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C-4090 - Corona del Mar Streetlight Improvements
10 0 1 a t *A ge), Iso"Vo 10-3AW,IF� OFFICE OF THE CITY CLERK Leilani I. Brown, MMC January 25, 2011 Mr. John McCarthy Macadee Electrical Construction, Inc. 4755 Lanier Road Chino, CA 91710 Subject: Corona del Mar Streetlight Improvement Project (C -4090) Dear Mr. McCarthy: On January 26, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 2, 2010. Reference No. 2010000052172. The Surety for the contract is Great American Insurance Company and the bond number is CA1572925. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us I Pr`einium is for contract term and is subject to Fxecuted in Four Counterparts adjustment based on final contract price CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT t NT RACT NQ, 4090 BOND No CA1572925 FAITHFUL. PERFORMANCE BOND it3ca };r: r£3i r3 am ;r , 7 {t3°sic S $ ------------ 125900 , «..... t'i£ ^M : ➢? 0V' f#te 01' $ 7- 60 peY ........... ..........:............:....... ..................... Omlrnell pI3t`t^... . 'v`. {HER'AS tiv G:ity i.o;.#nd rA £s.., City pl Nek'' >od &:ad'i' SWi ::I Q4{ }sti:kq' €.V f11:a6ah �In <ttto«i snvwv:?i<•d to Nlarndoo EleddrAill Consintef£ean, herpatt; -rfic' &nt V roved as tl }w T: Flcita<M , <a ozr:trac; t i cr# tr riirt1 f CORONA DELMAR TR'tEE.TUGHT 01APROVEMENT PROJECT, Contract Ida. 4090 frt the City £3£` N tvpgfi tl each, if 5t3 }t t wf }t : }£'£ }ity : >fiih the . pAam th- plub }i `v*:3 «I ks tho Cjiy r?f - P1+mpt'3it:F9&R<' d), A d; 7 wn3ch by t. ? <i- fiVFsl"f?Y ca' i,?!`ii iiwf^''Ef k S f'r}r }f 1p i hwa zz t i ixYr: r #' # : a:.e, .tr< i xR t^?; W Cor&apl No, 400.0 and. tl'iu lori,C ?�'IfV §,S7f rE}quifE? °,t9 €' "ti£i 'aR3s ?kcj (<`f e} 8R,£. "3d for tt}F.} fiaM 3tfal f3tsdif)frt „�? >i,.,, of thfi tw.f}}ftf £'i. NO 1. ='f €i rtt';'L ?t:1 , °G, 4j?e: fl _Great American Insurance Com�£an M au iho1 £7'z>.. j.'s s?:,C .,.,az i }":,f (cs:,v .,LF:ldv.} the li$',.> .`,'f t:ld, ,ejt .> -,`I lifM1 #f ,ii£�i„}nd umo Y:?F.,'. Cher Of ? -icivv #flirt I.xx i” }., E #£ th, 1,4£ M ?-,i, 06a Hundred Sixty-Five ive ITiiou-,awi 1, Sk Ht+rtcErad 51 tyj Nlnee.[ od 00,1160 Dollar (WS,6 tltt) i.}axit 1I !7 ar't° f tit }fNE _, I : k t,.Ft£ 9 of ArimS« x#. <, riCi 3 .3t:E.'.' 'of lii£i ::°: tt }R <.t£^.r! 3fi' s.. +.£fit. r3f '41 #e f,.'. ; Mr.:7£ £, t,-.1 Ni i. id tn, ti' {,sty of f "O £.,'.`rt"t. Br r:£ :.... i .L•;f,.i,.i�. £`a :. ki <`i4i s3':�7£:f #:,5, 1£N ,ih yi} t1as ??' <, }it ;j's fd'.1 7'. vu ;'y rs :.. ti{ €,t i1.?? ix : ,stG.•r..::. {.ii'`:£ <F7,::}' , r i.:.,xnei x #,t., f31' iS.i : ;,:i.. :� i.i .;t.�£.f ',?2 �� ;, «;r£3..•v slfit. ,3 #•., f.,sY. {.¢ ?:.:'), ..R ..,,.. z'f t£ iiG:fi3} >s3.ii <s a'"�i�Y.t. x3?34. C,� c£ti i5, :,, :,.i?S,. i, 1Si,r }<.ifrj.>, .S�;t,: ..« fi,♦.: r}.!(? }t 3�rf, �ti {G .f il:f; w. 3i }; €C+.r:t Dar.:£.£Si 't ifi£313` <i7it":#"r }iiF #" fYi,id x"; U?:`i }"}(.vr'ii.j;>; @'t on 3:y R33fi• to £:?r;- kept jli ri #" i r3T the tt ni; "lnd;n, tN3 : "ft <Srtf*r tfef£mE n ano 3 3 11:: bn£'r }, ;dn4 zt f „A"� iii £3cati"di ii 7 #1�, %i�tiaYi„ ti ?}£t 6 ?:3-r,,. +1i Nfsiikt`1E7rt Bf,.'z}€ l' }E4 l.? ?,.':7.. tRT4irtt`:>joK n`”. >;:r I 9p,Y£5.. •m tt3£:?.l6n Fv-- ,Apif.d tiff, Stj oika ery, }; ii3j}'s3.it�� i7£ *Si. F- 4136.' ,M s }#, s3£n.ourgt 1311: Fn!?.:.3 , vl, t p i,f"?, fi':4E`t #fii?`i .•3j. i E3> t�S£iriS:i; i3tt£F t.ti,'iyl3 f'EE s ,s?';t�t; >Rt'f,Fri 1 hl t 'a pao x. r.tho ?t1t£pbon �wf: mxl t3r;§t'r3 .F' and, ?3? ai dit7EF3t -to the face a ii4owl 'k isd if Par'ldn }anci e Send. - tt3£,m 'g1,W1 be £t ;l ? #,Wl+ S: <:lAs ` :ti d ?'{ S,! °, £3£4cS�7��" ''.n.7� E+ "E u <^..ied fegm"., 3t 1t .ifi:'d i 3 tiLr Utsi. dri''i in the, event ` %, City f i"6 k) Lrai�;i z9t3 <iciiur4 i €k :��sr� �£'c+t�� itu #�.�n:;y' �ifftt:g t'f,.�s(itu�£z� tt Fs C4tit�}�tit its #�i €tii:i3Sjriti. „iit£arations of sif {E7£iiv a �0 : f.; Nar"f% the 0�11fciot of 10 }t'... w.$* 01v,, ,.£?;i orb": od (1'#%r under 4o ip t.•"Ef: a!��tsf',f£S'.;it3(,li. .Cj^. =;iY i3�d 3pe3EE: 1'11< i'f'nE f,.hWt M On %; °S6y 2it(P,1 } F�t> >.rtxts �} tt;i?3)h. ofi this Bond, it don her{ t: ;J E "f SrLt.:. !?£7tiiL, of any a'.011 i:�1z"t#iit ex ee` %ire:i.�;i °'t3F�"iEs: 9t !(•if:iti(iY3,w'i.tii Ci£1dti- '-)ns of }ha Conifac'4 ;.if to the w .wk 3 i t ?'tt'w spedti3'•alio£?a. T Ne. } -;,3ft 4t£it f +: ";r #fire > „ti +'r fa£5; 9£F +a 1O be &'Ix :}r};^3ed and miiif'ttS# €iie by rlhp,`eF^e d I!'# : .Al fvjrc>''e r" t t Cy1:t;.tf,) F,1f31? -t- t ;;i' Q:ittf3win tt'.'3 'date of formw ealeptance of the Pro ws,::t'b ' i' cl i} t.E ;, "d4 "'i'tt ';i3s1.t. 3.$ }t. �'3I >i:3�iAt f;?!a "ii:i3ii? � �3 #3.4 tJiI.F`3tt'F.3< t:1t1 t isi �}ti2�ci$; I f,r = fE�£fi:Lft tE<'1° It3i; Ct4ifi, 3'1 0 any 37,.,(;.ii pt £+iefPM sh 3tt noks,.Cx?31ewate the .SFwel .. "%ft;^3. its t,33<3}`}3:.i: tt`.i 1NiTt'itE x`nS tF4''t`Sit R.E.GF: tfi34 nMrili7't£?r3 Nas ti$1 m duly gapz;i,3 ed by the Prnc" t3, and .riYi 4Yi %# 28 {h.... ,3. i ' „_'Tub ..,.._................ ,..._.....t„t�,. M�C�sii �tPC>Ill.e�t �OJ75t€UCt10YT �t='7Axu<t,<,Jsi <F. {3 :tt:Si�y3`,..iz,i £???`i::M, '---V--,- Great American Insurance Company 750 The City Drive South #300 Orange, CA 92868 ........... (714) 740 -2400 ��.� fs }:i ":,Y'££'+St3{ kfi1£7it1 °"i #'.y£triti.rt'° Pamela McCarthy, Attorney -in -Fact ........................... }Irish N kF , i.. -x:wd' Mite NOIARY ACKNOtrtLEDGMENTS cat~ CONTRACTORAticiSURETYMUST BL CALIFORNIA ALL - PURPOSE ACKN AEDGEMENT State of California /) SS. County of San Bernardino On July 28, 2009 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy CYNTHIAJ. YOUNG COMM. # 1806614 E `�- NOTARY PUBLIC - CALIFORNIA Z 0.. SAN BERNARDINO COUNTY Comm. Expires July 15, 2012 Name(s) of Signer(s) 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. gnatur f otary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document. Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Top of thumb here ACKNOWLEDGMENT ................................................. ............................... State of California County of ca„ R 1 ss. On July 2g, 2ppg before me, p 7nhnson Notary Public, personally appeared uo.,ia NGCa� proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A R - - - ° A.JONN$0N Commission # 1811232 -m Notary Public - California $� San Bernardino County M Comm. Ea ires Au 26, 2812 (seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I OPTIONAL INFORMATION Date of Document Type or Title of Document ' Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other) 35 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. GREAT AMERICAN INSURANCE COMPANY(g) Administrative Office: 580 WALNUT STREET * CINCINNATI, OHIO 45202 • 513 - 369 -5000 0 FAX 513- 723 -2740 The number ofpersons authorized by this power of attorney is not more than FOUR No. 014463 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, each individually if more than one is named, its hue and lawful attomey -in -fact, for it and in its name, place and stead to execute on 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 PAMELA McCARTHY SAN BERNARDINO, $75,000,000.00 SUSAN C. MONTEON CALIFORNIA FRANCES LEFLER 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 10 day of, MAY , 2009. Attest STATE OF OHIO, COUNTY OF HAMILTON - as: GREAT AMERICAN INSURANCE COMPANY DAVIDC.KTCHIN (513 -012 4602) On this le day of MAY , 2009, before me personalty 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 InsmanceCompany, 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 ofGreat American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby a authorizer{ from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertaMngs 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 time. 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 affixed hyfacsimile to any power of attorney or certificate of etcher 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 of such officer and the original seal of the Company, to be valid andbmdmg upon the Company with the same force and effect as though manually affxed CERTIFICATION 1, STEPHEN C. BERAHA, 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 June 9, 2008 have not been revoked and are now in fall force and effect. Signed and sealed tlris '% (% /y day of, 3e) e. OFFICE OF THE CITY CLERK Leilani I. Brown, MMC March 2, 2010 Mr. John McCarthy Macadee Electrical Construction, Inc. 4755 Lanier Road Chino, CA 91710 Subject: Corona del Mar Streetlight Improvement Project (C -4090) Dear Mr. McCarthy: On January 26, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 2, 2010, Reference No. 2010000052172. The Surety for the contract is Great American Insurance Company and the bond number is CA1572925. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA C?ELflt1RR,5'J„RE :TLfGHT IMPROVEMENT PROJECT CObITRAQ-T NO, 4090 BOND NO, CA1572925 Premium included in Performance Bond LA8CiR AND M ATE RfA. S PAYi}dII NT BOND WHEREAS, thq City (joe ?nbi vl Ifie City vt t 'rwon Beach. S;wO of Ca ifcwnia "y.nlofior£ c9d opflwf, naa> i• hwobod to Maca<lae Efer- tricatt Constructlon, fle- roir}afti i r C "'s ; }aaled <:s 0v Trincipat, a cr;- 1raact tear mewl trt£c:E:vr£ of .CORONA DEL AR STREETLIGHT WPROVEMENT PROJECT. Contract No. 4090 In. tfzt: Gil t of N0,Ao €t E+ r t + }> ; strk! C x1tvfmity heath ih;t; pta € }s+ flr�z.�!'ii•}+2 „ ;4y.x..,£tEixtt; am falh+�r Ccwt,nuo D?upF mn:} }i`3 in the tf liu"' ul t e ?='£..hlk: of 't#,'': ?eii"! by tf}i`3 fX�'�'LSf .C'•. v%'Ht»REAS, Pruu i+ £I Nm; e3 eecila -Nd for s < Loin w exk3ri�te Contract No. 4090 tit d 'khe .'warn i> tf3L;rL>. requite tlr}e f€a vlin .ping; of t aS i 4 praviwiru� Mai. if prf}' dpef or anw of primp fnil to £,fay f`--r iarvy 0^..AeiPiiN fa €oV { >. ifit, tx Oglti;'f su pies usswl Inn a oft" fi:T''. U`- e'Et.!€3e£t if3€. ?.fs +'>t f£tr1'3c.}t4t...? L ?f tm' otf {T k'�:tif}iYu."`.6 0 Gt:.'.2ii:.: -tor .fC� C'i {} aaxYrk :�33' Eal:Y3r -dorle lhefl sa£Z of fwy k,16d, Me SurOy Pin +vvi :';:4�f ff3{5, eFatrr % -�t� tlEt a�rt£zt?:.3 z<rt'aiS3c3f1x: 3E4t:f?:r ?I f %.:a -:.1: '-:ii::'N�:F'�..t�t:, G.w the ea:ttS; °:*3'.:3 an,,. Great American Insurance Compan} teyg r, }alt,{ CaZt 3 . te, ?>ar3£ a. ';t tY},3;6i •{ b6 4.as::fz �y tt <`v la'ws'a' d3 '. .:s ;i4f, of t'.+:». +fE1tY5.(:z, as Mull, w 'Surety"' we h0, 4 ': ? €i}£y ?MX 'i +3 Mfts .ihe CXY of Nirn pwl t aaCfs; in, <hi suni of Otle hlundi"ud Sixfv -Five ThotA,wntf, .Six Hur1dred. Sixty -N ne €rnd.00>ifl)0 Dollars rT30110" v of the tirii (f 4.3,. ?j +.,,r :fit X+#30 3UAi, S„ ifi S €:£ E. ".y #•fr3 e` + ;F;i ECI llhe. tyr it'e C j` f;<t N£`+.b'pcO.. Beach ; #t`OcR, Inn. iinnj? x:f !N? € n,}}t£act� w wl.> ?;:eS ogd tr .ly S# be aw", vvv w ?w; '5' dsv .W f.o 0-4 {ai£.f } >' s ?t; ly M J ho.%" Et "ff%Ytt (i :° 63y, (3t1; >; I "lii i [c� t}'i•i: iixet tt • Q > stir =?. €<3i }: f t )r -:. 8? >,:CK ai' €Z. Pay fm' art + E£At..?.`21r"s i"3i'rz`f?.`.niarm, fx 0 £'s P.4gprxs.l.5> +I£ui:>I'ii'i4°sj! ffiH?C' i13, ell on, for; or ?I"o". £t`tf:. prAomm"mn 0 ttle, : +r ' ..£"iii r,? . to vG don.-' v ft"? 2? °J.i;+ft3{.'t ;`,+r•31i5. t:r kifs�f ;he €€"On of ly'hil:'d rA. '`of ;^'4} }3Lie: ?` >35 du -E,£ti*r ififl Ifit'..itiz` "e foie, Woa h i -J ; tgji or lr3tror, or `:v t any - h:i': }ovois £'eLl} inrd to toi deS w.,tekl, h'd£:fift5a3e�i ¢»ti €e�- .�i2#L` �€F3?€'r i3 a3ffi! ��i431' ?fL'ty£i"#f3fif �,i.�YaL�.I€i{7iY`r';i?f I� ?:;f3i3ftC: ont- from t1he ;k"rges of rg tiesc€ ,at frn i�r£�; :jai wd h:i:+ t }:<iarlsarz rurrMaa'm t o :'i€zd.;, 3 13020 d the ii"ia;rs is yin€nt. rif.a4 zr3€:£t 00 it r: r£ia€at»t2'Iv rifA€ «< 'k. a3£i.i § fL ? €, tf fat 9:yan ?iu t tz:tl p ?; i an ar: o °€t t,of. eYC� ding t1 6 slim, 'iper >fi �f in the r :tt, ai frt,..i r: , ase.yttit: }z ?rx3ti ftt to t }9cr a .ille OLbifd, yatie3ns Qf this aft+ gE rZseiaLltabrl, a r'3 f+'.a..', eys fee, t•+J' e'r>ke't1 by he: C,i %> in as :ttw provk3'iL4f }s: of ,$Wctfo i 3Z-50 of the Civil Code £4 Rw w�i i3't� +3F'Lisi #fi}f?Yix1"i.. The 60,11d shati 3F um, to (ho b1priefit 0 any and ail 'w ri and carg,,'WiOi^s uf.ftic:.J to rue i]Cyjef Sect;.3£i :l 6-t t?$ itti, Oaiifor';ia Civil Ufvdo- 3o as to y #ve'a 601 rjf W AW ia.tt en) . r Weir ass"igps irl'any suit i°.•riJl ght,upon IN-%S'� Bond, Wk n"q #ed t)y ,.ind of ar: x�Y �ant"P, ;%th this provi ns of : £C'Eions 32,1.7 et, seq. of ft, tOhAiii 1..i1; 03 ';he StWe cA C: "W1' nia, is bd 'Surety, for value - --ecss ived and a9fees that mY ed' €c5nq , extem;,,',n ;3 ". F ? #" e attffr?lti,?ns or arkt (L'fm ta. the terms of the CorEtlGi<Nt or ir) the Edt2$l -h to hwJ 0(3f'tt? €Trek, ttweufldef' or t:l`ir 5£.> €i #C3tiC t? S9m ?i.pan.' ng V e .i4awna' sb ai; jet any Y isti i`etjE t% obligai;iof ?s owt ti 'v ik"" ; 'Ind tt .'tw, 'i tai; ".r"„'h 'vmawe. notice{ .? 4ny ?jmh X harge' k Xlomiien to zinle. < ;i:Y3i;3iiC +F3s C.'�f ,Sit: itiont, t0. M.0 term's .Of tt3£7 �Z?t7t'c`3 :i tii' 1p 1.iKV xxaft< If the #ownil that <aE➢} pri'Pa^:ipal a3t'v '> e na-m .d LafSS.`(3te01 t �g Uond nb an im"."twidii t, it is agreed 43ha thx deatri oi. Any savi°E primipa# :Oast It✓i "asR i r 3i {t .Mle '&S f ity h rfi i %s obiigfalinms uW10f: RU t brriii a a IrsJ!'t f' : :EC i a Ft€ .i«S£'i.r #rzr #i h biftAl ii[ai rxt'...i( r3 ,,y ;t ?e. above na retf pri.rKipal Anci Surety, On 0,10, 28th.......... day t ?f,....... MIX .............. 