Buffalo Hills, Bonita Creek, and San Miguel Park Lighting Improvements BID LOCATION: City Clerk's Office - City Hall CONTRACT NO.: C3964 DATE: 24-Jan-08 TIME: ENGINEER'S ESTIMATE: $404,524.00 BY: AC CHECKED: PROJECT MANAGER: Alfred Castanon 10:00 AM DATE: 01/24/2008 BONITA CREEK PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE GIANNELLI ELECTRIC RAMILAN ELECTRIC AMERICAN ELECTRIC ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT B1 Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $300.00 $300.00 B2 Mobilization/Demobilization and Cleanup 1 LS $2,000.00 $2,000.00 $3,496.00 $3,496.00 $2,500.00 $2,500.00 $500.00 $500.00 B3 Traffic Control 1 LS $2,000.00 $2,000.00 $6,400.00 $6,400.00 $6,000.00 $6,000.00 $500.00 $50 B4 Install New Type I Standard 12 EA $3,000.00 $36,000.00 $4,159.00 $49,90&00 $5,000.00 $60,000.00 $4,750.00 $57,0 S5 Replace Exist. Foundation wlfont.FumishedPB 12 EA $1,500.00 $18,000.00 $1,175.00 $14100.00 $1,300.00 $15,600.00 $670.00 $8,040.00 B6 Install Insulated Conductors & Bare Cond. In Exist. 1,340 LF $4.00 $5,360.00 $3.60 $4,824.00 $5.50 $7,370.00 $9.16 $12 274.40 B7 Modi Existin Service Cabinet 1 EA $600.00 $600.00 $425.00 $425.00 $800.00 $800.00 $290.00 $290.00 B8 Install 1 114" Conduit, Insulated Conductors 160 LF $25.00 $4,000.00 $162.10 $25,936.00 $25.00 $4,000.00 $67.00 $10,720.00 EE $68960.00 13TH $106,089.00 14TH $96770.00 15TH $89624.40 AS BID AMOUNT Page 3 B - Bonita Creek 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Buffalo Hills, Bonita Creek, and San Miguel Park Lighting Improvements CONTRACT NO.: C-3964 ENGINEER'S ESTIMATE: $404,524.00 PROJECT MANAGER: Alfred Castanon BID LOCATION: City Clerk's Office - City Hall DATE: 24-Jan-08 TIME: 10:OOAM BY: AC CHECKED: DATE: 01124/2008 SAN MIGUEL PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE MACADEE ELECTRIC STEINY & CO., INC. PRO -TECH ENGINEERING ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT Cl Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 $100.00 $100.00 $200.00 $200.00 $300.00 $300.00 C2 Mobilization /Demobilizationand Cleanup 1 LS $2,000.00 $2,000.00 $1,500.00 $1,500.00 $500.00 $500.00 $1,000.00 $1,000 C3 Traffic Control 1 LS $2,000.00 $2,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $1,000.00 $1,0 C4 Install New Ballard, Luminaire & Balast 13 EA $2,500.00 $32,500.00 $2,093.00 $27,209.00 $2,600.00 $33,800.00 $2,500.00 $32,500. C5 Replace Exist. Foundation w /Cont. Furnished PB 13 EA $1,500.00 $19,500.00 $325.00 $4,225.00 $590.00 $7,670.00 $750.00 $9,750.00 C6 Install Insulated Conductors & Bare Cond. In Exist, 430 LF $3.00 $1,290.00 $2.70 $1,161.00 1 $5.00 $2150.00 $5.50 $2,365.00 C7 Modif Existin Service Cabinet 1 EA $600.00 $600.00 $97.00 $97.00 $1,130.00 $1,130.00 $100.00 $100.00 C8 Install Insulated Conductors & Bare Cond. In Exist. 1,050 LF $4.00 $4,200.00 $4.40 $4,620.00 $5.00 $5,250.00 $5.50 $5,775.00 EE $63,090.00 1 LOW 1 $39,912.00 1 2ND $51,200.00 3RD 1 $52790.00 AS BID AMOUNT SAN MIGUEL PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE POUK & STEINLE, INC. BIG BEN CONSTRUCTION OSA GROUP INC. ITEM DESCRIPTION QUANTITY UNIT AMOUNT AMOUNT UNIT AMOUNT UNIT AMOUNT C1 Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 0 $1,200.00 $65.00 $65.00 $500.00 $500.00 C2 Mobilization /Demobilization and Cleanup 1 LS $2,000.00 $2,000.00 0 $2,000.00 $7,250.00 $7 250.00 $22 00000 $22 00000 C3 Traffic Control 1 LS $2,000.00 $2,000.00 0 $1,000.00 $666.00 $666.00 $3,000.00 $3,000.00 C4 Install New Bollard, Luminaire & Balast 13 EA $2,500.00 $32,500.00 F$2,000.00 00 $23,400.00 $3,13500 $40,755.00 $1,900.00 $24,7005 Replace Exist. Foundation w/Cont. Furnished PB 13 EA $1,500.00 $19,500.00 00 $15,600.00 $300.00 $3 900.00 $675.00 $877 C6 Install Insulated Conductors& Bare Cord. In Exist. 