2t3t£$. it7acail n Eteetric ! Construction (Primipnfil nox., itt € t.aIriT ;a Great American Insurance Company ?iiifE34:# fy? £Eiiy f`L?,£i €'#i"f'ttiW 750 The City Drive South #300 Orange, CA 92868 (714) 740 -2400 Pamela McCarthy, Attorney -in -Fact NOTARYACKN OvvI -MGMi NTS car CONTRACTORANo SURMf MUST BE : ATTA "90 a� CALIFORNIA ALL - PURPOSE ACKN:: ', 1LEDGEMENT State of California \ /) ss. County of San Bernardino On July 28, 2009 before me, Cynthia J. Young Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy WITNESS my hand and official seal. III nature f otary 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 Above: Capacity(les) Claimed by Signer(s) Signer's ❑ Individual ❑ Corporate Officer ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Top of thumb here Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the CYNTHIA J. YOUNG within instrument and acknowledged to me that she _ COMM. # 806614 executed the same in her authorized capacity, Z °e W NOTARY PUBLIC - CALIFORNIA and that by her signature on the instrument the SAN BERNARDINO COUNTY ", person, or the entity upon behalf of which the person My Cornm. Expires July 15, 2012 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. III nature f otary 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 Above: Capacity(les) Claimed by Signer(s) Signer's ❑ Individual ❑ Corporate Officer ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Top of thumb here GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 -369 -5000 0 FAX 513- 723 -2740 The number ofpersons authorized by this power of attorney is not more than FOUR No. 014463 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENT'S: 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, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on 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 PAMELA MCCARTIIY SAN BERNARDINO, $75,000,000.00 SUSAN C. MONTEON CALIFORNIA FRANCES LEFLER This Power of Attorney revokes all previous powers issued in behalf of the auorney(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 hereur[o affixed this 141 day of, MAY , 2009. Attest STATE OF OHIO, COUNTY OF HAMILTON - as: GREAT AMERICAN INSURANCE COMPANY DANDC.10TCHIN (5134124=) On this I day of MAY , 2009, before me personalty appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says fiat he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American InsuranceCompany, 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; drat 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 gramedby authority of the following resolutions adopted by the Board of Directors of0matAmerican Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division Pmadud, the Divrsron Senior Vice President, the several Divisional Vice Presiomas,and DrimandAssukint Vice Presidents, or 4W one of then be and hereby is audwrhwA from time to [fate, to appoint one or more Attorneys -in -Fact to execute on behalfof the Company, as surety, any and all bonds, undertakings and contracts ofsuretyshrp, or otherwriUan obligations in the native thereof to prescribe their respective dudes and the mspectrre limns oftheir authority; and to revoke any stich appointment at any time.. RESOLVED FURTHER • That the Camparyseal and the signature of a ny of the 4bresaid o nets and aaySecretary or Assistant Secretary of the Campmry may be affared byfacvratile to my power ofamirmyor cer4ftcafe ofeithergivenfor the execution . of any bond undertaking, contract orstaetyshrp or otherwrinen obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsurh offacer and the original seal of the Company, to be valid and binding rpanthe CmgwW with the same force and e$ect as *0 ugh mmwallyqffixed - CERTTFTCATTON 1, STEPHEN C. BERAHA; 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 Jun 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this Day of - ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I State of California County of San Bernardino ) ss. On July 29,, 200a before me, A jobngQ Notary Public, personally appeared John McCarthy proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the- State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A. JOHNSON Comntlssion # 1811232 Notary Public - California San Bernardino County 304 Comm. 1XIms W 2064 2012 (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Information: 31 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT 1 ................................................ ............................... State of California County of San Bernardino } ss. On July 29 2009 before me, A 1okincnn Notary Public, personally appeared KPH.; n McCari-hc> ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature & JOHNSON Commission # 1811292 Notary Public • California ' San Bernardino County M Comm. Ea ires Aug 26, 2012 (seal) ................................................ ..............................1 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Information: 32 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. RECORDING REQUESTED BYAMIE-�(, JEI``D WHEN RECORDED RETURN TO: 2010 Fr -B -9 AN 9: 40 City Clerk City of Newport Beach 01TICE OF 3300 Newport Boulevard THE � i r C._h A Newport Beach, CA 92663 CITY OF ��`r"tY � BEACH "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the Cii:y of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, Macadee Electrical Construction, of Chino, California, as Contractor, entered into a Contract on August 26, 2009. Said Contract set forth certain improvements, as follows: Corona del Mar Streetlight Improvement Project (C-4090) Work on said Contract was completed, and was found to be acceptable on January 26, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. 'q As Director ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 0\ I , at Newport Beach, California. BY MU City Clerk (Ic�� W FO RS�i January 27, 2010 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: • Amethyst Avenue — South Bayfront MotorizedTide Valve Replacement (C -4063) • Corona del Mar Streetlight Improvement Project (C -4090) • Via Lido, Via Antibes, Via Oporto & Via Malaga Street Rehabilitation (C -4096) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, Macadee Electrical Construction, of Chino, California, as Contractor, entered into a Contract on August 26, 2009. Said Contract set forth certain improvements, as follows: Corona del Mar Streetlight Improvement Project (C -4090) Work on said Contract was completed, and was found to be acceptable on January 26, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �I Executed on W 0n I1 9-010 _,at Newport Beach, California. c - u BY QAAA YUUVV`� City Clerk CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT J1)U'90-tD Jkl 2 6 2010 January 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee @newportbeachca.gov SUBJECT: CORONA DEL MAR STREETLIGHT IMPROVEMENT PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4090 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the 'Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. 4. Authorize Staff to reimburse $8,500.00 to Corona del Mar Business Improvement District. Construction Contract Summary: Construction Contract Final Cost at Benchmark Actual Contract Time (days) Under ( -) or Award Amount Completion Target Time (days) Over + $165,669 $163,551 Contract Contract 40 +35 +10% -1.3% Discussion: On August 11, 2009, the City Council authorized the award of this contract to Macadee Electrical Construction (Macadee). Under this contract, Macadee removed streetlight standards, luminaires, and appurtenances, and installed new streetlight standards, foundations, decorative mast arms, decorative light fixtures, pull boxes and cabinets. The contract has now been completed to the satisfaction of the Public Works Department. The contract construction costs were: CORONA DEL MAR ST6., )FLIGHT IMPROVEMENT PROJECT Completion -and Acceptance of Contract No. 4090 January 26, 2010 Page 3 Total Project Cost Total project expenses, including incidentals, are summarized as follow: Construction $163,551.00 Advertising $76.00 Printing $199.96 Total Project Cost $163,826.96 Funding Availability: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount Contributions 7251- C2202001 $ 81,755.50 General Fund 7013- C2202001 $ 81,755.50 Construction Contract Total $ 163,551.00 Per the agreement between the City and Corona del Mar Business Improvement District (BID), BID agreed to pay half of the total design and construction cost, with any remaining contingency funds to be reimbursed accordingly upon project completion. As none of the $17,000.00 established contingency fund was utilized, a credit of $8,500.00 will be issued to BID. Prepared by: Submitted by: Is ee p Badum Senior Civil Engineer Public orks Director ...........ii rr, cc O'l CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 Until 10:00a.m. on the 23rd day of July, 2009, at which time such bids shall be opened and read for CORONA DEL MAR STREETLIGHT IMPROVEMENT PROJECT Contract No. 4090 $167,700.00 Engineer's Estimate 'phen G. Badum is Works Director Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Iris Lee, Project Manager at (M) 6443323 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http:dwww.ch.newoort- beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 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 Macadee Electrical Construction 4755 Lanier Road Chino CA 91710 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT. IMPROVEMENT PROJECT INSTRUCTIONS TO BIDDERS 1. The following doCurnents shall be C01opieted, 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 ABILITYAND EXPERIENCE REFERENCES NON-COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2 Cash, certified check or cashier's check (surn not less than 10 percent of the total bid price) may be received in lieu of tire BIDDER'$ 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 rev,ew their content with bonding and legal agents prior to submission of bid 4, BIDDER'S BOND shall 'tie issuied I;y aw 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 aoreplable surety in the latest revision of the Federal Register Circular 510 Thi, successful bidder's st,,uurity shall be held until the Contract is executed. 5. The estrinated quantities indicated in the PROPOSAL are approximate. and are given solely to allow the comparison of total bid prices, & Bids are to be Computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code - including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 583125 - C-10 Contractor's License No. & Classification MArmdee El rival Construction Inc. Bidder #triz�ed Signature/Title July 22, 2009 Date 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT -STREETLIGHT 1MPRQY9.MSN j,.RR0JEQT CIPNL�ACT NO, 40pp BIDDER'S We. 1011 MUMS& loll P&MIX and Oka% oaf snummor, and wskra, cnewkms, han'. Wo low! WAY inty"i in ime Coy 0!, KWAPon RawA a chaos 01 in In p4mynd'3i Ten percent of amount bid CkArs (S jPNV IQ be paid MEANINGS—` ........................... CORONA DELMAR STREERMT IMPROVEMENTPROJE'CT, Contract No. 4090 1.".. tlh--.:� Eiewsk in ad. ymno Dy % COY %X& W W and awmaed to On, f&Q&paL aml On %ndpril ..?../-.. in axontle thco (?anjra;.� We lot the mQU0101 (or 1h;j xvice! "Wer ova dab; of We mals to! -14040anal of s0rapQ W and v4d. Great American Insurance Company 750 The City Drive So. #300 Orange, CA 92868 .. .. .. .................................. - ............. 11 ............. 714-740-2400 ... I ..... ............. THQKow .......... Pamela McCarthy, Attorney -in -Fact .............................. ................................................... F&A phone SUN (Notary ackmowledgnient of Flincip,al & Suroty rnu-st bo iatt�jctied) GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14463 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 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 JAY P. FREEMAN PAMELA McCARTHY SUSAN C. MONTEON FRANCES LEFLER Address ALL OF SAN BERNARDINO, CALIFORNIA Limit of Power ALL $75,000,000.00 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 28's day of, JANUARY , 2009. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412-4602) On this 28fe day of JANUARY , 2009, 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 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. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, 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 seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate 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 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 manually affixed. CERTIFICATION I, EVE CUTLER ROSEN, Senior Vice President, General Counsel & Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and, the Resolu i s o he Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed thi - -day of; S 1028X (4/08) CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On July 20 2009 before me, Cynthia J. Youno. Notary Public Name and Title of Officer (e.g., "Jans Doe, Notary Public") Personally appeared Pamela McCarthy CYNTHIA J. YOUNG QCOMM. # 1806614 E NOTARY PUBLIC - CALtFORNIAE SAN BERNARDINO COUNTY My Comm. Expires July 15, 2012 Name(s) of Signer(s) 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. SI lure of tary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title • Partner — ❑ Limited ❑ General • Attorney -in -Fact • Trustee ❑ Guardian or Conservator Other: Signer is Representing: Top of IhUmb here Best's Rating Center - Company Information for Great American Insurance Com... Page 1 of 2 View Ratings: Finentlal strength Issuer Credit Sicudtles Adrn ^•mod earst, Great American Insurance Company (a ri 0 MI)ALAIlaRk" P 6p, Gml A.M.11i Wits M #:Id FEIMf: $105 8l Address: 580 Walnut Street, 12th Floor Cindnnag, OH 45202 Best's Ratings Financial Strength Ratings View Definitions Rating: A (Excellent) A%Ilatlon Code: g (Group) Financial Site Category: XIII ($1,26 Billion to $1,5 Effort) Oullock: Stable Action: Affirmed Effective Onto: March 27, 2099 Phone: 813 - 3695090 Fax: 513- 399 -3soo Web: www gmetametkeninsumngamm M., wee callers: Te 1hN re4,q o avgn•d w compvniv filll$VB. in qv ognwn. en.xraiamahnry m maa4,Mr MSCIna WA %daub %hil,dWn. �� Issuer Credit Ratings Long- Term; a Outlook: Stable Action: Affirmed dale: March 27, 2009 * Denotes Under Review Ratings. See rating definitions. Reports and News Visit our rlewsRoom for me Meat nMYS.094N�9 raises. for this company and Its A.M. Best Group. AMB Credit Report - .insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Bears Fin, rationale along with comprehensive analytical commentary, detailed business overvlew and key financial data. Report Revision Cate: 07/13/2009 (represents the latest significant change). Historical Reports are available in AMB Credit Report - Insurance Professional (Unabridged) Arohive. P nBest's Executive Summary Reports (Financial Overview)- available In three versions. these presentation style reports feature balance a key financial performance tests Including profitability, ligmdity and reserve analysis. Data Slelus: 2009 Beafa Statement Pile - PIC. US Contains data compiled as of 7114r200g (Quality Cross Checked). Is 31nge9ofni - five years of financial data specifically on this company. P Comparison - aide -by -side financial analysis of this company with a peer group of up to five other companies you select F C9mposfte- evaluate this companys financials against a peer group composite. Report displays both the average and total composite group. AMR Chad t Resod - Busindac Professional - provides three years of key financial data presented with colorful charts and tables. Each If latest Best's Ratings, Rating Rationale and an excerpt from our Business Rewew commentary. * � Bate $taws: Contains data compiled as of 7114/2009 (Quality Cross Checked) Best's Key Rating Guide Presentation Repoli includes Best's Financial Strength Rating and financial data as provided In Best's Key Ra Data statue: 2007 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's PropertylCa*mfty Center - Premium Data & Reports Best's Key. Rating.Guide -PIC, U$ & Canada Best' Statement Fee - PIC, US Beat's Statement File - Global Best's Insurance Reports _PIC US & Canada BB+L State Line - P /C, US a-1'.111 I$!j(,QF nee FVM))t ME) - Pic. us Best's Schedule F (Reinsurance) - PIC US Basta S heC I DIM B"n)- US Besfs Schedule D (Common Slocksl - uS Bast's SUgrlu) D(Prreferred Stocks) - US Besfs Schedule P (loss Reserves) -PIC, U$ Bears- $chedufe4- thtsid -FICB UH, US Best' Schedule D fCOmorate eondsL- U_$ Bests Insurance Reports - Online - PIC, US S Canada http: / /www3. ambest.com /ratings /Ful I Profile. asp? BI =O&AM BN um= 2213&AItS rc =... 