430 LF $3.00 $1,290.00 00 $8,600.00 $4.00 $1,720.00 $2.50 $1,075,0 C7 Modif Existin ServiceCabinat 1 EA $600.00 $600.00 00 $2000.00 $600.00 $600.00 $1500.00 $1,500.00 CS Install Insulated Conductors &Bare Cond.In Exist. 1,050 LF $4.00 $4,2017.00 00 $6,300.00 $4.00 $4,200.00 $2.50 $2',625.00 EE $63090.00 4TH $6D 100.00 1 5TH 1 $59,156.00 6TH $64,175.00 AS BID AMOUNT Page 1 C - San Miguel CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Buffalo Hills, Bonita Creek, and San Miguel Park Lighting Improvements CONTRACT NO.: 03084 ENGINEER'S ESTIMATE: $404,824.00 PROJECT MANAGER: Alfred Castanon BID LOCATION: City Clerk's Office - City Hall DATE: 24-Jan-08 TIME: 10:OOAM BY: AC CHECKED: DATE: 0124/2008 SAN MIGUEL PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE GREEN GIANT LANDSCAPE TOPLINE CONSTRUCTION PTM GENERAL ENGR ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT T C1 Final Redline As -Built Plans 1 LS $1,000.00 $1000.00 $1,000.00 $1,000.00 $200.00 $200.00 $600.00 .00 C2 Mobilization /Demobilization and Cleanup 1 LS $2,000.00 $2,000.00 $2,000.00 $2,000.00 $3,550.00 $3,550.00 $1,600.00 0.00 C3 Traffic Control 1 LS $2,000.00 $2,000.00 $1,000.00 $1,000.00 $300.00 $300.00 $1,500.00 C4 Install New Bollard, Luminaire & Balast 13 EA $2,500.00 $32 500.00 $3 000.00 $39 000.00 $3,900.00 $50,700.00 $2,500.00 . C5 Replace Exist. Foundationw /Cord. Furnished P6 13 EA $1,500.00 $19500.00 $800.00 $10,400.00 $500.00 $6,500.00 $900.00 JAN .00 C6 Install Insulated Conductors & Bare Cond. In Exist. 430 LF $3.00 $1,290.00 $10.00 $4,300.00 $3.00 $1,290.00 $5.00 .00 C7 Modi Existin Service Cabinet 1 EA $600.00 $600.00 $1,000.00 $1,000.00 $90.00 $90.00 $600.00 .00 ji C8 Install Insulated Conductors & Bare Cond. In Exist. 1,050 LF $4.00 $4,200.00 $10.00 $10,500.00 $5.28 $5,544.00 $5.00 .00 10TH $63,200.00 11TH $52,430.00 12TH $62,770.00 $63090.00 7TH $69,200.00 8TH $68,174.00 9TH 0 AS BID AMOUNT SAN MIGUEL PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE MOORE ELECTRIC J. KIM ELECTRIC TDS EN%$10,400 ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT C1 Final Redline AsBuilt Plans 1 LS $1,000.00 $1,000.00 $500.00 $500.00 $500.00 $500.00 $100.00 C2 Mobilization/Demobilization and Cleanu i LS $2000.00 $2,000.00 $1000.00 $1000.00 $5000.00 $5,000.00 $2000.00 C3 Traffic Control 1 LS $2000.00 $2,000.00 $500:00 $500.00 $2,000.00 $2,000.00 $1,000.00 C4 Install New Bollard, Luminaire & Balast 13 EA $2,500.00 $32,500.00 $2,600.00 $33,800.00 $1,500.00 $19,500.00 $3,250.00 CS C6 Replace Exist. Foundation w/Cont. Furnished PB Install Insulated Conductors & Bare Cond. In Exist. 13 430 EA LF $1,500.00 $3.00 $19500.00 $1,290.00 $1,500.00 $5.00 $19500.00 $2,150.00 $1,000.00 $1.00 $13000.00 $430.00 $800.00 $4.00 $1,720. 27 ModH Existin Service Cabinet 1 EA $600.00 $600.00 $500.00 $500.00 $1,500.00 $1,500.00 $50.00 $50.00 C8 Install Insulated Conductors &Bare Cond. In Exist. 1,050 LF $4.00 $4 200.00 $5.OD $5250.00 $10.00 $10 500.00 $5.00 $5,250.00 EE $63,090.00 10TH $63,200.00 11TH $52,430.00 12TH $62,770.00 AS tim AMUUN Page 2 C - San Miguel CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Buffalo Hills, Bonita Creek, and San Miguel Park Lighting Improvements CONTRACT NO.: C3964 ENGINEER'S ESTIMATE: $404,524.00 BY: PROJECT MANAGER: Alfred Castanon BID LOCATION: City Clerk's Office - City Hall DATE: 24Jen -08 TIME: 10:OOAM AC CHECKED: DATE: 01/2412008 SAN MIGUEL PARK LIGHTING IMPROVEMENTS ENGINEER'S ESTIMATE GIANNELLI ELECTRIC RAMILAN ELECTRIC AMERICAN ELECTRIC ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT C1 Final Redline As -Built Plans 1 LS $1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $300.00 $300.00 C2 Mobilization /Demobilization and Cleanup 1 LS $2,000.00 $2,000.00 $2,276.00 $2,276.00 $2,500.00 $2,500.00 $100.00 $100 C3 Traffic Control 1 LS $2,000.00 $2,000.00 $2,400.00 $2,400.00 $6,000.00 $6,000.00 $500.00 $50 C4 Install New Bollard, Luminaire & Balast 13 EA $2,500.00 $32,500.00 $3,078.00 $40,014.00 $3,000.00 $39,000.00 $3,530.00 $45,89 C5 Replace Exist. Foundation w /font. Furnished PB 13 EA $1,500.00 $19,500.00 $1,075.00 $13,975.00 $1,300.00 $16,900.00 $670.00 $8,710.00 C6 Install Insulated Conductors & Bare Cond. In Exist. 