07/23/2009 ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y• . . . . . a a . . . . . . . . . . . . Y• 0 . . . . . . . 0 a a 0 i:.7 ict try of CafiforniCj COU(ItY of San Bernardino On July 22, 2009 A.Johnson Notary Pubh(-, erson"110 p', Kevin McCarthy of Macadee Electrical Construction, Inc. ............ --- . ... ..... ...... .. ........ . 'who prove�d to fw,l oil the b""�Isis of satisfaCtOry eviclence to be the person(S) name(s) is/are sut)scribed to the within and aclkrlowledge�d to me that executed the same in his/hEW11heir authorize(i capacity(jes), and that by his/her/their Sigllakjres(sj on the instrument the person(s), or lhe entity upoll behalf of which the person(s) (Icted, executed the insl(1111101tlt. I certify uncier PENALTY OF PERJURY under t1w laws of the State of Cilifornia that the foregoing Paragraph is true and cc,)rrect WITNESS my hams am' offici,,il 5 A A.JOHNSON COMMISSIOn # 1811232 Notary Public - California San Bernardino County My C=. ExPires Aug 26, 2012 ......................................................................... OP T'10NA 1- /,NF0jN1,!,j�j Type of Sitisfactory E..vj,,Ii!, j< f Person ally Knom i ?, i Paper Identificatioll Cr(fible Wit Capacity of Seidner: Trustee Power of Attorney CEO i CF*O i Coo X, Prosident i vice..proSj('j(,nt 1 Other Information July 23, 2009 Bid Bond 7 ._..................._......_.............. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 DESIGNATION OF SUBCONTRACTOR(S State law requires the listing of all subcontractors who will pt.Frfcarrr€ work ir€ an arl-€ra€.artt in excess of (.,me -half of one percent of the Gontrciclor' ; total hict. If i.i is rant ti€(> Contractor represe nt a that he/she is fully ctu alified to and will be, rtasgararasilalr for, performing that portion of the work, Substitution of subcontraclore, shall rn add only in accorct�'rr ce With State law andlor the Standard S[Lgq.ificatrc�r- fed Pta ?ic� k,Norks const €ar do as pplic- a ie, PUr$Llant to Public Contract Code Section 22300 appropriate se;CuritieS May be srrtastituted for any monies to be withheld to ensure; performance Under the Contract, 'rho Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that those subcontractors will be a scA subJeCl to the approval of the Engineer and in accordance with State ta;-v. No changes may be made in these sasbcontrractors except will) prior apprc,,val c.;€ tt;rw City of Newport Beach, (Use additional sheets if needed) Subcontractor's Information '3Item Description of Work �t;t I,tr ;=aar ivafa< Laid t Suite ;..€£;£€3,:f, r`aalt,lr?f=.t.. t pho :t: Number 1 SWte LiCenso 1'-tatrrabev ; Macadee Electrical Construction., Ince / Corporate Secretary Bidder ..... .... ---- _.,_-.. ith€r, _ ._._....._.„. ,,......., . , ature/Titie f3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO, 4090 TECHNICAL- ABILITY AND EXPERIENCE REFERENCES Contractor 111L15t use this form!!! Please print or type. Biddors Nan' o Macadee Electrical Construction, Inc. F=AILURE OF THE BIDDER TO PROVIDE ALL. REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public age,�ncy I-)rojod , YOU h,'W ; worko can (car Kerr; (AlrrOrltly working on) in tl7t' Imst 2 in exc.€ ss of `;;1; ,000, pro idc,, thcF follr:minti inforrj7<atiorj: No. 1 Tw...ila Reid, .._Fire Station No. 11 Traffic Improvements/Account # 472-412-A7117-7897 Traffic Improvements a13I3s{3xra3<a;E C. �.r,,yir�; tssa l3 �,s r9 September'08 Tf3; October'08 Agency T,hi wY...., e it o Anah .. im P'uison Mr. Richard Aguirre 714� 765-5176 L'rr n.-, <, 1 0-;, atr; Ain = , .' ,`,82,611.00 € ; , �. ", tis<7 a ;� ,, , _ `.r, i 00 } { No [,-)id you talc, at;r 3 ;l 1 ,r 'i £:; ti f .. (}€`: il,. ,%y �t'C;{:-`r` fi� ? "Iny r"'Iaiwls No Project Nanxs/Nux)be| Rose Drive Traffic Signal Coordination/Project No. 68001 p D�sChp8on Traffic Signal Coordination 4pp/oxin'x|nCnnskucUonDnif.�sFrom 8 To Novombor'08 � N;.,in-io City of Placentia C��nk*c\ P�ruon Tt,}ephnnw(714) 983-8245 _ Dngma| Con(rad4o)0uoiFinal Con|naciAnloun< 115,901.00 U hnn| amouni /m diMemx1| |runn pleasi, expL"Im(u��ngcopdc/u Extra Work D|dynuanyd&inns aD@in�(Uw3AU�ncv?Dk1Ux��g�nCyh\��ny(1�iN� Traffic Signal Mods for Riverside Drive @YorbaAvenue; Riverside Drive @3rd No. ) Street; Riverside Drive @ Benson Avenue; Riverside Drive @ Oaks Avenue; and P'z400( Nan��/Nuo�her ECTNO.__-__-__-_____'__-_ F\o/mu�0esnrV�Uoo Installation ofBattery Back-up and Traffic Signal Mods proxm�a<eCom�buuUomDai�o�Fn�m January '08 Tu� Mamh'UQ �g�ocyNanx�City of Chino Com\ao�P�/�onMs. _NaQnm*h|man|TNwph»»e(9O8)4O4-O3G7 _ Qna\I n In{304,938.00 385380.00,111,_ K hna|ao�wuo� /sdmm/oo|kom ongmc|. �|eaouox�|mx�(d,angeox�u,sexkawu/x e�u ' Extra Work Did you6|e\b�?",Ngerux7OWthe Agoncyh\oaoydo/rn� aga'ns\ you/Conkoc<�r? |(yoG. bnmOyrxp|omand iodficaleou\comeo[daxnn No HE Nanm8ftumbe/ Flashing Beacon Improvements at the Intersection of Valley View Avenue and El Cajon Avenue/ Project Descriptioil Installation of Flashing Beacon Qm�dPomuo Ks. Jackie Niemi ImW (714)_961-7170 /� Ona| �/mcx/Ai `� diKeo�/( hwn o/mma|p1ansa mu�|�m c,' I'll,() No Did ymu hho anyClainma wil,mist Uha Aqencyo Chd U}e Ancocy Nw any d�iinls agJmni you/Cnnkocior? i[yc-, 11`11'0Uyexp|ain nnd mdio8ioou(cnnn0 O/ dQinns� ---- Amal-Road and Lark Ellen Avenue Traffic Signal Improvements/ City ProjectNo. TP -07501 PngmciOeocnphon Installation ofTraffic Improvements Ao�ncy hbroo City ofWest Covina Con\ac\ Parunn -Mr: Miguel HernandezTu626 939-8425 55,810.00 |� hnu|�ou�on\m chU�/an) |rom ungoo!� V|mase uxp|ax�<d'a/�geA/dura�uxU� mork� a��J No Uid you hka ally do|rnS Did y7I ,g,'n� Ne uny doons n�Bina( <oac<o/? U yes' brmUyi�xphm and ioUica1eoukzxo� o{ c|owo Project Nap e/NU$Mber Buffalo Hi||n, Bonita Creek and San Miguel Park Lighting Improvements/ -Contract , 3964�-- Project Description _Installation 2f Pa�� L�ig�tip Apprmxhna(eConstruction Dales: F/«/n Ml0� September' AgeooyNanoe City ofNewport Beach COn�dPe�moM�8hodca�anon_Te�phOn��84S 644-3311 U Did you file any claims agNins(the AgencyDid the Agency file any d,-,1jmS �Iga nSt YOU/COntractor? If yes, briefly explain and indicate outcome of claims, Attach aUdkk]n0)����isif necess8ry, Attach to this Bid the experience [RSUMme of tile person who will be designated as General Construction SUpOr|DtendeDt 01' On-Sito ConstruChOn Manager for the Contractor. Upon /egVesi ti -le CoD\rack/r0liaU ctiaCh a hnaDda| l `/nj oUlerinformriaUVn Su[U0�D\�ycODnp[ehens(vekJ p8rn0i| "in appraisal 0fthe�0nho'|nrn Cun(,;,A15nziDcig| Conditions, Macadee Electrical Construction, Inc. /Corporate Secretary ............... Kevin McCarthy - Electrician Certificate in the State of California. Six years Experience in Field Work and Five Years inmanagement. Miguel Zuniga - Electrician Certificate in the State of California. Nine Years Experience in Field Work and Three Experience aoaSuperintendent. j2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 NON -COLLUSION AFFIDAVIT - - - .......... . . ... . ..... -.-- ,;tzlte of Califortwi My Courwrlission Expires: August 26, 2012 A. JOHNSON - - - - - - - aCommission # 1811232 Notary Public - California San Bernardino County My Comm. Expires Aug 26, 2012 t Cot. nly (%JSan Bernardino, Kevin McCarthy ;l Ile or.;I"'o is Corporate Secretary Macadee Electrical Construction, Inc. Ie :5,;",y forejoirlqi bid tli,,il the willpany, associatic)n, Or( ' ;,I!z ,rporabon, the bid iS '30nc 1! 1ot collkl:.t! or ploy rrialking the foregoing, :)id is not vi, it) '17,. ZW, of, of Uri behalf (': Illy k pw"o3n, Partnership, rowl';,j Mo, bid i€, i';llu'ii., C of fal'SC Or in c the J Of Of -P- and correct Macadee Electrical Construction, Inc. Corporate Secretary Biddej gi Itle S" ( ibscf ibf"�d ao 1 i 'swof n tc) tot al f f;r 1 j j <.� ii, 4 1 1 Ili s 22nd day of ,,Jul --y"_ . . . . . . ............... t)y Kevin McCarthy . ....... - pensonally knowri to ln'le or Proved to n'le oirl 4 1, S) ; ho ap!)e'aref'li )rc, n)e, i�)ENALIY 01 Fli"A-" i urlder die-:k.,wi of [tie ate o f California that the is twe and c0tIt'-i a ............ Notary Public My Courwrlission Expires: August 26, 2012 A. JOHNSON - - - - - - - aCommission # 1811232 Notary Public - California San Bernardino County My Comm. Expires Aug 26, 2012 t CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO, 4090 DESIGNATION OF SURETIES Bifld-elrd`, n,,)rno Macadee Electrical Construction, Inc. I'li'1111(-s' addrf"'ss(�S, and P110110 ''dl brokt-',,; "'md from _-vhoni Bidder iiitcmcl�, topr0(,-,j,jj-- and bof)ds 01st "hy e Alliant Insurance - 735 Carnegie Drive #200, San Bernardino, CA 92408 Pam McCarthy - Bonds - 735 Carnegie Drive #200, San Bernardino, CA 92408 - (909) 474-8802 Balisha Averhart - Insurance - 735 Carnegie Drive #200, San Bernardino, CA 92408 - (909) 886-9861 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Rid(Jer!-,; Nain.i Macadee Electrical Construction, Inc. , t Full Y(jslr; zA m R i R,,'(,or(i Rowoal R-ocord Y ,�i r o) f 1`("Ir for fof r(,)r for Ro-,.,corci 2008 2007 2006 2005 2004 To u:i I 2009 No, of (,orjjra-,. Will Provide If Low Bidder Total dollar Ar otirit of 0 0 0 0 0 0 0 C o t) t r a c us, (it i Thous -ands of No (--,f 0 0 0 0 0 0 0 No, of lost V/or kday 0 0 0 0 0 0 0 No. of lost w o i k a y involving 0 0 0 0 0 0 0 io"i" 'Ji ol d Ill fk,l 10, Occupotiol'i;.il Illjmlf:;s, I � I f _w"! 111tiIi", ('K.J 1"% N!"', 10",,- m Legal al BL. sin ss Name of Bidder Macadee Electrical Construction, Inc. %3t.aSin ,SS AddreSS: 4755 Lanier Road, Chino, CA 91710 ......... ........._ ....._....___._... I3USirICSS Tel. No." (909) 627-1336 State Contractor's License No. anc:i CliaSSiflCatioll: 583125 - C-10 Title Corporate Secretary The taf c. ri information was coravikA fronn it i„ ri.t t it?.-; that are <av<'ailtahl , to rn(a of this time :and I declare under penalty of perjLlry that ;ii ; information is tiuo ritirl �i(,(.irrcat� within the limitations of tlx-iso records, < s r D%it .. _. X122/0 itI(, ... Presi ent SigricitUro of _ bidder Date ........... _........,_ 2/ Title Corporate Secretary Sig,m"Oure ci t)idder Date _............_....__......................................__. TtIE Si1:ri i�tt;r(-" of 1.) i d d, o r Date Titl(a If hidil- i,. -m individual, nlraar, ,€3 clnd, if he: l: le�i :`7irss rid"I forth. If q td( � ._ '.7 ,ariitri�:i:ahij_) .'i �l,lEnt 3._itt.:? � t , �_ i�i�( ,:f E. •� i ���, ,ir 1 ,l }. it �.. 3 (.� e�., hal' i!r, :0ti hY! if .3 the l zntL'Irf"a, li :wf("i: i,''io 01 or Vice 'HU111�i , Knowledged 000k ti 1"41 )l ifY Public-, w I I o nui,`1 t,mfhiy that 'zm'j .li 1€,3 frit z.t'I:tt,lif;a. or officers area knomi to Iiria or her to t:)iv �tiu(�h; <�artd, in t i corporation, that such rorpOrPitioti a;°XOC;LWld the imstrum(,,iit l)Lirs(.icint to it: t'1',Yr q 1'QFf)lt1t1O1'1 (,,)f its Board of of Directors. m r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On ✓�'�y far 2001 before me, _ A. Johnson, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared John McCarthy Name(s) of Signer(s) A. JOHNSGf1 Commission # 1811232 Notary Public - California San Bernardino County MY Comm. Expires Auu pg, 2012 who proved to me on the basis of satisfactory evidence to be the persorAq) whose name(�A is144 subscribed to the within instrument and acknowledged to me that he/001rl executed the same in his/Vq/"ir authorized capacity(/eA), and that by his/l)ibf/yh�i/ signature(j) on the instrument the person(j)/ or the entity upon behalf of which the person(1) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature q6jn�� Place Notary Seal Above 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 Name: John McCarthy _ Individual xx Corporate Officer — Title(s): President Partner — Limited General Attorney in Fact • Trustee Top or thumb here Guardian or Conservator Other: Signer Is Representing:iylacadee _ F1ectrlca1_Cnn9txuction Number of Pages: Signer's Name: . Individual Corporate Officer — Title(s): _. Partner — Limited General Attorney in Fact 11111=91WILC10141 Trustee Top of Crumb hexa Guardian or Conservator Other: Signer Is Representing: rr.�. ?�T`�� XC<'?7Zi,'z,r —zT, '2007National Notary Assoriahon- 9350 De Solo Ave.. PO. Box 2402 • Chatsworth. CA 91313-2402--Nviw.NationalNotary.org Item 05907 Reorder Call Toll -Free 1-800-8766827 ' • ALL-PURPOSE ACKNOWLEDGMENT <s...... r_c�cr�.`Cr_=air--, -�Cs�S :!s�..�> 5 . 5; :!�4 ,•�-�.`N,.�S;�Cc,.',-N,ca' �i~� State of California County of San Bernardino On 4V CVJ before me, A • Johnson, NOTARY PUBLIC Date Here Insert Name -and of fhe personally appeared Kevin .McCarthy Name(s) of Signers) A. JOHNSON COmmiSSlon # 1811232 ' Notary Public • California San Bernardino County My Comm. Ex Ives Aua 28, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(j whose named 9 is/attq subscribed to the within instrument and acknowledged to me that he/§ftk/j[*} i executed the same in his/I ellhpr authorized capacityVep), and that by his/lpr/�hpir 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 ha an fficial seal. Signature - m 4A^,J nature 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 Name: Kevin McCarthy ❑ Individual Corporate 1]k Corporate Officer — Title(s): Secretery ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is RepresentincMacadee Electrical Construction Number of Pages: .t Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 1:1 Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �A43'L�f�f�<�fC✓f�f�✓.f�✓.f�✓f�✓f�✓f�✓.fC✓.f�✓f�'%�✓f�✓fC✓f�✓f�✓f�✓f'✓fC✓f�✓f�✓f�✓fC✓f�✓.fC✓f�f�✓4�',4�.f�'.��.Hf'✓4&f'r7f'9 •✓ �✓ •ti �tr •trl CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 ACKNOWLEDGEMENT OF ADDENDA Bidders m-imo Macadee Electrical Construction, Inc, ........... .................................. ........... The bidder sj'jr,jjj sigilify r(,aCeipt of all Add(-�,,nda if any, and attach ux,(, utf,-j copy of idd(-mda to bid documents: ............ - ...... ..... ............ .............. Addi",ndum No. Dato Received ire #1 July 20, 2009 17 Page: 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT \L1 Fo RNJ ADDENDUM NO. 1 CORONA DEL MAR STREETLIGHT IMPROVEMEN�pROJECT CONTRACT NO. 4090 / DATE: July 17, 2008 BY: Public Works Di TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. PLANS AND SPECIFICATIONS: Replace Section 307 — Streetlight Lighting and Traffic Signals SECTION 307 --- STREET LIGHTING AND TRAFFIC SIGNALS 307-2 CONSTRUCTION GENERAL 307-2.3 Standards and Steel Pedestals. Streetlight standards shall be Ameron Cat. No. 6-B1-31, Mix 37N and installed per CNB STD -201-L. 307-2.3.1 Mast Arms and Luminaires. Mast Arms shall be Ameron 8' LMA & decorative scroll. Mast arm shall include top mount aluminum 8' LMA assembly with removable decorative top cap and decorative scroll painted with RAL 6009 (fir green) and protective coating, with all attachment hardware paint to match included per Ameron Dwg No. SK061707 — 8' LMA & Decorative Scroll. A protective coating of 2Guard Clear®, Amershield, or approved equivalent, shall be applied to painted surfaces. Page: 2 of 2 Luminaires shall be GE Lighting Systems, Inc Streetdreams Pendant Mount Lenoir Series, LENX-L-A-25-S-0-A-6-1-X-0-XX PTD RAL 6009 Teardrop with 250W HPS lamp, standard Twist -Lock photo electric cell attached to pole cap, and enclosed ballast. CONTRACTOR'S LICENSE: Contractor License Classification required for this project: "A" or "C-10". Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Kcmri H6ca Bidder's Name (Please P int) TN I.I ao� a00� Date Auth� e <.Signalure & Title f:\users\pbw\shared\contracts\fy 08-09\cdm streetlight replacement c-4090\addendum no. 1 c-4090.doc Page: 2 of 2 Luminaires shall be GE Lighting Systems, Inc Streetdreams Pendant Mount Lenoir Series, LENX- L- A- 25- S- 0- A- 6- 1- X -0 -XX PTD RAL 6009 Teardrop with 250W HPS lamp, standard Twist -Lock photo electric cell attached to pole cap, and enclosed ballast. CONTRACTOR'S LICENSE: Contractor License Classification required for this project: "A" or "C -10 ". Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Date L4 1J OLD & Title Iausers1pWsharedtcontractstfy 08 -09lodm streetlighl replacement c 40Waddendum no.1 c 4090.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 INFORMATION REgUIRED 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 Constriction, Inc. Business Address: 4755 Lanier Road, Chino, CA 91710 Telephone. and Fax Number: (909) 627 -1336 - (909) 627 -3772 FAX California State Contractor's License No. and 'REQUIRED AT TIME OF AWARD) Original Date issued .December26 1989Expiration Date:_. December 31, 2009 - - - -- List the name and titlelposition of the person(s) who inspected for your firm the site of the work proposers in these contract documenls: Kevin McCarthy I Corporate Secretary & Operations Manager The following are the names, titles, addresses. and phone numbers of ail individuals, firm members, partners, joint ventures, anti company or corporate officers having a principal interest in this proposal: Name Title; John McCarthy President Debra McCarthy Vice President Andress Te4ephone 4755 Lanier Road, Chino, CA 91710 (909) 627 -1336 4755 Lanier Road, Chino, CA 91710 (909) 627 -1336 Kevin McCarthy Corporate secretary 4755 Lanier Road, Chino, CA 91710 (909) 627 -1336 Corporation organized under the laws of the State of California______ _ 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NIA All company, corporate, ar fictitious business names used by any principal having interest in this proposal are as follows NA For ail 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 chairns and Me:nse:s: N/A Have you ever had a conir ici terminated by the ovrnerragenc:y? If so, explain. Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims ar actions by any outside agency or individual for lab ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No Are any claims or actions unresolved or outstanding? Yes _e i9 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 Construction, Inc. 61 dider ___. ___. John McCarthy (Print name of Owner or President of Corpfnration /Company) Atat We rrat�iiie Corporate Secretary, Title July 22, 2009 Date On JuIy22,2Qo9 before me, XJo_hnson Notary Public, personally appeared Kevin McCarthy wtw prov< >d to rne, can the basis of satislaclOry evidence to be the person(s) whose n smels) istare subscribed to the mthin instrument and acknowledged to me that he =sheithey executers the same: in his!herftheir authorized capacity(ies), and that by hisihen'thear signature(s) on the instrument the person(s), or the entity upon behalf of which the person(,) acted, executed the, instrument I Certify Under PENALTY OF PERJURY under the laws of the State of California that the fofe(j inq;xaragraph is true and correct VVITNESS my hand and official seat doaftL JOHN= Itsit2� so Leo CM* Q gp X12 C�,✓� rnrat, (SEAL} Notary P lic in and for said §tat -_..._ My Cornrnission Expires August 26, 2012 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 NOTICE TO SUCCESSFUL BIDDER The following Contract Ducunicws shall Psri eAieeutetl and delivered to the Engineer within ten (10) days snot including Saturday, Sunday .rid Fodernl holiday,') 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 revaew 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 tan (10) working days after the date shown on the Notification of Award to the successful bidder. The Lahor 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. Puisuwit to Public Contract Conde Seolion 22300, appropriate securities may be substituted for nny monies to he withheld to ensure performance under the Contract. Insurance companies affording cow,-r,ago sfaait be (t) currently authorized by the Insurance• commissioner to transact ousmess. {]t insrr, rice ,n file State of California, and t2) assigned Policyholders Ra iinq A,or higher) and Financial Size Category Class VII for Larger) in accordance with the latest edition of Bests Kev RjtiLjq(aLade Proiaerty- CasuaRv. Coverages shall be provided as specified in tine Standard S)edficalions for Public Works Construction. except as modified by the Special provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 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 fonnat 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. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 CONTRACT THIS AGREEMENT, entered into this _ day of , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Macadee Electrical Construction, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CORONA DELMAR STREETLIGHT IMPROVEMENT PROJECT The work necessary for the completion of this contract consists of street lighting improvements, which include the following: Distribute construction notices to affected businesses and residents; Construction surveying;Traffic control; Remove & salvage existing street light standard; Remove existing foundations, mast arms, and light fixtures; Construct new foundations; Install Contractor - furnished Type II standard (Ameron Cat. No. 6 -61- 31), decorative mast arm, and 250 watt, 240 volt H.P.S. luminaire with integral photo electric cell and enclosed ballast; Replace luminaire and mast arm on existing Type II standard with new decorative mast arm, 250 watt, 240 volt H.P.S. luminaire with integral photo electric cell and enclosed ballast; Rotate existing Type II standard 1800. Reset on existing foundation. Remount mast arm to match existing orientation; Remove existing pull box and install new #3' /z F pull box per CNB STD -204 -L and STD - 205 -L; Remove existing pull box and install new #5F pull box per CNB STD - 204-L and STD - 205 -L; Remove existing cabinet and base, install new Myers service cabinet, and construct new base per CNB STD - 206 -L; Disconnecting and reconnecting conductors and wiring; Restoring surface (full concrete panels) to match adjacent area; As -built drawings; and Other incidental items to complete work in place as required by the Contract Documents. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4090, 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. 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 One Hundred Sixty-Five Thousand, Six Hundred Sixty-Nine and 00 /100 Dollars ($165,669.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Iris Lee (949)644-3323 23 Macadee Electrical Construction 4755 Lanier Road Chino, CA 91710 909 - 627 -1336 909- 627 -3772 Fax INSURANCE Without limiting Contractor's indemnification of City, and np for to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply 24 separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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. 6. 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 elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. 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. 25 vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 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. 7. 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 amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Riaht 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. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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, •z. (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. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 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. 1_-\ PO ATTEST: CIT' By: Y CLERK APPROVED AS TO FOR nette D. Beauchab, ssistant City Attorn CONTRACTOR By: ( ate icer) itle: ("orporata Serretary — Print Name: Kevin McCarthy By: V1414 IAal Officer) Title: President Print Name: John McCarthy Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 Executed in Four Counterparts CITY Of NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELiNA _.jRFETLI� ghT IMPROVEMENT PROJECT CONTRACT NO, 4090 BOND NO, CAI572925 ..... .......... .....,........ Premium included in Performance Bond LLBOR AND MATERIALS PAYMENT BOND ?PVHEfiEAS,, lflf :City C.• ti.f£ ?f:if of thf; City or Newport f ooh. Sfaio of Cafifornia, tay.Mot'-'oM acozpletl, N.N tawtard6d to Macadee Electrical Construction, IxE'cai ?'F r;£ f;esignated <;s th£, "1`61 *9: pai," a contract ff?r ctar;s,niCt"on of.CORONA DELMAR STREOLiGHT IMPR.f1VEMENT PROJECT, Contract No. 9690 in the Ol`f eat htx,aefiort So,8.'f, ;fl stnsw c'f?mfiarrr >ity a'r=th,th'Fr S §f'r3'oYir3s §S. ia33ii £) }3f " L"sr1;'!;,$(i I 'i:iYei:;r3'$ in the Gffitx -" of the Pi.:' tr; vv'nrks DEpariii ?effl..i7f iho City of N"`,- wl'o!4 8of. wh, Fa €i 4Df ?vhiC^ arOA inCn",?£'t?vir(ated tIorewl by !his b,'HEREAS, Prin ; -- „F:al hm';'f.aee£a3 led of i;s aatxx,:f io execute Contract No'. 4090 3ii[` the thef`04t •" € §gUiro the furniShi3ig.. of a Ibcind. l;i;';:aiil :inn, twit 4 ^x.rinc3pal of any of P?incigal5s ti til3s ";i »3' ?tf3f�ti'ar3, <+i•riti fail ko l3tay for any milten'415. f7Co 'Yf u ?Ca! ?ii: 5:'x3"' Slhor SSPfifiliknt S.?taed .''.rl: upor9, for. i;S! f3l'o-lfl if'Cf }ii:rf €33' ?73x'.3 ?lf:f' f ?l t?Ie S;Sf): ' 14g%rxi -d to Ue acne, it for any work or l:afnx:.31' �i'§t73'3f; ihWer-f.} pf :'3;3;1 kind, lf£f: S£i3'£fy cin tfiss borA'Mil t`.."fi: 6he sninE 15 tfi£: '>;O( N0104' 01 • HF: v' . 3 • r.� :+ f �r ?ri£;IFiii£. i$3 ":F;i. f 1, i 53:. f3£'�.'t�. i`::: i.`i3;{ Cs3ClE,E',ai r3ew Great American Insurance Company _ ._ ..............._,.....,...,,, ......,.,..................... 7 il.. ai It iia`ved l , frfaf?�wcl. -> S h{. b. .:l.f..SY<' ;• k Y:)h `. S,i', )iii >E3 "'.,:•x,....<:.,,r3' f 1F', ia:j�'ci i�': .............. rfs, �.i),f', cl L.:.? t,.. £i:;1, i:3;x zf.Iffaty; (i£. ff;r. % :.. #fi rlfif£%£ft {3.> ":.jftf "ficy I f if::l<, °: ;tC?1F? 3yi- 13; ?>N. ii33';i'f ;h¢. C'jf f fkf :''3a3 v'k,;.r'i .3:•£;{;: °3. 3 ^i " ^i Si131':5 Of 01.1) t"liE3iCfrL t Sixty-Five Thow -sand. Six Hundrad Sixty -Paine and'00116ll Dollars (tios'069.001 i- .a'a,fi:l rn# ?nOy of Ole U nitfod S;tat > ";<< of .+f€r o3 k>s.. S'nm ;kw 8 &f r£h'a£.oa£'S t'} the C'tv r'i fNi€ k.;ff)oft i'»r XII ifr"rJf:}3" tE ::'af OA- . i',..•i tti:i;`3'I `iitif i {i3'ii, ::: ?P.;;'{9�i Eit;iwl•':»Y i3 S= �.zf: ?i. t irrelj+ i, CDv.H : ` . 1 x N; e t; '> 3 sn ii !;Y:� at ' f f ii }or, 1Puf it3fi,iN f3 i <::Y , §t..( "x; }Tt €� <4 t3 .,,i 1(,..'.: e5.ii. . :'£if ..:i:.:ai >, 3:.£;. i:s,:',C3 Fi pia" itar :a<}.. ,. L'i'v!te'f:,:, � !r :'' %i`::fiiq •i.. :>S y ?L'+�°,f .�`.,F'd C3''E.''.°i, iri?n5<:`:35`f.$f ?iii ^f' 13:1 .{? � f tt ?f3::t' ?i ?3fafef #35f?€l i3 ?, ii'„f7 ?f. fi: ? ", or �ii}?ata3 i. is 'l?rf fr iiG *i)ff£ £: 11.11e, 4vi' >k :;:3' ? ;ny C.?illrsf Li DFI'C iir labor tt3'fecj€ e (,I f.lnv li ir;(r`: i;i3' of 'rFCE },C7f:f3iii :.£f3F§t:r if tfc -t.. §r4$3''ip3lJj%i'fifgi9t ("QdCa `rdi Pa ria ' f:'t:i ifJ .`;3ich ' +vvff fi£ `2xk -' w : "i ?' f€ . } r s r.i x..' ° s ri r'i% < .y : ?3' €if; 7zeh' ::iiifi5 ::; , to 3.a wiihhq Y.l cmt'd Pa ove, to TiC`, t.'!op'tYlf:'3em fti;: ?'v the i'v "^. ")e'; of il'MVic,,,ir e,3 €2f ':f'3f'., Pr :r.. <i; W "smd t;40°20 of lne it'? ?.f3'ia?lGm Code veifh fS s? pf:'lct i;; cii,£ :£'i e< ^,!' 'ri i.; ';'s"'` h• :w ?l' %' "a f ' C ^;.': 3 L° , ^c iS. .ff 8 at:, i.'': ..f9 Sum't4 �1:il lazj% mi the $.: , 3 €1 €.3f? ;3£'ifj33flt not t?'?£? Yurn spec' fed i33 IN :<j`£;F:£t, :im! 31so, :?"f, L:ia S£; .;i:fit £t: ;?r; ?uqN ti F:fif:`'fc: ? the €. bii€ }faf3w)s isf t§'ri"i i'jwa, r.E 3'f',f ➢Sf}£?fiNo :atfort ev's fee, 3y be fixed by tne Co-i:`t f. %t regiAred ''3f. Wic. pruvislUris- ; ?l Section J7 .j of tt'?ft C:;crft'("S)A- of the stm O` �is:;3!lfr.,333'S3i�3. 23 The. Bond shall inutV to thrt benefit of any and all Demons, r»rnp hies, and wrporat)ons efltittwd to fife dsitriei ondef section 3161 of the Gatrftsrriia civ9 Code Biel as to OV6 a right of anion to tticem rir lheir �ssiyn„ in any serif brdt£t ht ulm this done, as re quirewl fly and in accAvd anc e with the. prov€ ons of Sections 3247 et, seq.. of'th�s Ovil Code of the slate of C:aliiorruaa. And Surety, for value received, herctay stipututesi and ft f�; ,w that ne chartow" extension of titr3el, raltereaticns or a;!kir:ions to the tends of the C,ontraoi or to the word to be lortnf -i ift =rstetrtdur or the vipo ilicatitms accortipanyinq tilt- Same st`rail in erty jti e offod itts obligations, ort thiN Bor ?d, <tnd it etiXSl? Ile "re'b.y wmwle noli .t;Y of any i qv .h f"llanoe, e'xlension of i1ow, aiternijam of tadaitk.Oli to, the telro of the CelnbrZIcii or to t.he: work or it) tlic s, rec£f£,a #ions, In the evera.t that ally P3 ito ipat aiktve rtame.d (""'ec;led this Btar^ as an individpai, it is lure:.) that the death of :Orly such pfOoippl 5,halt not ex t 9c rats: she $tirety fromn its obliWAor: to elkm'fits Sorld. IN WITNESS t.hI.IEREGF, this instrument has beem turfy execotao tty the above named prifwipai and Surety, stn file w2eth ,,..._,. day of ........ J ALY..._ . ............................... 2pU9. Macadee Elecaricaf C0 trtaallen (Principal) , st;ixri£i. £sin ,iure.fTi'it)io - Great C Insurance nsurance ompany.." _.._,....,... _,.. id'i3rYift elf : >£.ir;3ty Atttti{t' "£.Zfrit Agent Je�nrAttti�i 750 The City Drive South #300 Orange, CA 92868 Pamela McCarthy, Attorney -in -Fact Rdd ±ewe Ctt ist } hints Name aol Title (714) 740 -2300 .............. . .. . ................ i„I,efthon'o NOTARY ACKNOWLEDGMENTS Of: CONTRACTOR AND SURETY MUST BE ATTACHED .L J? CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On July 28, 2009 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public') Personally appeared Pamela McCarthy Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the CYNTHIA J. YOUNG within instrument and acknowledged to me that she COMM. # 1806614 executed the same in her authorized capacity, = NOTARY PUBLIC- CALIFORNIA `'+ and that by her signature on the instrument the SAN BERNARORIO COUNTY ' - person, or the entity upon behalf of which the person My Comm. Expires July 15, 2012 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. la&-Z - �6 �� nature f lotary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title • Partner — ❑ Limited ❑ General • Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Top of thumb here GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 . 513 - 3695000 • FAX 513 -723 -2740 The number of persons authorized by this power of attorney is not more than FOUR No. 014463 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, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bands, 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 PAMELA McCARTHY SAN BERNARDINO, $75,000,000.00 SUSAN C. MONTEON CALIFORNIA FRANCES LEFLER This Power of Attorney revokes all previous powers issued in behalf of Ore 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 sea] hereurto affixed this 14ih day of, MAY , 2069. STATE OF OHIO, COUNTY OF HAMILTON - as: GREAT AMERICAN INSURANCE COMPANY DAVID C. I MHIN (513412.4502) On this 10 day of MAY , 2009, before me personally appeared DAVID C. KIPCHIN, to me known, being duly sworn, deposes and says that be 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 time thereto by like authority. This Power of Attorney is grantedby authority of the following resolutions adopted by the Board of Directors ofGmat American Insurance Company by unanimous written consent dared March 1, 1993. RESOLVED: Plat the Division Presidetr; the Division Senior Vice Presider; the several Dtviworml Vice Presidents and Divisional Az=iiara Vice Presidems, orarry ore of them, be and hereby is authorized from time to tone, to appoint one or more Attorneys -in -Fact to execute on behalfof the Company ,= surely, any and all bands, rmderwkmgs and contracts q r ryshtp, 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 tune. RESOLVED F UR77iER That the Company seal and the signature of any of the aforesaid officers and my Secretary orAssisiantSecrvany of the Company may be affmd byfaarimile to at y power gfattorney or cerafrcare ofeither gtven for the execution ofany bond, undermkitng, contract or suretyship or other written obligation in the rmmre thereof, such signature and seat when so used being hereby adopted by the Company as the original signamm ofsuch officer and the original seal of th e Company, to be valid and bbribing upon the Compww with the same force and effect as though manziaNy affixed CERTIFICATION L STEPHEN C. BERAHA, 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�Jjun,L�^�9, 2008 have not been revoked and are now in full force and effect Signed and scaled this g bay of, / "? D0<7 ae] ACKNOWLEDGMENT • /YYYYYYYYYYYYYYYYYYY /YYYYYY /YYYYYY / /YYYYY /YYYYYYYYYYY /YYYY YYYYY YYYYYYYYYt YYYYI State of California County of San AQrnardi m ) ss. On July 29. 2DO9 before me, A sop __ _ Notary Public, personally appeared John DL-C( thy proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the- State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a . � Signature A. JOHNSON ONWIalon 0 1811282 Ill Poblb Y Camomis son "MMGw Co" Comm. Expim Aus ft 2012 (seal) Y YYYYYYYYYYY /YY YYYYYYYY /YY. Y / /YY Y Y Y Y Y Y Y Y Y Y Y Y/ YYYYY / /YY /YYYYYYYYYYY /Y YY YIY Y /YYY, OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEOICFOICOO President / Vice - President / Secretary / Treasurer Other: Other 31 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT .... ......... ................... ................ .............................. I State of California County of San peamapftinp ) ss. On July 29 2009 before me, n JdMsc Notary Public, personally appeared Meyjn NkCaT+hV proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the pefson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 A.dOHN� Commbsba N 1811292 Notary Public • Calitorms San Bernardino County M Comm. Et tree Ag 26.2012 (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO I CFO / COO President I Vice- President / Secretary / Treasurer Other: Other 32 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. l'remiiris for calmed term and is subject to adjvstmud based m final conhaet. price Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREETLIGHT IMPROVEMENT PROJECT EQNT CT N . 4090 BOND NCB. CA1572925 FAITHFUL PERFORMANCE BOND Die pre n : mi rfaarg} s on €iris Bor €tj i5 $ _.1L259. 110._._._. �._.._ ..... .:.......�,.�..,......,.�„�.,.� :)£:inn at tltla rr.'it£! of S 7.6U..,,.. er ..., ._._.... .�...M..�...MMMµµM.......,_..�_ t'"ras:.ln£t r1 #F.p Coil r:3ct prime_ '001EREAS. ai;,e Ci'_Y Council -A V"e city d NL;`wpC.',i se %di, State of'Caiifomia' by n•#:atr013 a e{at£fl, envardrd 10 iMacadee Electrical Constniction. hereinafter destlj naa -ed as the FTrri i €', a aw #.Irao' for wns €ruciiyn of CORONA DELMAR STREE -rUGHT IMPROVEMENT PROJECT, Contract No, 4090 jr. ine C# €y of lydt;f potl � xatch, if si #iot wafk>rn)ity vAkh the ins. .Is ar 918, 51 r ri(c aiitsns, � I other LcaF aF i [k),airnen €s man tainted m 0 Public Oft.-Us Depa>tmonl f)i ft3a City £a; Fv(h+ ,, . rt Bpach- ail of +h # tSrein by !E "i5 tflxi ".t'F?it£'F?. .IHEREAS, WrK,ij; "ai hm, oxei£iitc;< far s etxsi ;t tc, exCcfa°:e Contract No. 4090 sand. €dv faiil3l #at x'TFer3f3Fi':;,i.'.?F; rz of the f.:ontnitli Great American Insurance ............... duiy i!i :&si0dz£x£j ti) ii tzltvne!?s Li ?tdst #' ;tee €m'$ at ti Y„: Sul,a >wI %,�,40forniel as Soretjf•. slkffolyJ !., af"4) f?,,3,0 and lrmi y I7fFlifid m:o = ?3>~a. Cry of Nei.7!t',F'C,ft 80-,,I .n. w4 itsi: l-,um saj Orao Hundred Sixty -f=ive Thousand. Six Hundired Sixty-Nine and 13(71100 L14 €farE. ($� 669.tiUj -mxfo #� way 9.i1 the; :3r:=.i d Sleites cf Ani06M ;Mi4 6urrn t�s :r?v t> uai lr; C.'.t €nF; ;alW#'iEtt °i5 tal€'`t=::rs °t' f)j l?iPs (.'.i?s"31i'F€. ^,i: ^, i,":s' t:c7 €f: ?'o ?ii =i {.;it3 Ch{ %.[£.*.F i...^+ ':fit':i:. 3`a''_' ?:t: -:fi L5:i� ? ?.`s. WW %:$`.Ei' #i?a. l:># Y ?:L'li ssi ir':,r #? iE °i; a:'?4i `! #o if l "z? n€ ? '#'.5. 3 }s „xgs. £'itfa£ %:it£3 ?S and 3L'.?3 ;af:FS€ruttLr y. F€£ €i:i:;is`!iSfaf:i; cir ^'i:ifiYj??t:. oim: v a#x1 se;''Ye' AY, tit)nly by thfe"a OF T Hi S t✓t'F,t. X'u4T3111F Y IS SUCH. K :?'?': €'rim, -p ai, m :s£ ^ ?: "a ,k fu l3l:li'S•. <;','Fi?i <'rFi;'ii'F:':i2iy:. `:ii.77'Ce:[i4i irS. }C iz vrsEEji ".i. �ii:t Ii'i :i: `ii. l:i i" yf #3" #fi mix”" i#SE:s h'Liv 3C£;£: #; and pa .i'nn x'3!3}: Of' 'A o'* ivvmii'i1, E':1L'4;r3t)F3',;i: £?fondi'.ifx*' i }>:� th€: CL3m a('t DoC� wfleni:s at"d.rmly areraii.F }3 he'e)o.': fi➢ado flu ?1;*"Iti >3 f)FiJJitjF:it oa #is pal ". l!, tae k.P.pt and Pt'-fii',3CtYFE'0 M fhC, t)F#`ic§ 4kf3tj :11 lit`W :'3:'`L"`nor 4merein 8i w.g.Fiarfs, 1044 r,: Ail 52 "s Fenk txxx)r£jirm if) its tri)e mif;ri -', and YFiC-"- m1:3'.g' of t'caiha , 140vila. apf, ;,;a'ie nvfmfe:�s ahe Qey s;rf t`f£tir><"j'c4t Beach, It:^ 17I¢i£; 3iV, i;ft3>J'.olyes� and �M #Ytfi:: as the lam ' €"If date :: Hi1tt�'' ';s1€ €rEi':'y YYii:' f a €that €liy peen €zl) ihe'' ScP ?3F:, ?31 tar ?' f.im -o nt # v £XC&a'Cdi €•.iff V.0 t'um ,sne i le", ;n.',i"ti5 &-ified: E3thpr- 44se'. ihfc :tt7ii'.":iltif)(7 st`$tl vo4. 33 ilv, a part CY.!t)e SiWk) -Wkm ,5.>r£i'll,red }yemt.,,y, -and in a€€difi n to 1116 face i?YE7Cuni 5(7edfied in tN,a E ar?cat5n: f €rr Sond. ti,,ere .hraEt ho ihcikv�ed f tU and recast£aoibi£a sxac:45fras £3156 fees. gA0iU0j11j fela:+Uilc€E.a e attorney's if f,:5', inv'kirred r y the, City, t ?rs y in the ev,'+�nt l;he City m r$aquirett !0 i'srir?al an action in law 0; equity i4Iga €mss sut efy to etr€ erce the (alDi>ul& fly of this Bond. $urf; €y, iGi' S"ci1S14 ff:f Tied' slip'tilatk?S and saga{ :L"3 3Itat oo CP€ednge, .'oY e- fliiln of time" aiteration;s or E€Cl£€ €°:ion: to ti`t':i ! >rrns na thfa Coz'tfam or to tti5; 'wor7' u. €>t Defformf f,l thermjnoer o) zo the specification i:CUMP'1Q'rj:11 e tt?£: Sfame sim"i (r4 wly %vfay Ofi4.:t it -. On thin, Drive. ; nei it ±l''S,;3, 5 fwfet;q waive noti(* ud any € ?Clod chaflgf i. Px1e1$:S6f1 of fi[YiE?, �4it£?{fliifir€5,;.)1" add!iOn's of thm € ontract or to tho'N'wok tar 4 thle; soevifinalior7` >. TN! '' F "sat €.10t ) Perl;tlfr`;3i:%IiC.:^. :?f1Us °ii'SE€it f"tL i?Y;t£';i ?£1F,.'i.€ i ?r3s %1Fi ?i € ?i lri[4c°i 1;�' €iii' }''r? ^c €vii in i?3ii lnrc;'e �'nr'• Ofect for one i 7 ) yeznf f ilawl 5 the dime of forni a! q acu 'scarce U#tio prcjt: CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California ` /) SS. County of San Bernardino On July 28. 2009 before me, Cynthia J. Young, Notary Public Name and Tille of Officer (e.g., "Jane Doe, Notary Public') Personally appeared Pamela McCarthy 2�Q M. #M. # 1806614 2 ZWyNOTARY PUBLIC- CALIFORNIA SAN BERNARDINO COUNTY Comm. Expires July 15, 2012 CYNTHIA J. YOUNG Name(a) of Signer(s) 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. nalur _rotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer Title • Partner -- ❑ Limited ❑ General • Attorney -in -Fact • Trustee • Guardian or Conservator Other: Signer is Representing: Top of thumb here ACKNOWLEDGMENT ............. ...... .............................. .................... ....... same State of California County of q., ,..a, ) ss. a� On pg before me, A obrism Notary Public, per;o allya . ppeared Kev� Hoc:artUhlp who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. A.JCHNSON Commkafoa * tS11292 a Notary Pub - California San Sernardino Coumy 111 Comm. Ex g= Aug 26, 2012 (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document - Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO I COO President I Vice - President I Secretary 1 Treasurer Other: Other Information: 35 Thumbprint of Signer Check here it no Thumbprint or fingerprint is available. GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513369 -5000 • FAX 513- 723 -2740 The mmiber ofpetsons authorized by this power of attorney is not more than FOUR No. 014463 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, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on 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 PAMELA MCCARTHY SAN BERNARDINO, $75,000,000.00 SUSAN C. MONTEON CALIFORNIA FRANCES LEFLER This Power of Attorney revokes all previous powers issued in behalf of die 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 offoms and its corporate seal hereunto affixed this 10 day of, MAY , 2009. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KrrCHIN (51311 2-4602) On this I e day of MAY , 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duty sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American IasumnceC.ompany, 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; mat 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 Bound of Directors of Great American Insurance Cmupany by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior ice President, the several Divisional Vice Presidents and Divisional Assnuoa Vice Presidents, or any one of them, be and hereby is authorized. from time to time, to appoint one or mom AUorneys -in -Fact to execute on behalf of the Company, os surety, any and all bonds, undertakings and contracts ofsure yship, or other written obligations m the wtare thereof to prescribe their respective duties and the respective Imuts of then authority: and to revoke any such appointment at any time. RESOLVED FURTHER. That the Company seal and the signature of any of the aforesaid omens and any Secretary arAssistam Secretary of the Comparty maybe Mixed byfacsimile to anypoiver of attorney or ceruilirate of either given fn the execution of any bond undertaking, contractor suretyship cr other written obligation m the nature thereof, such signature and seal when so used being hereby adopted by the Compmy as the orightal signature ofsudt qfficer and the original seal of the Co>,pmV, to be valid and binding &pan the Company with the same force and effect as though manually abired CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Croat American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Bbard of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sea `% Of o 9-e- A led this Q day of , ACORD,„ CERTIFICATE OF LIABILITY INSURANCE /�°D'"""" B 4 4/2 2009 PRODUCER Phone: 909 -886 -9861 Fax: 909 - 886 -2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant Insurance Services, Inc. 735 Carnegie Drive, Suite 200 San Bernardino CA 92408 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. X GENERAL LIABILITY DTECO0413B657 09 INSURERS AFFORDING COVERAGE NAIC# INSURED Macadee Electrical Construction 4755 Lanier Road INSURERA: Travelers Prop C 61 INSURER B: Travelers Ind CO of CT 5682 INSURER C: COMMERCIAL GENERAL LIABILITY Chino CA 91710 INSURER D. INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OD' f+OLICYEFFECTIVE POLICYEXPIRATION POLICY NUMBER LIMITS • X GENERAL LIABILITY DTECO0413B657 09 2/1/2009 2/1/2010 EACHOCCURRENCE $1,000, 000 PR MISES EaE Trenee $300,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7X OCCUR MEDEXP(An one emon ) E PERSONAL S ADV INJURY $1,000, 000 X PT) DPH _ GENERALAGGREGATE $2,000,000 -.-.$51000 GENt AGGREGATE LIMI T APPLIES PER: PRODUCTS- COMPIOP AGG $2,000.000 POLICY X PRO- JECT LOC • X AUTOMOBILE X LIABILRY ANY AUTO DT8100413B657 09 2/1/2009 2/1/2010 COMBINED SINGLE LIMIT (Ea a=idem) ai4enl) $ 1,000, 000 BODILY INJURY (Pwperson) $ ALL GVVNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accgenl) $ X HIREOAUTOS NpN.OWNEO AUTOS PROPERTY DAMAGE (Pe, a OdmE B $ -..