430 LF $3.00 $1,290.00 $3.10 $1,333.00 $5.50 $2,365.00 $8.25 $3,547.50 C7 ModH Existin Service Cabinet 1 EA $600.00 $600.00 $425.00 $425.00 $800.00 $800.00 $300.00 $300.00 C8 Install Insulated Conductors & Bare Cond. In Exist. 1,050 LF $4.00 $4,200.00 $5.03 $5 281.50 $6.25 $6,562.50 $8.131 $8,536.50 EE $63,090.00 1 13TH 1 $66,704.50 1 14TH $74627.50 15TH $67,684.00 AS BID AMOUNT Page 3 C - San Miguel Ll 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown. MMC September 23, 2009 MacAdee Electrical Construction, Inc. 4755 Lanier Road Chino, CA 91710 Subject: Buffalo Hills, Bonita Creek & San Miguel Park Lighting Improvement (C -3%4). To Whom It May Concern: On September 23, 2008, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on November 13, 2008. The Surety for the contract is Great American Insurance Company, and the bond number is CA4877574. Enclosed is the Faithful Performance Bond. Leifani 1. Brown, MMC City Clerk Enclosure CtC2K 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 LXECUTED IN FOUR COUS. ARTS • PREMAI,^M IS FOR CONTRACT TERM AND 15 SUBJECT TO ADJUSTMENT CITY OF NEWPORT BEACH BASED ON FINAL CONTRACT PRICE PUBLIC WORKS DEPARTMENT BUFFALO HILLS. BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 BOND NO.CA4877574 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,460.00 being al the rate of $ 7.60 PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to MACADEE ELECTRICAL CONSTRUCTION, INC., hereinafter designated as the "Principal ", a contract for construction of BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS, Contract No. 3964 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. 3964 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and GREAT AMERICAN INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED TWENTY -THREE THOUSAND, SIX HUNDRED NINETY -TWO AND 00/100 DOLLARS lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. P 0 0 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 lime. 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 30TH day of JANUARY 2008. C Macadee Electrical Construcion, In (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 THE CITY DRIVE 50. 0300 ORANGE, CA 92868 Address of Surety (714) 740 -2400 Telephone SrGr(lti &, C -'V\, Agent Signature SUSAN C. MONTEON, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED FAUsers%P8MShared1ContractsTY 07- OMuNalo Hills. Borwta Creek, and San Miguel Park Lightkw3 Improvements C- 3964\-CONTRACT C- 3964,doc 29 CALIFORNIA ALL - PURPOSE ACKj``+VLEDGEMENT State of California SS. County of San Bernardino On January 30, 2008 before me. Pamela McCarthy Notary Public Name ano Title of OfficM le g "Jane Doe. Notary Public) personally appeared Susan C Monteon Name(s) of Signers) 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 Nam O Individual O Corporate Officer Title O Partner -- 0 Limited _1 General 0 Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages. Top of thumb here who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person PAMELA MCCARTHY acted, executed the instrument COMM. # 1659202 NOTARY PUBuC — CALIFORNU; I certify under PENALTY OF PERJURY under the laws of SAN BERNAROINO COUNTY My Comm. the State of California that the foregoing paragraph is Ezprres Apnl 30, 2070 true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document' Document Date: Signer(s) Other Than Named Above' Capacity(ies) Claimed by Signer(s) Signer's Nam O Individual O Corporate Officer Title O Partner -- 0 Limited _1 General 0 Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages. Top of thumb here 0 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET' CINCINNATI, OHIO 45202' 513- 369 -5000 a FAX 513- 723 -2740 The number of persons authorized by this power of auomcy is not more than FOUR No.0 14386 POR'ER OF ATTORNEY KNOW ALL MEN BY THESE. PRESENTS Thal the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by venue of die laws of the State of Ohro, does hereby nominse, constitute and appoint the person or persons named below its true wild lawful anomey ran -fact, for it and in its name, place and steal to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided fiat the liability of the sad Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the lint stated below Name Address Limit of power JAY P. FREEMAN ALI.OF ALL JANET L. MILLER ONTARIO, $75,000,000.00 PAMELA MCCARTHY CALIFORNIA SUSAN C. MONTI:ON This Power of Anomey revokes all previous powers issued in behalf of the anomey(sym -fan named above IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE. COMPANY has caused thew prewnts to be signed and attested by its approproic officers and its corporate seal hereunto affixed this 21' day of. DECEMBER . 2006. Attest STATE OF 0100, COUNTY OF HAMILTON - ss. GREAT AMERICAN INSURANCE COMPANY DAVIOC KITCMm (513.359-3011) On this 21' day of DECEMBER , 2006, before me personally appeared DAVID C. KITCHEN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great Amenen Insurance Company, the Company descried in and which executed the above tramment that he knows the seal of the said Company; that the seal affixed lathe said instrument is such corporate seal, that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is grmtedby authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated Much I, 1993. RESOLVED. 7ha de Dnsrton President, the several Division Vin Presidents and Assutant Vice Presidents. or any a e, of diem be and hereby u arahoriud, from time to lame, to appoint one or more Attorneys -ran -fact to execute on behalf of the CompanOt as surety, any andalt bads. undertakings and contracts of suretyship, or other written obligations in the =to" thereof to prescribe their respective duties and the respective limits of their authaay. and to revoke any such appoaawna at any time RESOLVED FURTHER. That the Company, seal and the signature of any of the aforesaid officers and airy Secretary or Assonant Secretary of the Company may be affixed byfecsnnde to any power of attorney or certhcate of either green for the eseculaon of airy bond, undertaking. contract or si reryship, or other written obligation in the nanre thereof, such signanae and seat when so Rued being hereby adopted by the Company as the original signature of such oBcer and the original seal of the Company to be valid and binding upon the Company with the same force and effect as though martially affued CERTIFICATION 1, RONALD C. HA YES, Assistant Secretary of Great American Insurance Compmy, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of Much 1, 1993 have not been revoked and are now in full fora and effect. Signed and sealed this 30TH ay.of, JANUARY 1 2.008 51029T (1 tint) 10 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of On o — 4 D e". before personally appeared CAaaF J. LOVE Commission tit 1510787 -i - Notary Public • Colilomia Son Bernardino County ' bN Comm. Expires Aug J0, 2008 PI" I Sew Move Nwws) of S-prns! NOS 'Jww Des. N q Pubhc') d personally known to me U 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. W= and fficial seal. S red Noun PWk OPTIONAL Hough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remiI and reattachment of this form to another document. /'% Description of Attached Document Tille or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I.. Individual I Corporate Officer — Tifle(s): L: Partner — I. I Limited Cl General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUN. BPRINT Cr s G+ER 0 Number of Pages: Signer's Name: Individual Corporate Officer — Title(s): Partner —: I Limited i i General . Attorney in Fad L-1 Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: RIGHT THUr.IBPRINT or v, E, 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK IaVonne M. Harkless. MMC November 13, 2008 MacAdee Electrical Construction, Inc. 4755 Lanier Road Chino, CA 91710 Subject: Buffalo Hills, Bonita Creek & San Miguel Park Lighting Improvements (C- 3964) To Whom It May Concern: On September 23, 2008, 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 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the September 30, 2008, Reference No. 2008000455634. Great American Insurance Company and the Enclosed is the Labor & Materials Payment Bond. Sine r ✓ LaVonne M. Zrkless, MMC City Clerk encl. Orange County Recorder on The Surety for the contract is bond number is CA4877574. 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 EXECUTED�IN FOUR COUNTAS • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS CONTRACT NO. 3964 BOND NO. CA4177174 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to MACADEE ELECTRICAL CONSTRUCTION, INC., hereinafter designated as the "Principal," a contract for construction of BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING IMPROVEMENTS, Contract No. 3964 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. 3964 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, GREAT AMERICAN INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED TWENTY - THREE THOUSAND, SIX HUNDRED NINETY -TWO AND 00/100 DOLLARS lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. W, 0 0 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 Slate of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 301'H day of JANUARY , 2008. C 2-i acadee Electrical Construction, I . (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 THE CITY DRIVE SO. §300 ORANGE, CA 92868 Address of Surety (714) 7402400 Telephone Au o5nzed Signat euF /Title ✓ Authorized Agent Signature SUSAN C. MONTEON, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL- PURPOSE ACKN_:VLEDGEMENT State of California lti, County of San Bernardino On January 30, 2008 before me, Pamela McCarthy Notary Public Name and Tine of 00rcer (e g .'Jane Doe. Notary Public I personally appeared Susan C. Monleon Name(s) of Signer(s) WITNESS my hand and official seal. Signature of Notary Pudic OPTIONAL Though the information below is not required by law. A 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. Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer O Partner — O Limited O General ® Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity , _ PAMELA MCCARTHY and that by her signature on the instrument the i # 1659202 person, or the entity upon behalf of which the person i NoTARY rAfty acted, executed the instrument. SAN �r:NARnwoc MY Comm. Exp res Apra 30, 2070 0 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Pudic OPTIONAL Though the information below is not required by law. A 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. Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer O Partner — O Limited O General ® Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: 0 0 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET a CINCINNATI, OHIO 45202 • 513- 369 -5000 a FAX 513- 723.2740 The number of persons authorimil by this pinsser of aflame) is not more that FOUR No.0 14386 POWER OF ATTORNEY KNOW At.[. MEN BV THESE PRESENTS Tha the GREAT AMERICAN INSURANCE COMPANY, a corporation orgmend and existing under and by virtue of Inc laws of the Slate of Oluo, does hereby nominate. constitute and appoint the person or persons named below its true ad lawful anorneyin•fact. for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided drat the liability of the sad Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the lint stated below Namc Address limit of Power JAY P. FREEMAN ALL OF ALL JANET L. MILLER ONTARIO, 575,000,000.00 PAMELA MCCARTHY CALIFORNIA SUSAN C. MONTEON This Power of Attorney revokes all previous powers issued in behalf of the attorney(s),in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 21' day of . DECEMBER , 2006 Attest STATE OF OHIO. COUNTY OF HAMILTON - ss. (TREAT AMERICAN INSURANCE COMPANY DAVIDC 107CHm (513J69.311t) On this 21' day of DECEMBER , 2006, before me personally appeared DAVID C. KITCHM, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is he Ihvumrud Senior Vice President of the Bond Division of Great American Insurance: Company, the Company described in and which executed the above instrument, that he knows the seal of the sad Company, that the seal affixed to the sad instrument is such corporate seal, that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto b) like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: Vat the Drvaice, Prestdeiu, the sewral Divaim Vice Presidents and Assistant Vice Presidents, or any one of them. be and hereby a authorised from tine to tune, to appoint one or more Aaorneys -m -Fact to ececiae on behalf of the Company as surety, any and all bowls, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof to prescribe their respectwe dwtes and the respectrwe linos of rhea authority. and to revoke arty such appontmen at any new RE,SOLFED FUR771F.R. 77ws the Company seal and the signature of any of the aforesad officers and airy Secretary or Assistant Secretary of the Company may be gBived by facsonde to any power of alsomey or certificate of either given for the e"maon of any bond rn alertakmg, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Connpany to be sold and binding upon the Company with the same force and effect as though marwally affixed CERTIFICATION I, RONALD C. RA YES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of Much I. 1993 have not been revoked and are now in hill force and effect. Signed and sealed this 30TH da) of 5 10297 (11001) JANUARY 2008 0 `J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT IcGY'6.�ti"dY6S.LY�':ec:... ._:` eC. nari�r�v:. rTev.- re- r<` i- G£ 6 .SS£SS.[:�.CrS`£4Y.ClC.f6(rra^. C.eC -CC ^�ys.:; State of Califo County of I ss. ) On 'G 'o before m �-+� �- C Dale . iM OI ((eq.- Doe Notary Pedu;' personally appeared NwTell) d Spew l) CAROLE J. LOVE Ca Isslon t 1510787 SMY Notary Public - California San Bernardino County Cantu. Expires Aug 30, 2008 Xpersonally known to me U 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. WITN my hand an�icial ata R NPlary Seal Alyfve t_ Sgro Notary PUW 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 Zan to another document. Description of Attached Document I ` 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 F Corporate Officer — Title(s): I_ Partner — L! Limned , I General Attorney in Fad I Trustee I Guardian or Conservator I Other: Signer Is Representing: RIGHT THUI.IRPRWT OF SIGNER 01 Signer's Name: Individual Corporate Officer — Tiue(s): I Partner — _. Limited General I Attorney in Fact Trustee I Guardian or Conservator I Other: Signer Is Representing: FIGT TIIUIN,BPRNT OF SIR �z- t2�z���z �ezzcz�za 0200, Nao l Nabry Aseeoa - 9318 Do Smo Ave, PO Boa 2� - Cewtar . CA 9131124W 1N W SW7 RelxOar Car TW-Frea 14M 876E 7