— GARAGE LJA81Lr -f AUTO ONLY -EA ACCIDENT S OTHERTHAN EA ACC $ ANYAUTO S AUTO ONLY: AGO A X EXCESSNMBRELLA LIABILITY DTSMCUP36SK603409 2/1/2009 2/1/2010 EACH OCCURRENCE S 00 AGGREGATE $ 1 OO X OCCUR 71 CLAIMS MADE S $ DEDUCTIBLE $ RETENTION 4 B WORKERS COMPENSATIONAND DTEUB5637L65 08 8/15/2008 8/15/2009 X WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNDED? ECUTIVE E.L.EACHApCIDENT S 1 000 000 E.L.OISEASE - EA EMPLOYEE $ 1 DOD. ()DO OFFICERIMEMBER EXCLUDED? YeS Nye IALPR a ISIO SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS !LOCATK)NS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: Contract #4090, Corona Del Mar Streetlight Improvement Project. he City of Newport Beach, its elected or appointed officers, agents, employees and volunteers are additional insureds a per form attached. rimary wording is included. ggregate limits apply per project. aiver of Subrogation is included as per form attached. City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92663 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED RE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER ENDEAVOR TO MAIL •30 DAYS WRITTEN NOTICE TO THE IFTCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO L IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON INSURER, ITS AGENTS OR REPRESENTATIVES. pACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 8/4/2009 at 12:01 A.M. standard time, forms a part of (DATE) Policy No.DTEUB5537L55 oS Endorsement No. Of the Travelers Indemnity Company of CT issued to Macadee Electrical Construction Premium (if any) $ (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be "% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND /OR ORGANIZATIONS THAT REQUIRE A WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND /OR ORGANIZATION WC 252 (4-84) WC 04 03 06 (Ed. 4,84) Page 1 of t COMMERCIAL GENERAL LIABILITY 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 1. 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 • Penis of fire, explosion, lightning, 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 PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named In Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section 11) Item 4.a. is deleted and replaced by the following: H. Additional Insured — State or Political Subdivisions I. Other insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day N. Knowledge and Notice of occurrence or Offense L. Unintentional Omission M. PersonalInjury — AssumedbyContract N. Blanket Additional Insured — Lessor of Leased Equipment 3. This'Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU t. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by. a. Fire; b. Explosion; C. Lightning; a. Coverage under this provision Is afforded d. Smoke resulting from such fire, explosion, only until the 180th day after you acquire Dr lightning; or or form the organization or the and of the e. Water. policy period, whichever Is earlier. A separate ffmk of insurance applies to this coverage as described In Section III Limits Of Insurance. CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by; a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph S. of LIMITS OF INSURANCE (Section Ili) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises white rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning: or water. The Damage To Premises Rented To You Limit will apply to all "property damage° proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or W- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000: or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of 'Insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: a A contract for a lease of premises. How, ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is net an "Insured contrad"; 5. This Provision B. does not apply If coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF 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 ==tied. D. BLANKET ADDITIONAL INURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section Iq is amended to Incl ids as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury' or "property dam- age" occurs or the 'personal injury" or "edvaRis- ing injury" offense is committed, to name as an additional Insured, but ordy with rasped to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of Insurance afforded to the additional insured shall be the limits which you agreed to provide in the wrlt- ten contract, orthe limf[5 shown on the Deds- rations, whichever are loss. 2. The insurance afforded to the additional in- sured does not appiy to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten - art in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurarme afforded to the additional in- sured is excess over any valid and collectible Page 2 of 5 Copyright, The Travelers Indemnity Company, 2004 CG D316 OJ 04 cows "other insurance" available to such additional insured, unless you have agreed In the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such "other Insurance ". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence ": a. Medical, surgical, dental, laboratory, x -ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section 1— Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knovdedge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission COMMERCIAL GENERAL LIABILITY together with a0 related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one `occurrence". 5. This Provision E. does not apply If you are in the business or occupation of providing any of the services described in paragraph 1. above. B. The Insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Pad. F. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY— RAILROADS 1. Paragraph c. of the definition of "assured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or lcense agreement; 21 Paragraph f.(1) of the definition of 'insured contract' (DEFINITIONS — Section V) is de- leted. H. ADDITIONAL INSURED = STATE OR POLITI- CAL SUBDIVISIONS — PERMITS WHO IS AN INSURED (Section I!) is amended to include as an insured any state or political subdi- vision, subject to the tollowing provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit_ 2. This insurance does not apply to: a. "Badly Injury," 'property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state or politicai subdivision; or CG DS 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 t� cow COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- cluded In the "products- completed opera- tions hazard ". I. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CON- DITIONS (section N), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance Is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, success, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tend rattly occupied by you with per- mission of the owner, or (4) If the loss arises out of the main- tenance or use of alrcrati, "autos ", or watercraft to the ex- tent not subject to Exclusion g. of Section I — Coverage A — Bodily Injiary And Property Damage Li- ability; or insured under any other policy, including any umbrella or excess policy. When this Insurance Is exoss, we will have no duty under Coverages A or B to defend the insured against any "suit"d any provider of "Mier in- surance" has a duty to defend the in- sured against that "suit". if no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance"_ When this insurance is excess over "other Insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of. (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self - insured amounts Bider fhat "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amount% until h has paid its applicable Emit of insurance or none of the loss remains, whlchF ever comes first. If any of the "other insurance" does rut permit contribution by equal shares, we will contribute by rings. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of lnsur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition is added to DEFINITIONS (Section tn: "Other Insurance". (6).That is available to the Insured a. Means insurance, or the funding of losses, when the Insured Is an additional that is provided by, through or an behalf at P.gge 4 of 6. Copyright, The Travelers Indemnity Company, 2OD4 CG 0316 07 04 COMMERCIAL GENERAL LIABILITY (1) Another insurance company; 2. Notice of an "occurrence" or of an offense (2) Us or any of our affiliated Insurance com- which may result in a claim will be deemed to panies, except when the Non cumulation be given as soon as practicable to us If it is of Each Occurrence Limit section of given in good faith as soon as practicable to Paragraph 5 of LIMITS OF INSURANCE your workers' compensation insurer. This ap- (Section 110 or the Non cumulation of Per- piles only If you subsequently give notice of sonal and Advertising Injury limit sections the "occurrence" or offense to us as soon as of Paragraph 4 of LIMITS OF INSUR- practicable after you, one of your "executive ANCE (Section 111) applies; officers" (d you are a corporation), one of your {3) Any risk retention group; partners who is an individual (if you are a partnership), one of your managers (if you are (4) Any self - insurance method or program, a limited liability company), or an "employee" other than any funded by you and over (such as an insurance, loss control or risk which this Coverage Part applies; or manager or administrator) designated by you (5) Any similar risk transfer or risk manage- to give such notice discovers that the "occur - ment method. rence" or offense may involve this policy. b. Does not include umbrella insurance, or ex- 3. This Provision K. does not apply as respects cess insurance, that you bought specifically to the specific number of days within which you apply in excess of the Limits of Insurance are required to notify us in writing of the shown on the Declarations of this Coverage abrupt commencement of a discharge, re- Part. lease or escape of "pollutants" that causes "bodily injury" or "property damage" which J. INCREASED SUPPLEMENTARY PAYMENTS may otherwise be covered under this policy. Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section 1 — Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds Is Increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is Increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (If you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. L. UNINTENTIONAL OMISSION The following Is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph S. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this Insurance. How- ever, this Provision L, does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state Insurance laws, codes or regula- tions. M. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following is added to Exclusion e, (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- CG.:D316 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5-of-6 a� d= cca COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section 1 — Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the Interests of the insured and the interests of the in- demnitee; 3. The third sentence of Paragraph 2 of SUP- PLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) Is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section I — Coverage B — Personal Injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and "property damage ", or damages for "personal injury", and will not re- duce the limits of Insurance. 4. This provision M. does not apply if coverage for "personal injury" liability is excluded by endorsement. IBM Page 6 of 8 N. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section IQ IS amended t0 Include as an Insured any person or organization (referred to below as " additional insured") with whom you have agreed in a written contract exe- cuted before the 'bodily injury" or "property dam- age' occurs or the "personal injury" or "advertis- ing injury' offense is committed, to name as an additional insured, but only with respect to their li- ability for "bo"i injury", "property damage ", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject. to the following provisions: 1. Limits of Insurance. The limits of Insurance afforded to the additional insured shall be the limits which you agreed to provide In the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to any "bodily injury' or "property damage" that occurs, or °personal injury' or "advertising injury" caused by an of- fense which is committed, after the equipment lease e)pires. 3- The insurance afforded to the additional in- sured is excess over any valid and collectible "other insurance" available to such addiilonal Insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or.non- corddbutory with, such "other insurance ". - Copyright, The Travelers Indemnity. Company, 2004 CG 0316 07 64 Policy No.: DTEC00413B657 09 CG 02 47 08 05 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 SCHEDULE NAME OF PERSON(S) OR ORGANIZATION($): The City of Newport Beach, its elected or appointed officers, agents, employees and volunteers PROJECT&OCATION OF COVERED OPERATIONS: Contract #4090, Corona Del Mar Streetlight Improvement Project. C WHO IS AN INSURED —(Section II) is amended to include the person or organization shown in the Schedule above, but: a) Only with respect to liability for "bodily injury", 'property damage" or "personal injury'; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule. The person or organization does not qualify as an additional insured with respect to the Independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: at In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by a "wriffen contract requiring insurance" for that additional insured, the insurance provided to the additional insured shelf be limited to the limits of liability required by that "written contract requiring Insurance ". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. b) The Insurance provided to the additional insured does not apply to "bodily injury", "property oamage" or "personal injury' arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, Including: L The preparing, approving, or failing to prepare or approve, maps, strop drawings, opinions, reports, surveys. Held orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications: and 11. Supervisory, inspecdon, architectural or engineering activities, c) The insurance provided to the additional insured does not apply to "bodily Injury" or 'property damage" caused by 'your work" and included in the "products - completed operations hazard" unless a "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily Injury" or "property damage• that occurs before the end of the period of time for which the "wrif en contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if a "written contract requiring insurance" for that additional Insured specifically requires that this insurance apply on a primary basis or a primary and non- contributory bests, this Insurance is primary to "other insurance" available to the additional insured which covers tnat person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the Insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance ". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such nodee should include: 1. How, when and where the "occurrence" or offense took place', ii- The names and addresses of any injured persons and witnesses; and I& The nature and location of arty Injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the data received; and R. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. C) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the Investigation or settlement of the claim or defense against the 'sue, and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or 'suit" to any provider of " other Insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the Insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 56 The following definition Is added to SECTION V. - DEFINITIONS: "Written contract requiring Insurance" means that part of any written contract or agreement under which you are required to include a person or organizatton as an additional insured on this Coverage hart, provided that the "bodily injury" and "property damage" occurs and the "personal Injury" is caused by an offense committed: a. After the signing and execution of the contractor agreement by you; b. White that part of the contractor agreement is in effect; and C. Before the and of the policy period. CG 02 47 08 05 $lam( I reen31 Notlmgi OZO03 The Tiaveiers Companies, Inc. Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 8/2/2009 Dept. /Contact Received From: Shauna Oyler Date Completed: 8/3/2009 Sent to: Shauna Company /Person required to have certificate: By: Jennifer Macadee Electrical Construction L GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Co of America a 91 AM BEST RATING (A: VII or greater): A +:XV ADMITTED Company (Must be California Admitted): Is Company admitted in California? LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? $ IMM /$2MM/$2MM E Yes ❑ No 1►4� ■m 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 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Properly Casualty Company of America 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? $1,000,000 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 Co of America B. AM BEST RATING (A: VII or greater): A +:XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No Auto: Additional Insured Endorsement was not provided IF NO, WHICH ITEMS NEED TO BE COMPLETED? WC: Waiver of Subrogation was not provided Check a License or Home improvement Salesperson (HIS) Registration - Contr... Page 1 of 2 F 1 M-reumvM71 Contractor's License Detail - License * 583125 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. -» CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. °» Per B &P 7071.1 . only construction related civil judgments reported to the CSLB are disclosed. _y> Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. '* Due to workload, there may be relevant information that has not yet been entered onto the Board's lionise database. License Number: 583125 _Extract Date: 07/2312009 MACADEE ELECTRICAL CONSTRUCTION Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Bonding: 4755 LANIER ROAD CHINO, CA 91710 Business Phone Number: (909) 627 -1336 Corporation 1 2/1 911 989 12/31/2009 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION C10 ELECTRICAL CONTRACTOR'S BOND This license fled Contractor's Bond number SC675360 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 0310212009 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) JOHN JOSEPH MC CARTHY certified that he/she owns 10 percent or more of the voting stocklequity of the corporation. A bond of qualifying individual is not required. Effective Date: 12/19/1989 This license has workers compensation insurance with the TRAVELERS INDEMNITY COMPANY OF CONNECTICUT Workers' Compensation: Policy Number. DTEUB56371-65008 Effective Date: 08/15/2008 https: /fwww2.cslb.ca.gov /On I ineServices /CheckLicense /LicenseDetaii .asp 07/23/2009 Check a License or Home Improvement Salesperson (HIS) Registration - Contr... Page 2 of 2 Expire Date: 08/15/2009 Workers' Compensation History Conditions_ of Use I Privacy Policy Copyright ® 2009 State of California https:// www2. csib. ca. gov/ OnlineServices /CheckLicense /LicenseDetaii.asp 07/23/2009 California Business Search DISCLAIMER: The information displayed here is current as of JUL 17, 2009 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. Page 1 of 1 hftp: / /kepler.ss.ca. govlco rpdata /S howAilList ?Q ueryCorpN umber —Cl 464309 &pri... 07/23/2009 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 CHINO, 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. Page 1 of 1 hftp: / /kepler.ss.ca. govlco rpdata /S howAilList ?Q ueryCorpN umber —Cl 464309 &pri... 07/23/2009 Encompass Detail Acct. Type: Business Tax License 9: BT30020741 Bus. 10: 0050791 Name: MACADEE ELECTRICAL CENISTRUCTIO Owner MCCARTHY, JOHN Pone 909-827 -1338 Owner C Type: Exp. Date: 9/302009 S Addy: 4755 L.ANIER ROAD S Addy 2: Addr3: CHINO CA Zip: 91710 • Addr1: 4755 LANIER ROAD • Addr2: • Addr3: CHINO, CA B Zip: 91710 Phone: 909 - 627 -1336 FEIN: 9426 SEIN:14e4309 Established: 924/2007 SIC: 5083-ELECTRICAL APPARATUS & EQUIPME Owner M 0050791 # of Emps: 0 usr1: 9399 usr2: usr3: usr4: usr5: N CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CORONA DEL MAR STRETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 52663 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. 4490 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 UNIT PRICE WRITTEN IN WORDS. PRICE PRICE Lump Sum Mobilization @ 0AA15 116"MO 6W Dollars and �- f7S Cents $ __. Per LumSum Lump Sum Traffic Control {r.c- Dollars and S� ,�- - Cents, Per Lump Sum 3. 19 EACH Remove Existing Streetlight Standard, Luminaire, Foundation, and Mast Arm Q tftr02@b Dollars and �� Cents s 3Q 5700 Per Each '�� PR2 ©f3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL _,,— AND UNIT PRICE WRITTEN W WORDS PRICE ,s PRICE 4 its A N 19 EACH Install Streetlight Standard, Foundation, Decorative Mast Arm, and Luminaire @-fhK�— Dollars - and _ _ Cents $ P51 7 $ Per Each 15 EACH Remove Existing Streetlight Luminaire and Mast Arm and Install New Luminaire and Decorative Mast Arm @11-a'II&WO � Dollars and Cents $ Per D(D $ lS0 1 EACH 1& EACH Rotate Existing Type 1€ Standard Remove Existing Pull Box and Install New #3 't: F Pull Box �AAre�(�i�00.€� Dollars and _ Cents $ co Per 8. d EACH Remove Existing Pull Box and Install New #5F Pull Box @ I'M Dollars and Cents Per Each $ Za7 --- $ s m and Per -Each-l' ._.Cents Remove Existing Pull Box and Install New #3 't: F Pull Box �AAre�(�i�00.€� Dollars and _ Cents $ co Per 8. d EACH Remove Existing Pull Box and Install New #5F Pull Box @ I'M Dollars and Cents Per Each $ Za7 --- $ s m PRSof3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL. ....._.._ANIPRICE �....UN.I...r. _ _ 'NCE WRITTEN IN WOR(75...,......._....n..�.,P,RICE 9 1() 1 EACH LUMP SUM Remove Existing Cabinet and Install New Myers Service Cabinet �rVNpR�b ►�n"-i� "'Ind Per Each Prepare As-Btrilt Drawings c Ev "I housand ..._......Dollars and Zero _ Cents Per Lump Suna�_.�___.. TOTAL. PRICE IN WRITTEN WORDS M and .� Cants July 22, 2009 (909) 627-1336 (909) 627-3772 FAX 131(1dtar s I c:1 E>Irc)i1(1, Barri: I- ax NcarTibers 583125 - C-10 Biddoi r s bcorse No(s), and Classification(s) Bidder's email address: kevin@macadee.com Dollairs ... r�_�...� Total Price (Figures) Macadee Electrical Construction, Inc. —Kevin McCarthy Bidder Bich Ata aor zod Sian aturko iaracl 1 �t 475Lanier Road, Chino, CA 91710 _.._ ..... _......._. 13'01 1(,,,r, Addre,, 1 1 2 2 K 2 2 2 3 3 3 3 3 3 3 3 3 4 4 6 -7 TIME OF COMPLETION 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CORONA DEL MAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 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 1 1 2 2 K 2 2 2 3 3 3 3 3 3 3 3 3 4 4 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 5 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 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 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Safety 7 7- 10.41 Safety Orders 7 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Businesses 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 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1.2 Concrete Specified by Class 11 201 -2 REINFORECEMENT FOR CONCRETE 11 201 -2.2.1 Reinforcing Steel 11 201 -7 MASONRY GROUT 11 201 -7.2 Quick Setting Grout 11 SECTION 300 300 -1 300 -1.3 300 -1.3.1 300 -1.3.2 300 -1.5 SECTION 303 303 -5 303 -5.1 303 -5.1.1 303 -5.4 303 -5.4.1 303 -5.5 303 -5.5.1 303 -5.5.2 303 -5.5.4 SECTION 307 307 -2 307 -2.3 307 -2.3.1 SECTION 400 400 -2 400 -2.1 400 -2.1.1 PART 3 - -- CONSTRUCTION METHODS EARTHWORK 11 CLEARING AND GRUBBING 11 Removal and Disposal of Materials 11 General 12 Requirements 12 Solid Waste Diversion 13 CONCRETE AND MASONRY CONSTRUCTION 12 CONCRETE CURBS, WALKS, GUTTERS, CROSS 12 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS Requirements 12 General 12 Joints 13 General 13 Finishing 13 General 13 Curb 13 Gutter 13 STREET LIGHTING AND TRAFFIC SIGNALS 13 CONSTRUCTION GENERAL 13 Standards and Steel Pedestals 13 Mast Arms and Luminaires 13 PART 4 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 14 UNTREATED BASE MATERIALS General Requirements f :\users \pbw%shared\contracts\fy 08 -09\cdm streetlight replacement c- 4090\specs index c4090.doc 14 14 14 CITY OF NEWPORT BEACH IBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SP 1 OF 14 CORONA DEL MAR STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4090 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. &5066 -S); (3) the City's (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 street lighting improvements, which include the following: (1) Distribute construction notices to affected businesses and residents; (2) Construction surveying; (3) Traffic control; (4) Remove & salvage existing street light standard; (5) Remove existing foundations, mast arms, and light fixtures; (6) Construct new foundations; (7) Install Contractor - fumished Type II standard (Ameron Cat. No. 6- 131 -31), decorative mast arm, and 250 watt, 240 volt H.P.S. luminaire with integral photo electric cell and enclosed ballast; (8) Replace luminaire and mast arm on existing Type II standard with new decorative mast arm, 250 watt, 240 volt H.P.S. luminaire with integral photo electric cell and enclosed ballast; SP2OF14 (9) Rotate existing Type II standard 1800. Reset on existing foundation. Remount mast arm to match existing orientation; (10) Remove existing pull box and install new #3 '/z F pull box per CNB STD - 204-L and STD - 205 -L; (11) Remove existing pull box and install new #5F pull box per CNB STD -204- L and STD - 205 -L; (12) Remove existing cabinet and base, install new Myers service cabinet, and construct new base per CNB STD - 206 -L; (13) Disconnecting and reconnecting conductors and wiring; (14) Restoring surface (full concrete panels) to match adjacent area; (15) As -built drawings; and (16) Other incidental items to complete work in place as required by the Contract Documents. 2 -9 SURVEYING 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 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 SP 3 OF 14 work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing facility is damaged by the Work and is not re- useable, the Contractor shall provide and install a new facility of identical type and size at no additional cost to the City." In addition, "in the event that an existing conduit or other substructure is damaged by the Work and is not re- useable, the Contractor shall provide and install a new conduit or substructure, including conductors, 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 shall contact Southern California Edison, The Gas Company, AT &T, 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 street lighting facilities and appurtenances. Salvaged materials shall be delivered to the City's Utility SP 4 OF 14 Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6— PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: 'The Contractor shall complete all work under the Contract within 40 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 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1St, July 4th, November 11th, December 24th , December 25th or December 31St falls on a Sunday, the following Monday is a holiday. If January 18t, July 4th, November 11th December 24th December 25th or December 31s' falls on a Saturday, the Friday before is a holiday." SP5OF14 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. All work requiring the closure of vehicular travel lane(s) shall take place between 9:00 a.m. and 3:00 p.m. only. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. 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." SP 6 OF 14 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.citv.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. 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. 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), 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 SP7OF14 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 not be stored in streets, roads, or sidewalk areas, unless special approval is obtained from the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction.' 7 -10.3 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 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. 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." SP8OF14 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses 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 General `Class A" Contractor 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 drawings 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. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. It SP 9 OF 14 shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built' Mylar drawings and CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9-3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The 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. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, obtaining an equipment and material storage site, surveying, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents and businesses. 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, temporary striping, and 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. 3 Remove Existing Streetlight, Luminaire, Foundation, and Mast Arm: Work under this item shall include removing, salvaging and delivering the existing street light standard per Section 5 -8, and removing and disposing of the existing foundation, pavement removal, excavation, temporary patching or plating, controlling ground and SP 10 OF 14 surface water, disposing of excess excavated materials, restoring surface (full concrete panels) to match adjacent area, and all other work items to complete work in place. Item No. 4 Install Streetlight Standard, Foundation, Decorative Mast Arm, and Luminaire: Work under this item shall include furnishing and installing new Type II standard (Ameron Cat. No. 6- 131 -31), decorative mast arm, and 250 watt, 240 volt H.P.S. luminaire with integral photo electric cell and enclosed ballast; furnishing and installing double fuseholder with 5 amp fuses in designated pull box; installing standard on new foundation per CNB STD-201 -L-B; and installing new 1" PVC conduit and wiring from pole base to designated pull box per CNB STD -204 -L and STD - 205 -L, backfill, compaction, restoring surface (full concrete panels) to match adjacent area, installing pole number tag to match existing, and all other work items to complete work in place. Item No. 5 Remove Existing Streetlight Luminaire and Mast Arm and Install New Luminaire and Decorative Mast Arm: Work under this item shall include removing and disposing the existing luminaire and mast arm, and furnishing and installing new luminaire and decorative mast arm on existing Type II standard with new 250 watt, 240 volt H.P.S. luminaire with integral photo electric cell and enclosed ballast; furnishing and installing double fuseholder with 5 amp fuses in designated pull box per CNB STD - 204-L and STD -205- L, and all other work items to complete work in place. Item No. 6 Rotate Existing Type II Standard: Work under this item shall include rotating existing Type II standard 1800 and resetting on existing foundation, remounting existing mast arm and luminaire to match existing orientation, restoring surface (full concrete panels) to match adjacent area, and all other work items to complete work in place. Item No. 7 Remove Existing Pull Box and Install New #3' /z F Pull Box: Work under this item shall include removing and disposing existing pull box, furnishing and installing new #3 '/: F pull box per CNB STD -204 -L and STD- 205 -L, pavement removal, temporary patching or plating, controlling ground and surface water, backfill, compaction, restoring surface (full concrete panels) to match adjacent area, disposing of excess excavated materials, and all other work items to complete work in place. Item No. 8 Remove Existing Pull Box and Install New #5F Pull Box: Work under this item shall include removing and disposing existing pull box, furnishing and installing new #5F pull box per CNB STD -204 -L and STD - 205 -L, pavement removal, temporary patching or plating, controlling ground and surface water, backfill, compaction, restoring surface (full concrete panels) to match adjacent area, disposing of excess excavated materials, and all other work items to complete work in place. Item No. 9 Remove Existing Cabinet and Install New Myers Service Cabinet: Work under this item shall include disconnecting conductors and wiring, removing and disposing of existing service cabinet and base, furnishing, constructing, installing new Myers stainless steel cabinet, base and electrical components, reconnecting conductors and wiring, pavement removal, excavation, temporary patching or plating, controlling ground and surface water, backfill, compaction, restoring surface (full concrete panels) SP 11 OF 14 to match adjacent area, disposing of excess excavated materials, and all other work items to complete work in place. Omission of this item in its entirety will not result in any compensation under this payment item. Item No. 10 Prepare As -built Drawings: Work under this item shall include all actions necessary to prepare and provide as -built drawings. These plans must be kept up to date and submitted to the Engineer for review prior to monthly pay request. 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." 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 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." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials SP 12 OF 14 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. newport- beach.Ga.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 1-Y2 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. 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 SP 13 OF 14 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 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 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." 3034.5.2 Curb. Add to this section: 'The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or W' for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -2 CONSTRUCTION GENERAL 307 -2.3 Standards and Steel Pedestals. Streetlight standards shall be Ameron Cat. No. 6 -B1 -31 and installed per CNB STD - 201 -L. 307 -2.3.1 Mast Arms and Luminaires. Mast Arms shall be Ameron 8' LMA & decorative scroll. Mast arm shall include top mount aluminum 8' LMA assembly with removable decorative top cap and decorative scroll painted with mix (0631) verde green and 2Guard Clear® protective coating, with all attachment hardware paint to match included per Ameron Dwg No. SK061707 — 8' LMA & Decorative Scroll. A protective coating, such as 2Guard Clear® or approved equivalent shall be applied to painted surfaces. SP 14 OF 14 Luminaires shall be GE Lighting Systems, Inc Streetdreams Pendant Mount Lenoir Series, #LENXLA15SOA65xOxx Teardrop with 250W HPS lamp, integral photo electric cell, and enclosed ballast. Mast Arm and Luminaire Manufacturer: Pacific Lighting Sales. Contact: Wayne Howren (949) 597 -1633. 2Guard Clear® Manufacturer: 1276 South Lyon Street; Santa Ana CA 92705; Contact: Jeff Bower (714) 542 -4002. 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." BY THE CITY C4 cmOF NEOF CITY OF NEWPORT BEACH N11 2 6 201fl CITY COUNCIL STAFF REPORT i Item No. 14 January 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 - 644 -3321 or ftse @newportbeachca.gov SUBJECT: SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM - 2009 -2010 - AWARD OF CONTRACT NO. 4189 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4189 to Grigolla & Son's Construction Co., Inc. for the Total Bid Price of $302,050.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $75,450.00 (25% of Total Bid) to cover the cost of unforeseen and unscheduled additional work. Discussion: At 10:00 AM on January 7, 2010, the City Clerk opened and read the following bids for this project: The low total bid amount is thirty percent (30 %) below the Engineer's Estimate of $430,000. While the current competitive construction market most likely contributed to the disparity between the received bids and staffs cost estimate which was developed based on the unit prices received for last year's annual project, three of the four low bidders for this project expressed their desire to work for the City again. The low bidder, Grigolla & Son's (Grigolla), possesses a California State Contractor's License Classification "A" as BIDDER TOTAL BID AMOUNT Low Grigolla & Son's Construction, Co., Inc. $302,050.00 2 CJ Concrete Construction, Inc. $307,900.00 3 Golden State Constructors, Inc. $311,075.00 4 Tal Cal Engineering, Inc. $345,777.00 5 Nobest, Inc. $349,000.00 6 All American Asphalt $414,144.00 7 Elite Bobcat Service, Inc. $428,000.00 8 Hillcrest Contracting, Inc. $478,895.00 9 Kalban, Inc. $513,089.60 The low total bid amount is thirty percent (30 %) below the Engineer's Estimate of $430,000. While the current competitive construction market most likely contributed to the disparity between the received bids and staffs cost estimate which was developed based on the unit prices received for last year's annual project, three of the four low bidders for this project expressed their desire to work for the City again. The low bidder, Grigolla & Son's (Grigolla), possesses a California State Contractor's License Classification "A" as 2009 -10 Sidewalk, Curb & Gutter Replacement Program —Award of Contract No. 4189 January 26, 2010 Page: 2 required by the project specifications and has been in the concrete construction business for more than five decades. Because of their attention to details, customer service, and professionalism, their work on our 2008 -2009 Sidewalk, Curb & Gutter Replacement Project generated the lowest complaint rate Public Works and General Services staffs have experienced in many years. In addition, staff received "Thank You" and "Commendation" letters from residents whose property frontages were reconstructed by Grigolla. This project consists of reconstructing existing sidewalk, curb and gutter, curb returns to install access ramps, root removals /prunings, and installing new tree root barriers per City standards within the Anniversary Tract, the Bluffs, and the East Santa Ana Heights communities. Pursuant to the Contract Specifications, Grigolla & Sons will have one hundred consecutive working days to complete the construction. Liquidated damages in the amount of $500 per calendar day will be assessed if Grigolla fails to complete the construction within the allotted time. Instead of a ten percent (10 %) construction contingency, staff recommends a twenty -five percent (25 %) contingency to be included in the contract award to take advantage of the low unit prices to perform additional work ahead of schedule. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant: to Section 15302 (Replacement or Reconstruction) of the CEQA Implementation Guidelines. This Exemption covers the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. 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 the nearby residents. The first notice will be distributed ten days before starting work and the second notice 48 hours prior to starting work. Other Costs: In addition to the contract costs, $2,500 is included for printing and other incidentals. Surveying, geotechnical engineering, and consultant inspection services are not required for this project. % 2009 -10 Sidewalk, Curb & Gutter Replacement Program —Award of Contract No. 4189 January 26, 2010 Page: 3 Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount General Fund 7013- C2001009 $ $365,000.00 AD 99 — Street Rehabilitation 74099 -9804 $ 15,000.00 $380,000.00 Proposed uses are as follows: Vendor Grigolla & Son's Construction, Co., Inc. Grigolla & Son's Construction, Co., Inc. Various Prepared by: Engineer Attachment: Location Map Purpose Amount Construction Contract $ 302,050.00 Construction Contingency $ 75,450.00 Printing and Incidentals $ 2,500.00 Total: $ 380,000.00 Submitted by: tephe G. Badum Public Works Director ANNIVERSARY EAST SANTA ANA HEIGHTS THE BLUFFS n LOCATION MAP NOT TO SCALE 2009 -2010 SIDEWALK; CURB & GUTTER RECONSTRUCTION C -4189 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 3� /��1, -acnla Agenda Item No. 13 January 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega, Senior Civil Engineer 949 - 644 -3347 or parciniega @newportbeachca.gov SUBJECT: VIA LIDO, VIA MALAGA, VIA OPORTO & VIA ANTIBES PAVEMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4096 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable `portions of the Civil Code. 3. Release the Faithful Performance Bond 1 year after Council acceptance. Construction Contract Summary: Construction Contract Final Cost at Benchmark Actual Contract e (days) ( Award Amount Completion Target Time (days) :Under +or ver + $575,575.00 $559,436.66 Contract Contract 60 12 +10% -2.8% Discussion: On August 11, 2009, the City Council authorized the award of this contract to All American Asphalt. (AAA). Under this contract, AAA cold milled the top layer of degraded AC and overlaid it with rubberized AC, removed and replaced broken cracked up curb and gutter, cross - gutters and sidewalk, installed root barriers for street trees and upgraded existing handicap ramps to comply with ADA requirements. Via Lido, Via Malaga, Via Oporh,- .>iVia Antibes Pavement Rehabilitation Completion and Acceptance of Contract No. 4096 January 26, 2010 Page 2 The contract has now been completed to the satisfaction of the Public Works Department. The contract construction costs were: Original bid amount: $575,575.00 Actual amount of bid items constructed: $552,992.06 Total amount of one change order: $6,507.60 Final contract cost: $559,436.66 One change order in the amount of $6,507.60 was approved for the color staining of concrete sidewalk and ADA ramps to match Lido Isle's colored concrete sidewalks pursuant to Council policy. The final contract cost, including one change order, was still less than the original bid cost. A summary of the project schedule is as follows: Estimated completion date per Master Schedule: Project award for construction: Date of Notice To Proceed: First day of work: Estimated completion date on Notice To Proceed: Actual substantial construction completion date: December 24, 2009 August 11, 2009 September 10, 2009 September 14, 2009 November 26, 2010 November 19,2009 The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Restoration or Rehabilitation) of the CEQA Implementation Guidelines. This Exemption covers the restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety. Public Notice: Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared construction notices were distributed by the contractor to the nearby residents advising them of the work. Total Project Cost In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $552,992.06 Design 111,829.90 Surveying 58,860.30 Geotechnical Testing 1,292.50 Incidentals 1,729.42 Total Project Costs $726,704.18 �) Via Lido, Via Malaga, Via Opon'...Via Antibes Pavement Rehabliitation Completion and Acceptance of Contract No. 4096 January 26, 2010 Page 3 Funding Availability: Funds for the construction c Account Description Traffic Congestion Gas Tax Prepared by: �Z' �YAUV Patrick Arciniega Senior Civil Engineer ontract were expended from the following accounts: Account Number Amount 7191- C2002021 $523,133.00 7181- C2002021 29,859.06 $552,992.06 Submitted by: