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HomeMy WebLinkAboutC-3868(A) - Westcliff Street Light Replacement• 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leflant I. Brown. MMC April 15, 2010 Mr. Chris Pesavento, President & CEO KDC, Inc., dba Dynalectric 4662 Corporate Center Drive Los Alamitos, CA 90720 Subject: Westcliff Street Light Replacement (C -3868) Dear Mr. Pesavento: On April 14, 2009, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on June 9, 2009. The Surety for the contract is Travelers Casualty and Surety Company of America and the bond numbers are 105105041 -TR, 6572535 -SA, and 82156023 -FE. Enclosed is the Faithful Performance Bond. Sincerely, &aw - 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 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 1051522119 - TR BOND NO. s21ssio5 -FE FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5.1611.00 being at the rate of $ TR -60% 7.6 per m. FE -40%7.6 VH m thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, Stale of California. by notion adopted, awarded to KDC, Inc„ dba Dynalectric, hereinafter designated as the 'Principar, a contract for construction of WESTCLIFF STREETLIGHT REPLACEMENT, Contract No. 3868 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3868 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Travalera cas wcv and sarMV CeMpM of Amerka a Federal Insurance company, duly authorized to transact business under the laws of the Stale of California as Surety (hereinafter 'Surely'), are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Eighty Thousand, One Hundred Seventy and 001100 Dollars ($680,170.00) lawful money of the United Stales of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our hairs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fad to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part. to be kept and performed at the time and in the manner therein specified, and in an respects according to its true intent and meaning, of falls to indemnity, defend, and save harmless the City of Newport Beach. its officers, employees and agents, as therein stipulated, then, Surely will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shag become null and void. 28 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, aherations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time. alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has Surety above named, on the 121h day of AUQU$t KDC, Inc., dba Dynalectric (Principal) Travekn CaNARy OW Suety Ompmy of Amerka A federal awaance Ca ny Name of Surety C.wvueeeo 8e,Al Tnv Bees l/M.ecW PAOCIKV 0" tern sewn, waraere, Ct east L to MeuYla DO aa_ Wnwn NA efma Address of Surety 7323216800 - TR 6 808. 903 -7921 - FE Telephone Ay executed by the Principal and 2008. Carr911e MaalarW. Attorney-In-Fact Print Name and Title HE NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED FIA 1TY OB-M eYCfA Sreeayro Reoammm c38MCOWRACT C3M *r 29 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California _ County of , orange — On '� � before rne. Reginp,M. Mi11er,�lota�— Pobjic Jwv -w.. Mi le:rL_aoaAeor personally appeared William B. Davenport woww a u REGWA M. MILLER CommW1on# I&UI7J Notary Public - CaroMia Orange County QMV Comm Expkw Dec 12 rror worry aw nmw who proved to MYa on ft basis of satisfactory evidence to be the person(9) whose nwrle(z) Wmersubset bed to the within instrument and acknowledged to me that haftWW executed the same in hisftk%ei[ authorized capad4(19q and that by histUmAkft slgrmkn a) on the instrument the pemonpM or the entity upon behalf of which the personaaj Wed, executed the B st1l" rt. I certify under PENALTY OF PERJURY under the laws of the State of Celffornfa that the foregoing paragraph is true and correct. wlrNESS y' and tm�aa{n Signature OP770NAL ThMO C+rWomtAUan benw is not roµAd by law. A may pee vmn v parsers rer*v on d,a dousnua and mrec pMV" boAd ra tumoral and,sartadrnwu of the Lvm to axdrer dnaanent. Description of Attached Document Tide or1Vpe of Document F7n" 1 Per VM4r>t&b-*1d Document Date: 8 - a - Of5 Number of Pages: a S+gner(s) Omer Than Named Above: CaMi►iP AA MMCth d – Capacity(ies) Claimed by 8igner(s) Sgners Name: William H. Davenport Mama U Individual t7 f ual Corporate oxloer — Tide(s): c� , o *� s clTo -- - o co 0 F1 Partner — O LknReed U General U Partner —� U Attorney in Fact ❑ Attorney in f LJ Tiustee dO11b attustee Guardian or Cormerwtor 0 Guardan or U Other: ❑ OHrer.,_ Signer is RepreeerftVg KQC Inc Signer b dba Dvmolectric dba KDC Systems — TIIWS): _ red la General oasrwrterwarv, rwmre�• armaeaea., nneas .�•a.n.e�w.urraiaax•+wHrm+trwa mnrarw a.uacraiuw..raoomeart, INVALID AM � POWER OF ATTORNEY TRAVELERSJ Farmington Casually Company St. Paul Guardiw Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurmice Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelen Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company Attorney -In Fact No. v l 101.56 Certificate No. 0 0 0 4 1 V 2 H 1 KNOW AM, MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly Organized under the laws Of the State of New York. that St. Paul Fire and Marine Insurance Company. Si. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Famtinglan Casualty Company. Travclers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, thin United Slates Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the Stare of Wisconsin (herein collectively called the "Companies'). and that the Companies do hereby make, constitute and appoint Thomas Brian, Rita Sagistano, Gerard S. Machule, Susan Lupski. Robert T. Pearson, Mary Alice J. Cortsett, and Camille Maitland of the City of Garden City , State of New York . their true and lawful Anormy(s)-in -Fact, each in their separate capacity if more than One is named above, to sign, execute, seal and acknowledge any and all bonds, re:ognizsnces, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their busyuess ofxuaram seine the fidelity of persons, guaranteeing the performance of contncu and executing or guaranteeing bonds and undertakings required or peegw4 hatin sarw+ii5ons of YtM.eednngs allowed by law. W WITNESS WHEREOF, the Companies have caused this utsi obr: nc al yhg rate seals to be hereto affixed. this day of February 2008 Farmington Casual- j'� "K` 0 ��1� Sf. Paul Guardian insurance Company Fidelity and Guaranty �tB►�ys�l� St. Paul Mercury Irmorm c Company Fidelity and Guaranty Inwra lltsderw Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casually and Surety Company of Amelia SL Paul Flre and Marine Irtcurance Company United States Fidelity and Guaranty Company Qdye' p �,pQ�tn'b i 1977 .'a°'® " 1927 mf � 1951 s�O,f{s, 'S \�F °� 's \sat ;'F °o"Oe O Slate of Connecticut City of Hanford its- By: Ot414A)' 94:t� Georg Thompson. inr race President On this the 18th day of February 2008, before me Personally appeared George W. Thompson, who acknowledged himself to be the Senior vice President of Farmington Casualty Company, Fidelity and Guaranty huurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Instuarsce Company, St. Paul Mercury Laurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America and United States Fidelity and Guaranty Company, and that hc, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p Tlf In Witness Whereof, l hereunto set my hand and official seal. My Commission expires the 30th day of June, 201 L * p�k� } 58440-5-07 Printed in U.S.A, Mane C. Teuea ik Notary Public 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lellani I. Brown, MMC June 9, 2009 Mr. Chris Pesavento, President & CEO KDC, Inc., dba Dynalectric 4462 Corporate Center Drive Los Alamitos, CA 90720 Subject: Westcliff Street Light Replacement (C -3868) Dear Mr. Pesavento: On April 14, 2009, 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 April 24, 2009, Reference No. 2009000202401. The Sureties for the contract are Travelers Casualty and Surety Company of America, and Federal Insurance Company and the bond numbers are 105152219 -TR and 82159103 -FE. Enclosed is the Labor & Materials Payment Bond. �aa u.cac , L� „ll ani 1. 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 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 105152219 - TR BOND NO. 9213 • FE LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, Stale of California, by motion adopted, has awarded to KDC, Inc., dba Dynalectric, hereinafter designated as the 'Principal., a contract for construction of WESTCLIFF STREETLIGHT REPLACEMENT, Contract No. 3868 In the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3866 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, lor, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this fond will pay the same to the extent hereinafter set forth, NOW. THEREFORE, We the undersigned Principal, and, Trevekrs CewWty wW Surety CO pmyof MwdU B Fednal innocence Coak v y duly authorized to transact business under the laws of the State of California, as Surely, (referred to herein as 'Surety') are held firmly bound unto the City of Newport Beach, in the sum of Six Hundred Eighty Thousand, One Hundred Seventy and 001100 Dollars ($680,170.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Conlract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, joinUy and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety wig pay for the same, in an amount not exceeding Hie sum specified in this Bad, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomeys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the Stale of California. 26 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to [hem or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the Stale of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall In any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from Its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been du xecuted by the above named Principal and Surety. on the 12th day of ..2008. KDC Inc.. dba Dynaleclric (Principal) Travekrs Cmiaay and Swety Company or Amwka & Fa4yol Inwranta Comwx_ Name of Surety CetMUCdon snrkx, Trnatars nena a FYUattr Ftoaucti or. rover sAa.n. Ilenfotq cr atn. rn 15 Yeuaatn Nw. R4. wrran. w one6 . F! Address of Surety 732321-000 - TR 6 909-993 -7923 - FE Telephone wu i Catnttle Matllend. AtraneyJn -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 WARN &HIS POWER OF ATTORNEY IS INVALID WITHOUT THE* 3ORDER Al' POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paid Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surely Company Tnvekrs Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 119656 Certificate No. 0 0 2 4 7 6 2 9 4 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surely Company is a curptranim duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Nut Guardian Insurance Mercury ce Company and SI. Paul Mercu Insurance Company are corporations duly organized under the laws of the State of MinrmexNa, that Farmington Casualty Company, Travelers Casualty and Surciy Company. and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Conneeticul, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and (maramy, Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Lndawriters, Inc. is a corporation duly organized under the laws of the State of W.,vunsm (herein collectively called the " Compames' ), and that the Companies do hereby make, constitute and appoint Thomas Bean. Rita Sagistano. Gerard S. Macholz, Susan Lupski, Rouen T. Pearson. Mary Alice J. Corbett, and Camille Maitland of the City of Garden City . State of___ New York __ , their true and lawful Anorney(s) -in -Fact. each in their separate capacity if more than one is named above- to sign, execute, swl and acknowledge any and all hhmd, recognizances, conditional undertakings aid other writings obligatory in the nature thereof on behalf of the Companies in their busutcss oLguarantcemg the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or m a ons �Ncc dingy allowed by law. -to `' �' ,' 18th W WITNM WHEREOF. the Cump�%have caused this ins" a"RIto -b(e: aj�the0 and �l� rate seat. m be hereto affixed, this day of nary �`�`- v[' Farmington Casualty C 0n Q10 l `���- Sl. Paul Guardian Insurance Company. Fidelity and Guaranty PUaVyR•IIO St. Paul Mercury Insurance Company Fidelity and Guaranty Instill nderwnHers, Inc. Travelers Casualty and Surety Company Seaboard Surety Co npany Travekrs Casualty and Surety Company of America St. Paul Fin and Marine Insurance Company United States Fidelity and Guaranty Company uA �lgDaror . • o`•± _• ^a y. ..ru• ,.n v • ^E r' � a: ° 197) ranr°t°® 182 O 7 a..• a SELL Y te aee t�F !•,,f �Wn,�i State of Connecticut By: City of Hartford ss. C:i:urg Thmngno. nor hce Presid- On this the 181h day of February 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, Sr Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America and United States Fidelity and Guaranty Company, and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.Tq In Witness Whereof, l hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. n Rifdl� M 58440 -5-07 Printed in U.S.A. Marie C. Teueaulc Notary PoNic 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On On._ -..t? 1;3 before me. Regirld M. Miller. No Public ion . I aw tary personally appeared William B. Davenport +T— ..�a.r sywnq who proked to me on the basis of satlslactory evidence to be the person(s) whose neme(z) is KKaubscribed to the within instrument and acknowledged to me that he4time salt executed the same in h%%atlt im auUwr¢ed capaci"Aand that by HaMmO wk mgneturefe) on the instrument the personO4 or the entity upon behalf of which the persont*aded, executed the instrument. REGINA M. MILLER Commission # 1831173 I certify under PENALTY OF PERJURY under the laws rotary PubBc - CoYamio of the State of California that the foregoing paragraph is Oronge County F true and correct. MvComm. Expires Dec 12. WITNESS ==?4A,7 �,M,S,� Signature Bps d NaYry iLLt OPTIONAL Tnmhpn Ure NomreGm beixv is not f&Q( ed by law, It msy pmve wk sWe so perwm re"W on Ure oxwrbv and Cood Pfevent kaud m removat and mosolhmem of U* Wrm to awg w domnant. Description of Attached Document r,Ueor Type aDocument LAbor And Wf7erials PG,!drnen+ 5[;pll _ Document Date: ' I a • 0 $ Number of Pte: at ,Ayer(s) Other Than Named Above: l.uwi 1 �C I✓I GI'NG►TQ Cepaclty(lee) Claimed by Signers) Signer's Name: William B_Davenoort s Name: U Individual 3 ual Xl Corporate Officer— Title(s): Secretary S CFO U 0Meer— Tltle(s):__, 0 Partner — i] Limited U General 0 Partner U General Cl Attorney in Fact U Attorney in Fad V Trustee d ❑ Trustee Tam 0-ft nre 7 Guardian or Conservator U GusrdAen or Co D oar: L) DOW. Signer Is Representing: tmC Inc. S grrer Is neserKkh¢ dba Dynalectric aba hDC systems DBaa1NNy,ywWYrme [ rm•flCm fY Bab M,Vm ea.NOt.fNOan.G 9tJti2tlp•wr/ieaileldnaq MrIaY01 nm.b:Cd Ta. Fns 1-0Oadr5eL1 POWER OF ATTORNEY IS INVALID ST POWER OF ATTORNEY TRAVELERSCasualty Cumpany St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Compauy Fi "ty and Guaranty Insurance Underwriters, Inc. Travelm Casually and Surety Company Seaboard Surely Company Travelers Casualty and Surety Company of America SL Paul Fire and Marine Insurance Company United States Fidetlty and Guaranty Company Attorney -lo Fact No. 119656 Certificate No. 0 0 2 4 7 6 2 9 4 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surely Compam Is a corporation duly organised under the laws of the State of New York, that St. Paul Firs and Marine Insurance Company, St. Paul Guardian Insurance Coripany and St. Paul Mcrcury Insurance Company are corporations duty organized miler the laws of the Stare of Minnesota, that Farmington Casualty Company. '1'raeelers Casualty and Surely Company. and Travelers Casualty and Surety Company of America ate cmpaaations duly organized under the laws of the State of Connecticut. that Ilnited State, fidehiy and Guaranty Company is a corporation duty orgamced under the laws of the State of Maryland, that Fidelity and Guaranty Iasurancc Company is a corporation ddv organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Cmtpanies "1, and Char the Companies do hereby make, cros[itutu and appoint Thomas Bean. Rita Sagistano, Gerard S. Macholz, Susan Lupski, Roben'I'. Pearson. Mary Alice J. Corbett, and Camille Maitland of the City of __ Garden City .-State of N_ ew York , their true and lawful Atl( s y(a)-in +F t. each to their separate capacity if more than one is named above, to sign, execute. seal and wkm.wledge any and all bonds, mognizames. conditional undertakings and other writings obligatory in The nature Thereof on behalf of the Companies In they business of guaranteeing the fidelity of Persons. guaranteeing the performance (if contracts and executing or guaranteeing bonds and undertakings required or p in arts'�(im` trj�Tcmding• allowed by law. `e r i ♦`'l ` lath IN WITNESS H REOF, the Comp" have caused this insert t0 0c a�ne08nd I IeR•oo are seals to be hereto affixed, this day of ., Fin LW •R� ti`: '�t`` Farmington Casualty C O vii '� SL Paul Guardian Insurance Company Fidelity and Guaranty � D��!l,l� SL Paul Mercury Irnurantt Complain) Fidelity and Guaranty Ilyltt Underwr�lers, Inc. Trarekrs Casualty and Surety Canpeny Seaboard Swiftly Company Travelers Casually and Surety Company of Ameriar SL Paul Fire and Marine Inwrentt Company United Slates Fidelity and Guaranly Company oe eta y �tMtM ®rSR ty1977 8 / 1951 u -SL SELL,: i_..y+a �: �i 0 Slate of Connecticut City of Hanford ss. Rr: Georg Thurnfw. ttict Pnesdenn lath February 2008 On this the _ day of , _ _, before me Personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Undemniets. Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guiudian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casually and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized w to do. executed the foregoing instrument for the purposes Ihemarr cmtained by signing on behalf of the corporations by himself As a duly authorized officer. G-T �rs(� 1 In Wlmasa Wbereof, l hereunto set my hand and official seal. � Tfui \ r wQ h c • My Commission expires the 30th day of June. 2011. pty t Muie C Teoeralt. Notary PuWk S i 58440 -5-07 Printed in U.S.A. State of New York County of Nassau On August 12. 2008 before me, Melissa Howard, Notary Public, personally appeared Camille Maitland, Attorney -in -Fact of Travelers Casualty and Surety Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MELISSA 90WARD NOTARY PUBLIC. STATE OF NEW YORK NO. 01X06173941 QUALIFIED IN SUFFOLK COUNTY TERM EXPIRES SEPTEMBER 4. 2011 0 TRAVELERS CASUALTY AND sURETY coAPANY of AMERICA WVRTFORD, CONNECTICUT 06193 FINANCIAL STATERENT AS OF DECEIMER 31, 2007 AS FLED N THE STATE OF NEW YORK CAPITAL STOCK $ 5.000.000 CASH b INVESTED CASH S 74576,111 UNEARNED PROALAU BONGS 3.171,42DJS/0 LOSSES STOCK 14,366,947 LOSS ADJLISTWENT EXPENSES MJESTABIT NCOLE DUE AND ACCRUED 42220,361 C011MSSIONS PREMIUM aA ANOES 19320W,= TAXES, LICENSES AND FEES NET DEFERRED TAX ASSET 43,359,889 OTHER EXPENSES REINSURANCE RECOVERABLE 7819.870 FUNDS HELD UNDER REINSURANCE TREATIES OTHER ASSETS 3,7"M CURRENT FEDERAL AND FOREIGN INCOME TAXES RENMANCES AND ITEM NOT ALLOCATED AMOUNTS WITHHELD I RETAINED BY CC3FANY FOR OTHERS PAYABLE TO PARMT, SU9810HARE3 8 AFFILIATES RETROACTIVE REINSURANCE RESERVE POLICYHOLMR OVDEND6 PROV"M FOR REINSURANCE CEDED REMURM CE NET PREWrJW PAYABLE OTHER ACCRUED EXPENSES AND LIABLITES TOTAL LIABLRES CAPITAL STOCK PAID N SURPLUS OTHER SURPLUS TOTAL SURPLUS TO POLICYHOLDERS TOTAL ASSETS 83566 1886 ' TOTAL LIABILITIES 6 SURPLUS STATE OF CONNECTICUT } COUNTY OF HARTFORD )SS. QTY OF HARTFORD I UUORENCE A SPUTA BEM DULY SWORN, SAYS THAT HE IS CHIEF 1 NANCIAL OFFICER • TRAVELERS BOND a f94ANCRAL PRODUCTS. OF TRAVELERS CASUALTY AND SURETY COWANY OF A,earA AND THAT70 THE BEST OF HIS K NOYNLEDOE AND BELIEF. THE FOREGOING S 83g0A8,1S2 907:191663 34,064809 19.747811 34.491.38 123,807214 27,876,126 597863,221 MAPS= 592372004 28APISA 9 3)40.193 smo8T1 MIAMI" MENUS $ 9DODAW 303.782.402 L0 9 1 fi'._ -t 111 IS A TRUE AND CORRECT STAT®ENT OF THE FINANCIAL commaR OF 94D CCWANY AS OF THE 3161 DAY OF DEMIDER, 2007. A CHU I Lmmum Su96cMMDAND SWORN TO BEFORE LE THIS 11HI DAY OP AARCH, 2006 I^Tt:i7ersr MARIF ('. TF.TREAULT ,b'nTan• PN7dhr ih (�rum,�111K „, f17pTi'I.N711y� rn. !76111 Chubb ER Fedeml Insurance Co Attn: Surety Department Surety ATTORNEY Vigilant Insurance Company 15 Mountain View Road Pacific Indemnity Company Warren, NJ 07059 Know All by Throe Presents. That COMPANY, a New York corporeflm an aT cary Cial Lupki, Genwd Bean, ahoF& Alice Scalers of Garden City, New York- FEDERAL INSURANCE COMPANY, an Indtana corporatlon, VIGILANT INSURANCE PACIFIC INDEMNITY COMPANY, a W(scarlfln Corporation, do each hereby constitute and Corbett, Kathleen M. Cristlano, Joseph Dobhowskl Jr. Peter F. Jones, Susan I Mattland, Diana L Parker, Robert T. Pearson, Rita Sagistano and Adrlanne Guh p tidr brn W lsefrt Atbmay Fr. Faro to exaprr1 rmdar VAII &A rMW In Q*1( una W b 00& OW *0rpwda 19012 b W CW a kr W n tidr ba W as •uay !WW a OVO WW banda W raroarutdng3 W dM wdhrge ebrpabry in are na0ae Nailed (00w tun bal bash,) Sow a axecrrled h t» muw of hakaa, W lrry knloarrrta awwrirg aaaWnp 9*tarot. and UNISON u b ft MCN6006M a afaratl ft of any SubaaaM ramrod b)n"M I ad:090cm 14"Ierns WAered, uM FEDERAL INSURANCE COMPANY. YW aaNT INSURANCE COMPANY. W PACIFIC thwapmada WafrOoM lretowpaw ea0k an ta317th Jaya May ,2007 Krefetr C. W0erd0, AtWWnBeoNerY —% DeMd §,ll a. V. vka STATE OF NEW JERSEY CaaryaSoawaO n. on INS 17th day d Mari 2007 bdan M. a NOWY Pub4 of New Jersey, PrSMW cane Ka1rN C. Wwft b na bbaw b be AW Wd Swdry d FEDERAL INSURANCE COMPANY. VKYANT INSURANCE COMPANY. and PACFIC emEt,Nm COMPANY." aonpyWa tkh execabd to breadng Paw of Aftmey. and tlu Said Kkw*M C, WOWA bOV by me d* saom, db depoll W lay trl In Y A03fat SwaaWy d FEDERAL INSURANCE COMPANY. VIGILANT N81JgANOE COMPANY. W PACIFIC NOEMIBTY COMPANY W bwin to a xpoata apb urea, aW Ara wW atlad b to bM0okh1 Pwr dAlorney ere vAh w- 1 0103 and we frwab aand by a *M* of er Sy Lap of SOM Cwrpadar. W OW M 09eu Sob Pawn d Marv/ a As"al smvbq d uM CW"Wd s by aka VA'WV. W "he Y 00*ok yd wbr Dow B. Nods, Jr. W lows hYrr b W vbe PrawdOra a a0d CarrpaaeR W rod M SW %kn d DOW B. Nwft Jr. wheabad b ub Power d A►wnay b in Ne pmkw Iwo w&4 of Dab a. Maria, Jr, 1M was Carob aft wbed by &A** d uM By Lies W in d3Poaart'S preewioa. NOl Corrwrl14 0iior16.rpird N*" N293yo OON awlwbp C1. 43,1004 U NaaY CERTIFICATION Email Mom tw Sri Lawn of FEDERAL INSURANCE COMPANY. VIGILANT NSUW" COMPANY. W PACIFIC INDEMNITY OOMPAW Al parrs d afanry brand n bef Wt of ar Cenpary mry W OW ba w e& W b Ne n rej W on bduN of tw Compry, soar by be Cldmrn a M Prubra a a We Probed a n MYtaY Ape AssWorl obrfy Krfr er Sawdary or an Aabrd Se aawy, Ndw eral ralpw dulpu/oa. Tb1 410M as Of nth ODOM may be rpraeq phad a 2hopap ee; The *Wnskm d oath atr ldarinp eaberS: Chakmaq PrrJon any Vba Ruwant w AWOra Moo PralklerK, ary 6awday, ay AaaW W BawYry rW NIL a0 d er Caupay mry la aa6nM Rry arabola b Fry pwx d atlwnay a b ry ertluk3 tdYtq errab appoMrrp AaabW fiapialeAa a Abmlyi b. Fad tr pupow orrjdaarmint Ira atuiq baW1 aid rMObbnps W atlw adrp3 ONQw y btu nWa owed. W arty *0n Pow- d admwy a mrtlmr 1 p war " , I - 00raan a WeIrote apt ohm be Visa W bkWng rppre Ire Cwrpry W MW arch prow w waibd W mrUled by nwh bwirnk agrabes Ina IaWeeta aedehal be vatd W thin upn fro Compry trfh rapes b anybw d a udaf0wp b Waft t Y abedW.' . _. L Kwarer C. WerdK Aabtad Saadary d FEDERAL INSURANCE COMPANY, MGIANT N8URAHM OOMPANY, W PACIFIC INDEMNITY COMPANY (ere �Carrprt3r) do ArWyoreM er m fre brapdp ataadtr Syknw dfr WmpaiplIfeard (� er CWWAN w arty Torrid and auabrtmd b trrrad 3uray buelrut h r W d tr IAiY30 8laa dArrrrba W eM Dbkld d fbkaabb W n aWlor410 by to US. Tie" DpranwR Patrw, Federal W V411aw we to aW h Puwb Rica and Yee U.S. Wph kMF4%, rod Federal b forrld h Amrbn Soma, Cara. W each of tw Prove cicada aopf Prvwe Edawd k nil; W PB Info epdrp PowwdAtbmsyb br. ammd W h MA kwa W lfom Mayen wwor ny hard W *0061 of tab Carped" 0 warren, NJ ede 12th day of August, 2008 Karma IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM. VEFWY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER )' LEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY TeMplwne (SOB) 903 3493 Fax (ON) 903- 3666 04n* 4ae41%dKlbb.o0m Form 16-10- 022511- U (Ed. 5- 03) OONswr 0 0 State of New York County of Nassau On August 12. 2008 before me, Melissa Howard, Notary Public, personally appeared Camille Maitland, Attorney -in -Fact of Federal Insurance Company personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MEUSSA ovum NOTARY PUBLIC, STATE OF NEW YORK NO.O/HO8173S41 QUALIFIED IN SUFFOLK COUNTY TERM EXPIRES SEPTEMBER 4, 2011 0 s FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2007 (n thousands of dollars) ASSETS Cash and Short Term Investments ............. $ 268,650 United States Government. Stale and Municipal Bonds ......... ............................... 11,760,927 Other Bonds ................. ............................... 3,748, 134 Stocks ........................... ............................... 1,228.819 Other Invested Assets ............. _.................. 1,813,473 TOTAL INVESTMENTS ............................. 18,820,003 LIABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Loss Expenses._. $ 11,665,892 Unearned Premiums ....... ............................... 3,576,372 Reinsurance Premiums Payable ............... 388,475 Provision for Reinsurance ............................ 152,814 Other Liabilities ...... .. ....... ............... ....... ......... 1,010.325 TOTAL LIABILITIES ......................... ._......... 16,793,878 Investments in Affiliates: Chubb Investment Holdings, Inc .................. 2,488,838 Capital Stock .................. ................................. _ 20,980 Pacific Indemnity Company ...._ ....................... 1,842,863 Paid - In Surplus ............ - ............. .... ....... .... 3,106,790 Chubb Insurance Investment Holdings Ltd.... 886,556 Unassigned Funds. ............. . .......................... 9,749,409 Executive Risk Indemnity Inc ......................... 820.609 CC Canada Holdings Ltd... - .......................... 567,070 Great Northern Insurance Company ............. 374.275 SURPLUS TO POLICYHOLDERS_......_ 12,877,179 Chubb European Investment Holdings SLP.. 304,522 . Chubb Insurance Company of Australia ....... 178,307 Vigilant Insurance Company .......................... 150,317 Other Affiliates ................ ............................... 257.152 Premiums Receivable ...... ............................... 1,552,350 Otter Assets .......... ... _ ...... _ ............................... 1.428.195 TOTAL LIABILITIES AND SURPLUS TOTAL ADMITTED ASSETS .............. S 29,671,057 TO POLICYHOLDERS ..... _ ............ _ ..... _ $ 29,671,057 Investments are valued in accordance vAth requirements of the National Association of Insurance Commissioners. Investments valued at $478,269,830 are deposited with government auUtorities as required by law. Form 27-10-0073 (Rev. 445) A CORRECT STATEMENT: Aw6WOMONCaW ARM" - In - Fact Can9e Maklatd Recorded in Official Records, orange County RECORDING REQUESTED BY AND Tom Daly, Clerk- Recorder 9 `V WHEN RECORDED RETURN TO: lNpNO FEE City Clerk 2009OW20240101:16pm 04/24/09 1 s City of Newport Beach 0.00 0 00 0.00 U 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard Newport Beach, CA 92663 :". rT "Exempt from recording fees pursuant to Government Code Section 27383" Kfz NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, Califomia, 92663, as Owner, and Dynalectric, of Los Alamitos, California, as Contractor, entered into a Contract on August 12, 2008. Said Contract set forth certain improvements, as follows: Westcliff Street Light Replacement (C -3868) Work on said Contract was completed, and was found to be acceptable on April 14. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. 0 `V U Uj :". VERIFICATION Works Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. j Executed on Ayr I/ !�W y at Newport Beach, California. BY O(e Y 'inn S J�W � City Clerk r • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC April 15, 2009 Orange County Recorder P. O. Box 238 Santa Ana. CA 92702 RE: Notices of Completion for the following projects: 1. Traffic Signal Modernization Phase 1 Construction (C-3975) 2. Traffic Signal Modernization Phases 2 and 3 (C-3M) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincere) 1r / 'V 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 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT APR 14 70nq TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon, Associate Civil Engineer 644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: WESTCLIFF STREET LIGHT REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3868 Recommendations: Accept the completed work. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On August 12, 2008, the City Council authorized the award of the Westcliff Street Light Replacement project to KDC, Inc., dba "Dynalectric, Inc." The contract provided for the replacement of obsolete street lights that were installed more than 40 years ago and the replacement of steel poles with standard concrete poles, as well as deteriorating conduits, conductors and concrete pull boxes. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $680,170.00 Actual amount of bid items constructed: $740,899.44 Total amount of change orders: $8,587.32 Final contract cost: $749,486.76 The increase in the actual amount of bid items constructed over the original bid amount resulted from extra conduit conductors and additional concrete pull boxes. In addition, there were four change orders totaling $8,587.32. The change orders were for the following: • Westdiff Street Light Replacement- Comple Acceptance of contract No. 3868 April 14, 2009 Page 3 Funds for the construction contract were expended from the following accounts: Account Description Account Number Street Light Conversion Program 7013- C2202000 Coast Highway Sidewalk 7254- C2002005 Improvement Program Prepared by: Alfre Castanon Associate Civil Engineer Total: Submitted by: Amount $747,337.03 $2,149.73 $749,486.76 e (. Badum Public Works Director CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT h.. V d 27t :;.! i Agenda Item No. November 27.2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon 949 - 644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: WESTCLIFF AREA STREETLIGHT, SAN MIGUEL AND BONITA CREEK PARK LIGHTING IMPROVEMENTS — REJECT ALL BIDS FOR CONTRACT NO. 3868 RECOMMENDATION: Direct staff to reject all bids. DISCUSSION: At 10:00 a.m. on November 13, 2007 the City Clerk opened and read the following bids for this project: BIDDER . 3F1166-Z,6 Low Pro Tech Engineering $765,638.75 h.. V d 27t :;.! i Agenda Item No. November 27.2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon 949 - 644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: WESTCLIFF AREA STREETLIGHT, SAN MIGUEL AND BONITA CREEK PARK LIGHTING IMPROVEMENTS — REJECT ALL BIDS FOR CONTRACT NO. 3868 RECOMMENDATION: Direct staff to reject all bids. DISCUSSION: At 10:00 a.m. on November 13, 2007 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Pro Tech Engineering $765,638.75 2 Steiny & Company $1,032,038.00 3 Freeway Electric $1,045,780.00 4 TDS Engineering $1,172,135.00 The low total bid amount is 33 percent above the Engineer's Estimate of $579,150. The disparity between the estimate and the actual bid prices reflect the increase of the cost of plastic and copper supplies. The low bidder, Pro Tech Engineering, possesses a California State Contractors License Classification "A" as required by the project specifications. However, their performances on previous contracts with the City have been unsatisfactory. More specifically, Pro Tech Engineering was awarded the Balboa Peninsula Streetlight Modifications project in June 2001. There were numerous problems throughout the project concerning inferior quality work, uncompleted work, and incorrectly installed facilities. Work performance presented safety problems to the City such as missing ground wires and exposed fuses and wires. Extensive corrective work was required extending the final project completion date and resulting in costly change orders. Westcliff Streetlight Improvement and Bonita Creek Park Ughting Improvements — Reject all Bids for Contract No. 3868 November 27, 2007 Page: 2 Project Description: The Westcliff Streetlight Improvement project involves replacement of obsolete streetlights that were installed more than 40 years ago. The Bonita Creek Park and San Miguel Park Light Replacement project provides for the replacement of deteriorating park light. Both projects focus on the replacement of steel poles with standard concrete poles, as well as deteriorating conduits, conductors and concrete pull boxes. Fundinq Availability: The following funds are currently available for the project: Account Description Account Number Amount General Fund 7013- C5300035 $ 593,500 General Fund 7015- C5300895 $ 125,000 Total: $ 718,500 Since there are insufficient funds for the award of this contract and the low bidder has a poor work history with the City, staff recommends rejecting all bids for Contract No. 3868. Staff intends to move forward with re- bidding the Westcliff Area Streetlight Improvements as a separate contract and bundling together the San Miguel Park and Bonita Creek Park Park Lighting project with the future Buffalo Hills Park Lighting project. Prepared by: 0A� Alfrea Castanon Associate Civil Engineer Attachments: Bid Summary Submitted by: S(ephep G. Bad-Urn P64Li^orks Director CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ENGINEER'S ESTIMATE: PROJECT MANAGER: SUMMARY OF BID RESULTS DESCRIPTION ENGINEER'S ESTIMATE PRO TECH ENGINEERING (LOW BIDDER) I STEINY & COMPANY 2ND FREEWAY ELECTRIC (3RD) TDS ENGINEERING MINCO CONSTRUCTION 8TH WeskllffArea $482,073.33 $849,268.75 $801,826.00 $937535.00 $1,029,880.00 $1,180,800.00 Boma Creek Park $50.113.33 $88,870.00 $77,068.00 E63,060.00 $79 650.00 $165,400.00 San Miguel Park $66,863.33 47,710.00 $53,123.00 $45,185.00 562,605.00 $54,200.00 TOTAL $578,150.00 $765,638.75 $1032038.00 $1 45780.00 $1172,13500 $1,410,400.00 AS BID AMOUNT $1,033,036.00 $1,046,780.00 $1,171,685.00 MummXpb Mretemhaca004000 SUMMARY Paget • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Westelitf Are• 3treetOgM, San Miguel & Bonita Creek PMk Lighting lmptoyernends BID LOCATION: Cky Clerks Omke- CM Nell CONTRACT NO.:, C-8esk DATE. 13-N" TIME ig:0CAM ENGINEER'S ESTIMATE: 9679,180.00 BY: AC CHECKED: DATE: 11/1&2007 PROJECT MANAGER: Alfnd Caetanen WESTCUFF AREA STREETLIGHT I ENGINEER'S ESNMATE PRO TECH ENGINEERING STEINYANDCOMPANY FREEWAY ELECTRIC ITEM DESCRIPTION QUAN ITY I UNIT I AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT i Final RedBneA Bulk Plane 1 LS $600.00 81500.0D $376.00 $375.00 $1000.00 $1000.00 $3000.00 $3000.00 2 MobllpalbNDemobilsetlon and Cleanup 1 LS 62153.33 $2153.33 $1,875.00 $18]6.00 $110,000.00 $10000.00 $40,000,0D $40000,00 3 Tramc COmrol f LB =DMOD 000.00 66250.00 $6,250.00 4500000 $5000.00 $00000.00 i 64D 000.00 4 Replace Eislin Sft9 MStanded Wft Type I 4 EA $3000.00 $1 000.00 $4000.00 1600D.01) $4,110.00 $18440.00 $3150.00 $1 800.00 5 Re law Mcwting Stnewtilght &landed With Type ll 2 EA $3,000.00 so'com 0 $5000,00 (I000.00 Imilaom $7720.00 $4925.00 $9850.00 6 Relocate Burden Type ISMndom 1 EA $1000.00 $1000.00 $Z5w.00 $2,500.00 46&00 $2,468.00 $4,10MM $4100.00 7 Replace Lummalre on Belong e l Standard 149 EA $ 200.00 629 800.00 $300.00 s"'700.00 $500.0D $74,500.00 $600.00 $89,400.00 8 Replace LunOraln on Boding Type D Smnderd T7 EA "mm 66100.00 6360.00 $696000 $5110.00 $10200.D0 $700.00 $11900.00 9 Reset Existing Stmetilght Stan rd 22 EA $500.00 $11000.00 5300.90 $6,600,00 semm $13420.00 6480.00 0 10 Install Concrete Pull Box 100 E4 175.00 634476.00 6360.00 $68,950.00 $151.00 $29747.00 .00 488960.00 tt RemOn Eda6n Pull Sox 57 EA $1410.00 00.00 .00 1 960.00 15.00 $17956.00 ,00 00 12 Replace Boxing PO Box 23 EA $175.W 025.00 .00 060,00 192.00 $4418.00 sm.00 00 13 InsW NO d w12-dB Insulated COnductus 27730 LP $11.00 030.00 $14.00 3&98220.00 2200 10080.00 S21.0D 00 14 Instill PVC Conduit wM#8 Insulated Conductor 1200 LF $12.00 $14400.00 18.00 19200.00 $40.00 $48000.00 522.00 0 1$24�.W 15 IndWI PVC Conduit wMAB Insulated Cendueton 155 LF $13.00 $2016.00 .00 426.01) 505.00 13175.00 .00 $4650.00 16 Invall 2#8 Insulated Conductors 1650 LF $200 300.00 80 620.00 $1.10 1815.00 $3.50 $16,500.00 17 lesion 4#B Insulated Conductor 125 LF .00 6.00 $3.96 A76 $9.00 $1 125.00 .00 $1,250.00 18 install $-a brsl9ated Canduclo" 100 � LF $4.90 .00 $6.00 80000 1500 1 600.00 SSOD $1,000.00 19 ModV Exaftly Service Cabinet 1 EA $260.00 Imall sm.m ,00 stemoo $150D.00 $800.00 $600.00 20 Cl"n and Pad BdMln Meet Arm 97 EA .00 19400.00 .00 $38800.00 .00 629686.00 $260.00 220.00 21 R law BtlsO Sidewalk Panel 1 EA .00 5300,00 $ 600.00 $ 600.00 200.00 200.00 52000,00 $2000,00 EE $4821373.33 LOW $648 258.75 2ND $901 826.00 3R $93753500 AS Bn0 AMOUNI t.WwY4bNeMredaoMreaM601Yd31D $umuumv MOe1 • E ENGINEER'S ESTWTE TOS. ENGOfEERM mm CONSIRUCRON ITEM DESCRIPTION QUANTITY I UNIT I AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Final Redline A aWS Plans 1 L6 s6m.00 I $800.00 ,00 $500.00 5000.00 000.00 2 MoblllzeOOnrDemobllizaticn and Cleanup 1 LS $1,450.00 $1,450.00 $98,600,00 $88,500.00 =000,00 $25000.00 3 Traffic Conrad 1 LS $2,000,00 $2,000.00 $37,000.00 $07,000,00 920000.00 $20000.00 4 R903c, Edift Slesaftht Standad WM 1 4 EA 93000.00 12wo.00 $6800.00 200.00 10000.00 540000.00 5 Replace Edflina Sbeetfight SSndad With Typo ll 2 EA $3,000.00 (I000.00 56,400,00 $13,200.00 $10,000.00 920000.01) 6 Relocate Bx IStandad 1 EA $1,000.00 111,000.00 $3800.00 $3,800.00 95000.00 000.00 7 Replace Luminaln on Existing Two I Standard 149 EA $200.00 429 800.00 $M.DO $141,55MOO $750.00 S1111,750.00 8 Replace Luml"Im on Egstina Tvoo Il Standard 17 EA $3w.m g.100.00 $076.00 jsmoo V50.00 $12,760.0 9 Reset EAfto Suselightlitandald 22 EA OW.00 911000.00 $400.00 sis.moo U.0m.00 986000.00 is Install Concrete Pull BOx 197 EA 3176.00 47500 $2w.m $49.2110.00 9860.00 488960.00 11 Remove Eldding Pub Ba 57 EA $11W.DD 650. ,00 $19950.00 4300.00 $17,100.00 12 Rejelso, Emerging Pull Box 23 EA $176.00 i4 026.00 $300.00 $6,00ixw .00 $1/ 600.00 13 Inemil PVC Conduk wf24uI Insulated CenduMm 27.730 LF 411.110 4906030.00 1120.00 $664.60d00 $2540 $693260.00 14 Install PVCCondU1W448 ImUtatsd Conduced, 1,200 LF V2,00 14400.00 %W.00 524000.00 MOD 000.00 16 Ins IIPVCCondukw/646tnsuiaWOOnduM 165 LF $13.00 42016 .00 $21.W 25600 $30.00 $4650.00 16 InStAl19N8 lneuhted CaMUdon 1650 LF $2.00 $3,300.00 $4,00 800,00 1000 $16,500.00 17 Install 448 Insulated Canductom 125 LF $0.00 $375.00 115.00 $6Z.00 $10.00 $1,250.00 18 [null 6d16 Insiaw d Conducted, 100 LF sA,0C .00 $6.00 MOD $10.00 $1,000.00 18 Meal RLO-m Service 1 EA sm.02 .00 $100.00 V00.00 $5000.00 $5,000.00 20 Clean and Paint E sdn Mast Arm 97 EA 4200.00 518400.00 V00,00 $19400.00 4300.01) 929100.00 t.WwY4bNeMredaoMreaM601Yd31D $umuumv MOe1 • E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: wastol66Aree IMnM119M, son MlyueidBOnhm Cmek Palk UahtlnO lmprowmerds BID LOCATION: COY Clerk's Office -City Nall CONTRACT NO.: c-5865 DATE: 13•NuY47 TIME: 10:00 AM ENGINEER'S ESTIMATE: $670.160.00 BY: AC CHECKED: DATE: 11!1312007 PROJECT MANAGER: Alfred Catanon BONITA CREEK PARK ENGINEER'S ESTIMATE PRO TECH ENGINEERING STEINYANDCOMPANY FREEWAY ELECTRIC ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT I Final Redline As -BU1R Plans I LS $500. SM0.00 .DO $50.00 51000.00 6100D.00 S10DO.00 $1000.00 2 MoblllxatonrDemoblinatbn and Claanu I LS $2203.33 $2203.33 $2000.00 1000.00 $2500.00 $2500.00 53000.00 $3000.00 3 Taal k Control i LS $2 000.00 $2000.00 $200000 $10000.00 $1 000.00 $1000.00 $4 DDOAD $4.000.00 4 InsMllNmv e1SIaMeM 12 EA 000.00 536000.00 000.00 $0 MZOO.OD $50400.00 83700.00 $37200.00 5 Rs EMetl Foundationw Puff Star 12 EA 5500.00 $6000.00 $750.00 0 $150.00 MS4,02D.OD0.60 400.00 $700.00 58400.00 6 Install Insulated Conductors 1.340 LF $2.00 #850.00 .00 D 56.60 57501.00 53.60 54090.00 7 Motl Btle6 SeYACe Cabinet 1 EA $250.00 $250.00 $200.0 100.00 1786.00 $1765.00 5600.00 $600.00 8 krstell PVC ConduO S lnsulatetl Contluetors 160 LF 00 .00 520.00 $19.00 $47.00 57620.00 $26.00 $4 160.00 EE 113.33 LOW 4TH 2ND 877069.00 3RD 589060.00 AS BID AMOUNT AS BID AMOUNT l:YCers�pbWStereduarbeeM0.01YSID SUMMARY Pw1 ,r 7 u u ENGINEER'S ESTIMATE TDS ENGINEERING MINCO CONSTRUCTION ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT AMOUNT 1 Final Redllno AsBuilt Plana 1 LS 5600.00 5500.00 $50.00 560.00 $1 000.00 2 MoblltaadonfDomobllhadon and Cleanup I LS 150000 1600.00 1000.00 $1000.00 $5000.00 3 n Control 1 US 00000 000.00 $10000.00 10000.00 000.00 4 Instill NM ISWndard 12 EP. OOOAO 6000.00 $46DO.OD $55200.00 $ $120000.00 5 Re ace EMed Foundadon will Pu68ox 12 EA $500.00 $6000.00 $425.00 100.00 0 45m 12000.00 6 Instill Insulated Conductors 1340 LF $2.00 $2660.00 $4.00 $6360.00 0 $13400.00 7 Mod Exledn SwAcs Cabinet t EA .00 0.W 100.00 5100.00 0 $6000.00 6 lnstall PVC COndult B Insulated Conductors 160 LF .00 5480.00 $19.00 $3040.00 0 $4000.00 EE $49410.00 4TH 660.00 $16N400.00 AS BID AMOUNT l:YCers�pbWStereduarbeeM0.01YSID SUMMARY Pw1 ,r 7 u u CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: WfNal07Am Stroe019hL San Miguel E BenNa Cmk Park L19MIn91momamallb BID LOCATION: CM Clarks OMce • CM Hall CO0 OTNO.: c4m DATE: 13-NOV-07 TIME: 10:03AM ENGINEER'S ESTIMATE: 5879,150.00 BY: Ac CHECKED: DATE: 11/132007 PROJECT MANAGER: ANted Caamnen SAN MIGUEL PARK ENGINEER'S ESTIMATE PRO TECH ENGINEERING STEINYANDCOMPANY FREEWAY ELECTRIC ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Final Redline AsBulb Plana Final RSUline As-Built Plans 7 600.00 5600.00 $200.00 $200.00 $1000.00 $1,000.00 $1,000.00 $1,000.1>0 2 MobillzaWnNemoblllinabon and Cleanup MONIIzaeon/Demob01za5en and Cleanu 1 $2423.33 423.33 52000.00 $2000.00 000.00 $2000.00 52000.00 000.00 3 Tm7lk Coml TmSk COnNOI 1 000.00 $2000.00 $2000.00 $2000.00 $1000.00 1000.00 54000.00 $4000.00 4 Install New Bellsme Install New Bollards 13 000.00 000.00 $2200.00 $28800.00 640.00 $33020.00 $1900.00 $24700.0 5 Re roEMstln Foundation w30 FUII BOX j1EA 13 $7461.54 $18000.00 $760.00 $9760.00 5450.00 $5860.0 $700.00 $9100.00 6 Inste1124`8 Insulated Conducts+ Inelall 248 lnaulabd Cendue !$ 320 $2.00 $840.00 $3.00 $960.00 $&40 $1088.00 $3.50 $1720.00 7 Modify Existing SerAm Cabinet Mad Etditln Semke Cabinet 1 3260.00 5250.00 00.00 $=.Do 51765.00 31765.00 3800.00 5600.0 8 Install 458 insulated Conduct" InuWl 4-0 Insulated COndumero 1050 S3.00 $3160.00 $4.00 $4.MW $800 $8400.00 $3.60 $3676.00 BE $w.qm.m LOW $47910.00 2ND $5312&00 1 3RD 45195.00 As BID AMOUNT $54,123.00 $48195.00 AS BID AMOUNT • F f.Wada`pbWMndeeMroel'AD•maBID SUMMPItY Feae1 ENGINEER'S ESTIMATE TOG ENGINEERING MINCO CONSTRUCTION ITEM DESCRIPTION QUANTITY UNIT I AMOUNT AMOUNT UNIT AMOUNT 1 Final RSUline As-Built Plans 7 LS 5600.00 SW0.00 550.00 $7000.00 $1000.00 2 MONIIzaeon/Demob01za5en and Cleanu 1 LS f1720.00 $1720.00 1000.00 10000.0 310000.00 3 TmSk COnNOI 1 LS S200D.00 32000.00 $10,000.00 $5000.00 36000.00 4 Install New Bollards 13 EA 41000.00 13000.00 1$29MOO 380.00 .00 500.00 5 Re taro FSben Feundation with PUII Bex 13 EA 1481.64 519000.00 $5520.00 1000.00 $13,000,03 B Inelall 248 lnaulabd Cendue !$ 320 LF $2.0 $640.00 1 80.00 570.00 $ 200.00 7 Mad Etditln Semke Cabinet 1 EA 00 $250.00 100.00 $5000.00 000.00 e InuWl 4-0 Insulated COndumero 1050 LF $3.00 $3150.00 58300.00 $10.00 $10500.00 BE U0.2mom 4TH 58250500 1 5TH I $54200.00 AS BID AMOUNT • F f.Wada`pbWMndeeMroel'AD•maBID SUMMPItY Feae1 r 4 • 9 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 10:00 a.m. on the 22nd day of July 2008, at which time such bids shall be opened and read for WESTCLIFF STREETLIGHT REPLACEMENT Title of Project Contract No. 3868 $840,385 Engineer's Estimate 4 by ,When G. Badum blic Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE http://www.citV.newport- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification "A" or'C -10" required for this project For further information, call Alfred Castanon, Protect Manager at (949) 644 -3314 J • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 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 + • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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. 55o1175 Pt,B CIO,C�,C3i,cy{� Contractor's License No & Classification KDC INC. dbo MALECTRIC Bidder Authorized &gnaturelPitle WUMILDAVEIIEMCFO— Q °J@L%`TrectS. TUlu_ Okck— P ayug Date 0 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT—NO. 3868 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter City, In the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% of Amount Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of WESTCLIFF STREETLIGHT REPLACEMENT, Contract No. 3868 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract Is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this stn day of DYNALECTRIC 4462 Corporate Center Dr., Los Alamitos, CA 90720 Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY E-" Name of Surety hornall Street Edison NJ 08837 Address of Surety (732) 321 -5600 Telephone July / .2008. ^WILI NN B.Dt��'MCFO—V P,sec- �tzeas. Authorized Agent ignature RITA SAGISTANO, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ?Lliv= v_�..�•.� -. ?., ar., a. an..:> vc�..as_:.s:a�taS>,:ac.= �".'�.. at,» �xL.am,:ai Z>.ca.,�•.�•,as � ;,:�,;.�a; i�i�a;,.:>._ �c,. >,=.v��.�,��S;�a<::a._�nt,.avaf State of California 1 County of Orange Ji On July 22nd, 2008 before me, Elaine L. FlWela. Notary Public Date more InsaH Name ano Tige of the Otllcer personally appeared William B. Davenport Name(s) W 9gner(s) ELAME L. HOYUELA Commisalon N 1678214 -� Notary Public . California �• Orange County fvly Comm. Expkea Jun 27, 2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(�J whose name() is/cW subscribed to the within instrument and acknowledged to me that he1ft1t4y executed the same in hisA*r /tWir authorized capacity(liliz), and that by hisA*/tffdlr signature% on the instrument, the personA, or the entity upon behalf of which the persono) 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 signature of Notary PUNIC 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: Bidder's Bond Document Date: July 8th, 2008 Number of Pages: 1 Signer(s) Other Than Named Above: Rita Sagistano Capacity(ies) Claimed by Signer(s) Signer's Name: William B. Davenport Signer's Name ❑ Individual ❑ In ' ual N Corporate Officer— Title(s): V.P.,See.ITreas. ❑Corpora icer— Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ ' ed ❑ General ❑ Attorney in Fact ❑ Attorney in Fact 1:1 Trustee Top of thumb here El Trustee • Guardian or Conservator ❑ Guardian or Cons or • Other: ❑ Other: Signer Is Representing: Si $ Representing: KDC Inc. dba Dynalectric - �0.: L. 4�✓ 1L, 5'. vGVi' riG 'ei- e>:vG<.L�'/ ^eiO::G\✓n ✓5'a 'ei 'x,5'�G'sL "'/1"✓.6'v ' %5'<LG(+�' C%,R'�,vG�lG•�G'+/G. ✓,✓G'• ✓G\ Bidder's Bond.max Al' POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Canpany of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219656 Certificate No. 0 0 2 3 5 6 0 1 7 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Memory Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupsld, Robert T. Pearson, Mary Alice J. Corbett, and Camille Maitland of the City of _Garden City , State of New York , thew we and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their,business ofguaranleeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pVyFQt sFinvat&ns o Vrgceedings allowed by law. 18111 IN WITIf�S WHEREOF, the Comp have caused this instr to`be rre�. d tF t cpr orate seals to be hereto affixed, this day of a ruary Farmington Casualty �f' t St. Paul Guardian Insurance Company Fidelity and Guaranty, � BgsApaq��F,, St. Paul Mercury Insurance Company Fidelity and Guaranty law i@Ilhe'lJnderwr $ t'ers, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company am rxOFt •O ' 9 0 .Fx ixs ' EA axo �J ti, C,l. Gq �e.� ��.... y •T"` }p,*'gry s�tr'yb e 6 O 1977R1rN 192! u,LOFVORI >A� y'�FYOPFl�pn x Y,,� }` I 2: OA iiR�'�x4 st 1951 ♦ 4 0 `SEAL o "38lLLi tYJxa S 1e ' E F aaEtl '�cwr:« r�, AgxL rp .... � i .a' MN State of Connecticut City of Hartford ss. By. J a /Ge-r91& Thompson, t '. President On this the 18th day of February 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. x6• My Commission expires the 30th day of June, 2011. * \I51' 58440 -5 -07 Printed in U.S.A. `n cfi.A 0'. �.jj� Made C. Tetreault, Notary Public 11 State of New York County of Nassau 0 On July 8. 2008 before me, Mary Alice J. Corbett, Notary Public, personally appeared Rita Sagistano. Attorney -in -Fact for Travelers Casualty and Surety Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ALICE J. CORB Nd PuWc, State W N t No.01C0H020182 Queftd in Nassau Cou CaMUSSM TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 05183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2007 CAPITA. STOCK; 8.800.000 CASH d INVESTED CASH $ 74,576,111 UNEARNED PREM0AW S 8304196.152 BONDS 3.171,426,610 LOSSES 907,16CM STOCK 14,366.947 LOSS ADJUSTMENT EXPENSES 133,387,025 WIESTMENT E40ONE DUE AND ACCRUED 42,220,884 COMMISSIONS 3064908 PREMY9M BALANCES 198,657.602 TAXES, UCU48ES AND FEES 19,747,911 NET DEFERRED TAX ASSET 43,389.888 OTHER EXPENSES 3414944133 REINSURANCE RECOVERABLE TM9,102 FUNDS HELDUNDER REINSURANCETREATIES 123,W7.214 OTHER ASSETS 3. 744$82 CURRENT FEDERAL AND FOREIGN INCOME TAXES 27,678,126 REMITTANCES AND ITEMS NOT ALLOCATED 59.663.721 AMOUNTS WRHNELDI RETAINED BY COMPANY FOR OTHERS 34.315,822 PAYABLE TO PARENT, SUBSIOMWES 6 AFFILATES 58,232,84 RETROACTIVE RBNISURA14CE RESERVE 23 ,913,659 POUCYNOLDER DIVIDENDS 8.740,193 PROVISION FOR REINSURANCE 6.481,663 CEDED REINSURANCE NET PREMIUMS PAYABLE (564175,14) OTHER ACCRUED EXPENSES AND LIABILITIES 141,74 TOTAL LIABILITIES S .324.800 CAPITAL STOCK S Bp00,000 PAID IN SURPLUS 303,297.402 OTHER SURPLUS 98I.Soalm TOTAL SURPLUS TO POLICYHOLDERS 1 084 88 TOTALASSETS 33 4186. TOTAL LIABILITIES& SURPLUS 3 1.068 STATE OF CONNECTICUT } COUNTY OF HARTFORD }S5. CITY OF HARTFORD , LAWRENCE A. SILITA. BEING DULY SWORN, SAYS THAT HE IS CHIEF FINANCIAL OFFICER - TRAVELERS BOND ,& FINANCIAL PRODUCTS. OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER, 2007, SUBSCRIBED AND SWORN TO BEFORE WE THIS 1181 DAY OF MARCH. 2006 lT E111 CT);E,+L(r[T r•I�rirtt�— llnusryt ;tt7/ Best's Rating Center - Compile Information for Travelers Casualt*d Surety ... Page 1 of 2 Industry Resewch Retrt- Denrlllions k Search Bests Ratings Press Releases Related Products F Indo" A R"onel Country Risk Structured Finance How to Oet bated CDrllact an Analyst view Ratings: Financial Strength Issuer Credit Securities Advanced Search Travelers Casualty and Surety Company C. — in.,.11 .... I.. Grwp) AXINe1 a: 03001 NMC Y: 1Poaa FEIN r: ON033SU sock Ticker New Y.,k aleck Exchenp. NYSE TxV Address: One Tower Square Phone: 860- 277 0111 Hartford, Cr 06183 Fax: 860 -277 -7002 Web: wove, travelers corn Best's Ratings Financial Strength Ratings View Definitions Rating: A+ (Superior) Affiliation Code: 9 (Group) Financial Size Category XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: June 03, 2008 * Denotes Under Review Best's Ratings Olhar VJ.h c --- r r.vinnn . po n,v,ftedd m.d ll,an o,gvi.q vdlpvhm¢b WN.y11.IE.r¢ Issuer Credit Ratings View Definitions Long Term. as- Outlook: Stable Action: Affirmed Date. June 03, 2808 Reports and News Visit our NewsRoo. for the latesl news and press releases for this company and its A.M. Best Group. AMB Credit Report - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Best's Fin: rationale along with comprehensive analytical commentary. detailed business overview and key financial data. i' Report Revision Date: 071032008 (represents the latest significant change). Historical Reports are available In AMB Credit Report - Insurance Professional (Unabridged) Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance s key financial performance tests including profitability, liquidity and reserve analysis Dee Status: 2008 Best's Statement File - PIC, US. Contains data compiletl as of 7118/2008 (Qual lty Cross Checked). 6 Single Company -five years of financial data specifically on this company F Comparison - sideby -side financial analyss of this company with a peer group of up to five other companies you select. s Composite - evaluate this company's financials against a peer group composite Report displays bdh the average and total composite, group. AMB Credit Report - Business Professional - provides three years d key financial date presented with colorful charts and tables. Each re I latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Dee Status: Contains data compiled ss of 711812008 (Quality Cross Checked) Best's Key Rating Guide Presentation Repo" - includes Best's Financial Strength Rating and financial data as Provided in Best's Key Ra Data Status: 2006 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Properly /Caspahy Center- Premium Data & Reports Best's Key Rating Guide - P /C, US & Canada Best's Statement File - P /C, US Best's Statement File - Global Best's Insurance Reports - P /C, US & Canada Best's State Line : P /C, US Best's Insurance Expense Exhibit (BE) - PIC. US Bast's Schedule F.(Reinsurance) - PIC, US Best's Schedule D (Municipal Bonds) - US Best's Schedue 0 (Common Stocks) - US Best's Schedue 0 (Preteoed Stocks) - US Best's Schedule P (Loss Reserves) - P /C, US Best's Schedule D Hybrid - PIC & UH, US Bell's Schedule D (Consecrate Bonds) - US Customer Service I Product Support I Member Center I Contact Info I Careers About A M Best I Site Map I Privacy Policy I Security I Terns of Use I Legal & Licensing http: / /www3.ambest.com /ratings /fullprofile.asp ?ambnum =2001 &URATI NGI D =84... 07123/2008 i 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: 0 Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: KDC INC. &a DYNALECTRIC Z� Bidder Authorized ignature/Title VYII.LYW B. WAIIIIIM CM — V.P. ,$eV roas. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formll! Please print or type. Bidders Name KDC INC, dbaDYNALECTRIC FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 n��� Project Name /Number WIY11fV etm t C+1 1w fl l Ve. v Project Description NPrt,J Traf{;c " t(Wc,.l S,nS}s�t�wliOV` Approximate Construction Dates: From JUMQ 24D(o To: Ta"tACO N 260 Agency Name l.,fxrltk 0 Contact Person MCt(k Hut Ili Mahn Telephone W) oLA55 ^ /4017 'i19 7�,� go °' Original Contract Amount $ / "'Final Contract Amount $ L4gq 035 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No No. 2 Project Name /Number Project Description • 0 Approximate Construction Dates: From F?b . acm l To: 'eC - !D-M-7 Agency Name L05155Rq " � 1 Contact Person tAAtni- N0YOIpSa {an Telephone Original Contract Amount $�� ' � Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) CCo- DedtuG* Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name /Number EXPoe>i Tl oN PAgx ATSW C. - W.o * L0g0QL &146 Project Description At4wo ed # C.op*o l Approximate Construction Dates: From A • 205 To: 2i?D7 Agency Name Lint OF Contact Person MAr10D6%tfV%f Mhail"A TeIephon vp OD Original Contract Amount $,'�7q�� iiinal Contract Amount $ 9, 510 a�5� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 4 Project Name /Number #oT7-asn0q Project Description 1%%r CAh1Y0J y�.W1�CCTV�{i 0�'1't- �b�rlls' «tea Approximate Construction Dates: From 50tH' XDf7 To: AU6• -ca-m1 A i i S MAC_ of W f {af v%i Agency Name `LLJTrrAy\S Contact Person L,Q,r(NCL(01 QIOY\W Telephone' �_ 9a(o- a55-1 Original Contract Amount $1,S1o1,a0ria�l Contract Amount $�� q� 0 �1 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA W O RJR. tg LA' ws Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. C No.5 Project Name /Number. 7, bove(field �Ivd.Tra{�,c. '1�2 catioY� �1 Project Description T( -Gu{fi C. �C;KO- , C.0.m"CL es. Approximate Construction Dates: From W(* 20G* To: 541 u 9 OD Lo Agency Name 11''� 0 Q ,,tt Contact Person ViM16a lie. Wimof i Telephoned -) `1515 -;KPL In Original Contract Amount $IT�600.Final Contract Amount $ 145 4 500 -Ob If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 Project Name /Number Project Description • 0 Approximate Construction Dates: From 3A►J•?. 6 To: 1)4 CG • 26D to Agency Name Contact Person A v oMH Wa' y'0 Telephone 10 qgk- •73sa. J 12 60 Original Contract Amount $ 00D Final Contract Amount $ W V'i If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. r MTACV6A_) Upon request, the Contractor shall attach a financial statemen and other information sufficiently comprehensive to permit an appraisal of the Co ractor's current financial conditions. KDC IWC dbe DYNALECTRIC Bidder Author' Sign /Title WIUJF inivet+ ,,CM -- r 'S¢c/TraaS, fo _ DynalaEtric Jeff Beard Superintendent Skills: Career Profile: Project Experience MS Word Jeff Beard has more than 24 years of Route 90 CCTV MS Excel experience with the installation and MS Power Point supervision of traffic signals and street CCTV Cameras, Vehicle Detection, lighting. Communication System. Responsibilities include: supervision of more than 59 employees, Highland Park ATSAC scheduling and the coordination of Certification' projects within Dynalectric's New Automated Traffic Surveillance and Transportation Group. Control System, Upgrade Traffic Signals at 43 Intersections. State License Work Experience: Certification Pasadena Blue Line OSHA 30 Hr. Dynalectric — Los Alamitos, CA Certified Superintendent Design-Build Pro ect Street Lighting and 1 9 9 Qualified Safety Transportation Group Traffic Signal, Communications Installations Person (Q.S.P.) 2001 — Present and Modifications at LRT Grade Crossings Pasadena General Foreman in Los Angeles, South and 1998-2001 Pasadena. C. T. F. Beverly Hills Phase 2 Lighting Conversion Memberships: Foreman 1996 -1998 Complete conversion of the existing street IBEW Local 11 Steiny & Co. lighting system from series to multiple. Executive Board Foreman 1994 -1996 Included new underground infrastructure, conduit, wire and pull boxes. Member Mass Electric Foreman 1991 - 1993 Phase 1 Katella Ave. Improvement Steiny & Co. Installed decorative street lighting, video Tech / Journeyman 1985 -1991 detection, video surveillance and changeable message signs at 3 C. T. F. intersections. Tech II / Tech I 1983-1985 Grissom & Johnson Laborer (T.S.) 1982 -1983 Electrend Laborer (T.S.) 1981 - 1982 Baxter Griffin Laborer (T.S.) 1979 -1980 Laborers School 1979 v 4462 Corporate Center Drive Los Alamitos, CA 90720 (714) 828 -7000 ° °'��S Fax: (714) 484 -2385 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of J ) IMUJAM&DA JYHVM,CFO beingg first duly sworn, deposes and says that he w-Ww is • c TreaS. of KIX INC. &aDYNALECTRit , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Ca' rnia that th regoing is true and correct. KDC INC. &S DYMECTRIC Bidder Authori N"!60 -- J•P�Strt�/TpEAs• Subscribed and sW0nT*4o4.affinmed) bef45 fhis day of by personally known to me or proved to me on the basis of siTisfactory evidence to be the person(s) who appeared before me. (SEE R1TP4.1RI -0 :Y(AI AT [SEAL] is Notary Public My Commission Expires: /1: • • CALIFORNIA JURAT WITH AFFIANT STATEMENT �J See Attached Document (Notary to cross out lines 1 -6 below) 71 See Statement Below (Lines 1 -5 to be completed only by document signeds], not Notary) Signature of Document Signer No. 1 State of California County of Orange ELAINE L. HOYUELA CommiasIon # 1678214 Notary Public - California Orange County 101MyComm. Exph n Jun 27, 2010 Signature 0 Document Signer No. 2 (if eM Subscribed and sworn to (or affirmed) before me on this 22nd day of July 20 08 by Date Month Year (1) William B. Davenport, V.P. - Sec./ Treas. Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and pr me on the basis of satisfactory evi ce to be the person who appeared before me.) Signature 0- Signature of Notary Public Place Notary Seal Above 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. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: Nan- Collusion Affidavit Document Date: July 22nd, 2008 Number of Pages: 1 Signer(s) Other Than Named Above: None 02007 National Notary Association, 9350 De Soto Ave..PD. Box 24MaChalswoM, CA 91313-2,1021 maw.Nati[nfllNdaryarg themtl5910 Regtter.Cflll TOlFFrea180D a'r6692] Jurat 08 NonCol 1 pg.max • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 DESIGNATION OF SURETIES Bidders name KDC INC. dba DYNALECTRIC Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): TraVeleXs C.a5u0.1+lA and Suretu ConnDanu of A "426C-c. F u bo>n, NS 0%% 25-1 - awW Xid -Ard -F. fe «uca 4 Atosoc44ks 001 VfanK.li m 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name KDC INC. dbeDYNALECTRIC Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts 45 /07 //0 90 /05' 13Q 58'7 Total dollar Amount of Contracts (in 3 ,555 56,bo1 91,199 4s,yb5 b0,59'I 55�b 33st Thousands of $) No. of fatalities No. of lost Workday Cases 41 3 Cl 3 No. of lost workday cases involving permanent transte:- to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 Legal Business Name of Bidder KDC M dbeDYNALEmtC Business Address: (p' Corpofa#G CP..rOtt CHk•, SAIarniiV5,CA Business Tel. No.: - T04AS26%. ?00U State Contractor's License No. and Classification:rj5U17�a rpt, B, CIO, C7, C 31, Cy(o Title e1E NERA L COWW -ACXM — C.ORPORI4TSO Q The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evideia a of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 ACKNOWLEDGEMENT OF ADDENDA Bidders name KDCM.dbaDYNALECTRIC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. I Date Received I ,,Siwatura-�- I 15 0 • Page: 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT i kk�1 FO PL ADDENDUM NO. 1 WESTCLIFF STREET LIGHT REPLACEMENT CONTRACT NO. DATE: July 14, 2008 Works Director 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: Replace construction note 2 on sheet 2 to read: OReplace existing street light standard with contractor furnished type II standard (Ameron CAT No. 6- C1- 23 -F8) and 200 waft, 240 volt H.P.S. luminaire w /photo electric cell and enclosed ballast. Furnish and install double fuseholder w/5 amp fuses (Tron #Hex -AA) in adjacent pull box as per STD - 205 -L. Install standard on new foundation per CNB STD - 201 -L -B. Install new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB -204 -L and STD - 205 -L. Re lace construction note 1 on sheet 4 to read: OReplace existing street light standard with contractor furnished type I (Ameron CAT No. 4- C1- 23 -F4) standard and 70 waft, 240 volt H.P.S. luminaire w /photo electric cell and enclosed ballast. Furnish and install double fuseholder w/5 amp fuses (Tron #Hex -AA) in adjacent pull box as per STD - 205 -L. Install standard on new foundation per CNB STD - 200 -L. Install new 1' PVC conduit and wiring from pole base to adjacent pull box per CNB -204 -L and STD - 205 -L. • . Page: 2 of 2 Replace construction note 1 on sheet 5 to read: OReplace existing street light standard with contractor furnished type I (Ameron CAT No. 4- C1- 17 -174) standard and 70 waft, 240 volt H.P.S. luminaire w /photo electric cell and enclosed ballast. Furnish and install double fusehoider w/5 amp fuses (Tron #Hex -AA) in adjacent pull box as per STD - 205 -L. Install standard on new foundation per CNB STD- 200 -L. Install new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB -204 -L and STD - 205 -L. 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. KDC INC. dbe DYNALECTRIC Bidder's Name (Please Print) -Tr.►.. 017^d 2.mG Date Authorize I natdrree & Title 2c� rieas WILUAOA OM h CFO — V-P' kkmerslpbwlshareftonlractsW 07- Mwestclirf, san miguel & boruta creek park street light replacement c- 38681addendum no. 7 ( estolitf 2008).doc 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �a s ADDENDUM NO. 2 WESTCLIFF STREET LIGHT REPLACEMENT CONTRACT NO. 3868 DATE: July 17, 2008 BY: A4 al Public orks Director TO: ALL PLANHOLDERS f&r Page: 1 of 2 The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. SPECIAL PROVISIONS 9 -3 PAYMENT Replace Specifications sheet 11 to include item no. 22: Item No. 22 Work under this item shall include installing new contractor furnished service cabinet per CNB STD - 206 -L. Provide 2 -2P 20 -amp breakers for the required circuits as shown on plan and connect wiring. Re- connect to existing street light circuit. Coordinate with City's representative and SCE. PROPOSAL Replace Proposal sheet 2 to include quantity change from 3 to 4 for item no. 4. Replace Proposal sheet 5 to include item no. 22: CONTRACT Page: 2 of 2 Replace Contract 3868 cover sheet to include change in Engineer's Estimate from $840,385 to $855,885 PLANS: Replace plan sheet 6, 12 & 14 to include revised sheets showing construction note no. 22. Install service cabinet, conduit, wiring, and P.C.C. sidewalk per CNB STD - 204 -L, STD - 205 -L, STD - 206 -L, STD -180 -L and detail heron. Pull box shall be installed within 5' of service cabinet. Bidders must sign this Addendum No. 2 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. KDC INC. dba DYNALECTRIC Bidder's Name (Please Print) Authorized Signature & Title CHM PESAVENTO, CEO — Qfesideot lAtm kpbvAsharedlcontractskfy 07- Mmstcliff, san miguel & bonita creek pads sheet light replacement c- 3868Wdendum no. 2 (Westcliff 2668).doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: KDC INC. dbeDYNALECTRIC yyfoa C0(P0(C%Ae C -rJCf D60C Business Address: Los Alanwi-t s, CA go'7a0 Telephone and Fax Number: - 114323.7000 /fn,%'. 714. LIV. Met California State Contractor's License No. and Class: 550199 A, ��CIO�Cr%�C3,e�ilo (REQUIRED AT TIME OF AWARD) Original Date Issued: 101/040/4%% Expiration Date: 31'�dU�i List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: r% _ - tXUet tS'nftV4br / W I&LIa tWP► -t+rs — M%A40LC1 � The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone nn LV%,51'eSAVet - n �ceside�* — 4os ni "o came( C* ) 74-vu8'. 144101 cotPotwrt C&W4 pR . WaVann a >- padetnPoft - y•� See /TTeas "" LOS Ata+wi+cs, C1140nao 71� k2ts.7oaa Corporation organized under the laws of the State of & f f Of MGL it • • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: e All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: KDC INC. dbe AYMECTRIC, a000 — Cuf f 4\-t Y.fl TANG . 19910-1944 , 3wP S54S s- Kirkwovo Eledfuc Co.Inc. IM -1195' For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; cc A .41 Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / o Are any claims or actions unresolved or outstanding? Yes No 17 _ • • M ENWE GMPBRy "All December 18, 2006 To Whom It May Concern: The following project is currently involved in legal action: Los AWnIo%CA 80720.7538 Phone: 714AMJM Fart: 714AB42M 1. Dillingham /Ray Wilson Co. JV vs. City of Los Angeles Superior Court Case No. BC208414. Status: Verdict in favor of plaintiff, July 2006; Currently on appeal. Sincerely, Dynalec Company am . Davenport Chmf Finumial OF6ea Dynalome Company w .dma -le.wm 0 F 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. L )rjS CEO. Residext (Print name of Owner or President of Cor ration /Company) [®C [M dba DYMALECTMe- Bidder Authorized Signature/Title Presi de t * Title VUX%u e7ao1�I 2)Mjj Dates Subscribed and sworn to (or affirmed) be'Tdre-r e on tbj. day of .2008 by personally known to me or proved to me on the basis satisfactory evidence to be the person(s) wappeared before me. SEE ATTAcEtf 0 SUS ' / [SEAL] imm Notary Public My Commission Expires: 0 0 CALIFORNIA JURAT WITH AFFIANT STATEMENT EKSee Attached Document (Notary to cross out lines 1 -6 below) ❑ See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary) 2 Signature of Document Signer No. 1 Signature of Document signer No.2 (if any) State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 22nd day of July 200— by Date Month Year (1) Chris Pesavento, CEO - President Na of Signer ELAINE L. HOYUEtA proved to me on the basis of satisfactory evidence Commlaalon A 1678214 to be the person who appeared before me i Notary Public - California Orange County (and 1MYComrmExpMeJun27.2010 roved to me on the basis oTrafistactory evidence to be the person who appeared before me. Signature – LL Slgnatura of Notary Public Place Notary Seal Above 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. Top of thumb here Top of thumb here Further Description of Any Attached Document Tllle or Type of Doatmem: Bidder's Information Page 18 Document Date: July 22nd, 2008 Number of Pages: 3 Signer(s) Other Than Named Above: None 02007 National Nolary Association• 9350 De Soto Ave. P.O. Bw 2402- Ctnlsworlh. CA 91313-2402,w .Natiocc Notarveig Item X5910 fleoNer. Call Toll•Fme 1- 800.8766827 Jurat 08 Bidders Info - Chris.max i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City. of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 CONTRACT THIS AGREEMENT, entered into this _ day of , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and KDC, Inc., dba Dynalectric, 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: WESTCLIFF STREETLIGHT REPLACEMENT - CONTRACT NO. 3868 "The work necessary for the completion of this contract consists of installing, removing and relocating street lighting facilities and appurtenances as shown on plans, as dictated by the specifications and special provisions, and as directed by the City ". WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3868, 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. `z4] 0 • C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Six Hundred Eighty Thousand, One Hundred Seventy and 001100 Dollars ($680,170.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Alfred Castanon (949) 644 -3314 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR KDC, Inc., dba Dynalectric 4462 Corporate Center Drive Los Alamitos, CA 90720 714 -828 -7000 714 - 484 -2389 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 r 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. m ATTEST: r �(IFOM1N,t o .P. hftM� PeO CITY CLERK APPR VED AS TO FORM: AARON C. HARP Assistant City Attorney KDC, INC., DBA DYNALECTRIC 2�2 (Corporate Officer) Title: CHFiS PLO. PRE8IDENTA CE0 Title: Wl UAM I.ONEWM. SEWZfAR1f i CFO Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual. 25 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 106162219 - TR BOND NO. s2169103 -FE LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to KDC. Inc., dba Dynalectric, hereinafter designated as the "Principal," a contract for construction of WESTCLIFF STREETLIGHT REPLACEMENT, Contract No. 3868 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3868 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Travelers casualty and Surety Comparry of America& Federal Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Six Hundred Eighty Thousand, One Hundred Seventy and 001100 Dollars ($680,170.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted. withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the Stale of California. 0 0 F The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been du xecuted by the above named Principal and Surety, on the 121h day of Atmust 2008. , KDC Inc., dba Dynatectric (Principal) Travelers Casualty and Surety Company of America 6 Federal Insurance Company _ Name of Surety Comtrutdan Services. Travelers Bond a Rnaneiel Pmc uers One Tower Square. Harrrom, CT 0616E -TR 15 Moumin Mew Rd.. Wamn. NJ 07059 -FE Address of Surety 732 - 321.5600 - TR b 908303.7923 - FE Telephone muutuWiYnptIP6HW ENPORT,CF0 ,'1�Lrn�w V�1YG�� Authorized Agent Signature Camille Maitland, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 E 0 - �, .o- .,.a'w iS ✓n. .�i,.�:. >• ,. S�'. :��...: sS:.u:.r G:: F, 's'a �.iif:ct.. State of California County of Orange On 9' �3' before me, Regina M. Miller, Notary Public 0.'ne Neie xcen erne any title d i erct personally appeared William B. Davenport NiMO(6)d5iQ1R!(d1 @MyREGINA M. MILLER Commission # 1594173 Notary Public - CWlfomia Orange County Comm. Expires Dec 12.2008 Piero Nd seol Mwa who proved to me on the basis of satisfactory evidence to be the person0t) whose narne(t) is(mecsubscribed to the within instrument and acknowledged to me that he/sR executed the same in hisfAvLfl * authorized capachyon% and that by his/breftat signatureO) on the instrument. the personpstj, 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 m�y � /(�gand and s al. Signature_ �LUu $rq�mwe d Notary Pddk OPTI NAL Though the intonation below is not required by law, A rray prove vafvable to persons relyfrrg on the dow,raent and could prevent fraudulent removal and reauaehmaM of this form to another documnnf. Description of Attached Document Title or Type of Document l -Gixyr And MGfi26alS P umeth pXJVI d _ Document Date:) 2 AA,, Number of Pages: °Z Signer CO s) Other Than Named Above: MIl le Ail A0101A Capacity(ies) Claimed by Signer(s) Signer's Name: William B. Davenport _I Individual 20 Corporate Officer — Titie(s): Secretarx &CFO Partner — 7 Limited LJ General I Attorney in Pact �_] Trustee T or thumb 7 Guardian or Conservator '7 Other:____ Signer is Representing: KDC Inc. dba Dynalectric dba KDC Systems C �:,Corpc Oficer— T O Partner — mlted ❑ General ❑ Attathey In Fad 0 Trustee 0 Guardian or ConXr ❑ Other: Signer A3RTNdmbl Nfmry ASSna94'ana gg�eg stlpu}nf.,P.08od 2a(k•Gidett2,A.CA etJfl2eta•mxv.POry Irom S680T nanam: WP. Tvtr!ed i- WOST6892'! WARNIWIS POWER OF ATTORNEY IS INVALID WITHOUT THE IWORDER AW&k POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219656 Certificate No. 0 0 2 4 7 6 2" 4 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Thomas Bean, Rita Sagistano, Gerard S. Macholz. Susan Lupski, Robert T. Pearson, Mary Alice I Corbett, and Camille Maitland of the City of Garden City . State of New York , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.bustness of.guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pecryjtted in ary'ti Ions ol-Illi4ceedings allowed by ]aw, IN R7TNI $$S ft WHEREOF, the Compi have caused this ins"AO'blo�be si¢ned and d*itwrpcuate seals to be herem affixed. this day of h b ry U 18th Farmington Casualty Cetlip'any .: St. Paul Guardian Insurance Company Fidelity and Guarantyinsfir CsaodlpanF; s,. F' St. Paul Mercury Insurance Company Fidelity and Guaranty Insu�fr�Underwrlters, Inc. Travelers Casualty and Surely Company Seaboard Surety Company Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company r e1.84q P` -pp..• .a�rY '♦ ri` OY.Y..�h.S9 `pY ,X449 °y 4,�.,Y gryO� ,NO yNb� �Gtat'A� �owa1l bV- Y j ypx POflq t /�a� �'p�i v•exS60 '4e 1977 ® " 192 er coq,` °g' fi" ttwrmao, ry j`wu,.m,',arg1 a O �'^reeN'ga 19$1 m. ® 3,SEALlpo•SSSRL,:'' "Oil `"^ ^Je�y n+ � Nd' qiF�.�,� 4c�NCC d1T:iN�a a ".� "tea '0r �o' �•✓r� `pt1 AmS" State of Connecticut City of Hartford ss. By: Georg Thompson. enior ice President 18th February 2008 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he. as such. being authorized so to do, executed the foregoing instmment for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.T In Witness Whereof, 1 hereunto se[ my hand and official seal. *A My Commission expires the 30th day of June, 2011. } A7l81.tps 58440 -5 -07 Printed in U.S.A. Marie C. Teueault, Notary Public State of New York County of Nassau On August 12, 2008 before me, Melissa Howard, Notary Public, personally appeared Camille Maitland, Attorney -in -Fact of Travelers Casualty and Surety Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF NEW YORK NO. 01 H06173941 QUALIFIED IN SUFFOLK COUNTY TERM EXPIRES SEPTEMBER 4, 2011 0 0 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06193 FINANCIAL STATEMENT AS OF DECEMBER 31, 2007 AS FILED M THE STATE OF NEW YORK CAPITAL STOCK $ 6,01KIPM CASH a INVESTED CASH S 74,575,111 UNEARHEDPREMKIMS BONDS 3,171,426,610 LOSSES STOCK 14,356.4F[ LOSS ACIMSTMENT EXPENSES INVESTMENT INCOME DUE AND ACCRUED 42220,804 COMMISSIONS PREMIUM BALANCES 198,657,$02 TAXES, LICENSES AND FEES NET ASSET 43,369,888 OTHER EXPENSES REINSURANCE RECOVERABLE 7,618,102 FUNDS HELD UNDER REINSURANCE TREATIES OTHER ASSETS 3, 744,982 CURRENT FEDERAL. AND FOREIGN INCOME TAXES REMITTANCES AND ITEMS NOTALLOCATED AINOLNiTS VNTHHELD/ RETAINED BY COMPANY FOR OTHERS PAYABLE TO PARENT, SUBSIDIARIES A AFFILIATES RETROACTIVE REINSURANCE RESERVE POLICYHOLDER ON@ENDS PROVISION FOR RMSURANCE. CEDED REINSURANCE NET PREMIUMS PAYABLE OTHER ACCRUED EXPENSES AND UA0KXMS TOTAL LIABILITIES CAPITAL STOCK PAID IN SURPLUS OTHER SURPLUS TOTAL SURPLUS TO POLICYHOLDERS TOTAL ASSETS S 3.5$5.977.9&8 ' TOTAL LIABILITIES S SURPLUS STATE OF CONNECTICUT I COUNTY OF HARTFORD )SS. CRY OF HARTFORD I LAWRENCE A_ S07TA, BEING DULY SWORN, SAYS THAT HE IS CHEF FINANCIAL OFFICER- TRAVELERS BOND a FINANCIAL PRODUCTS. OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOMGOINO S 830.(98,1 52 907.184263 153,320,025 34.954.609 19,747.911 34,494,030 123,307,214 27.676,126 593,721 34,315,2 23913,699 8,740,193 5,510,971 05,035,t" 141 704 2��108 S 6.W0,000 343207.464 881 6 i1 19 77 �a.�78... IS A TRIM` AND CORRECT STATEMENT OF THE FINANCIAL COI40ITlON OF SAID COMPANY AS OF THE 31 % DAY OF DECEMBER, 2007. 1 '' ONDAFINANUALPROWaS 1086 SUBSCRIBED AND SWORN TO BEFORE ME THIS NOTARY ��flv ail� _ 11th d4Y0FMARCH,20rA Dsk '''�, MARIE C`. nTREAULT n {l:C.na +ainirut F.;iaris ?fnlr itt, kft! Chubb ER Federal Insurance CompanjW Attn: Surety Department Surety ATTORNEY Vigilant Insurance Company 16 Mountain View Road Pacific Indemnity Company Warren, NJ 07059 Know All by Thes COMPANY, a New Y appoint Thomas St Lupski, Gerard S. Scalars of Garden That COMPANY, an Indiana MPANY. a Wisconsin car each as Moir true and bwU Attorney. lw Fact to mmcule under such desgnaton M their names and to aft their corporate seals b and deliver for and on IhW behat as surety thereon or otherwise. bonds and undede drrgs and other writing$ obligatory In the nature thereof (other than ball bon ts) given Of ezer:ulad In the course Of buSIN11% and any khatrtnnarta amending or alluring the Same, and Consent$ to the modltcafbn or alteration OF any aretrumed referred to N said bonds or 01399800r& . thwlMass Whema. sold FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested thernspreaentaandeiffxedgmkw rpovwe tsonbk17th dayofMay ,2007 r AMC W8nda, ASSW�am Sec David B.Ji 's, r.. Vice Pmaiden R STATE OF NEW JERSEY Ccranyorsomemet ts. on tors 17th , dayof May, 2007 barons me, a Notsry Publo of New Jersey, personatyceme Kenneth C. Wendel, tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed Me foregoing Power of Attorney, and the said Kenneth C. Werde6 befog by me duly swan, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNnY COMPANY end bnuw's the corporate seats therect that the seals abed to the foregoing Power or Attorney are such corporate seats and ware thereto affixed by authority of the By, Laws of said Carrpantes; and that he signed said Power of Attorney m Assistant Seaetary of am Compadas by tike authority and Mat he Is acquainted with David B. Norris, Jr., and knows him to be Vice President of sold Canpanles; and that Ire Signature of David B. Moms, Jr., subscribed to Bald Power of Attorney Is In the genuine handwMtng of David S. Nara, Jr., and was thereto subealbed by authority of said Ey- taws and in deponents prosance. Diu�ryM2 2 47 No .R84 7 (.4. Canmiedon 6cpiraa Oct. 25, 2009 Ndary Public CERTIFICATION Mftd them to By. Lows of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: All Powers of attomay for and on behalf erf the Company may and that be w*cuted In the name and on behetof the Company. ether by the Chairman a the President or a Vice Presided cr an Assistant Vice Pmsidett Jointly with the Secretary or an Assistant Secretary. under Met respective designations. The . signakne of rich ottcae may be engraved. printed or liMagraphed. The signature of each or the foltavfop officers: Chahmat, Presided, any Vice Resident any Atolsmd Vice President any Secretary, any Assistant Secretary and the seal W to Company may be all by focskdle to any Power of attamey OF ta any oerttrtate reletng thereto appointing Aadsia t Socmeladaa a At armyt- ta. Feet for purposes ontyef wacuti g and attesting bonds old underfeidngs and other wrMW obligatory M Me nature thereof. and any such pawar of etorrey orw0cao bearing such tacsknte signature or fafetnAe seal shat be valid and bindbg LIPM the Conpary and arty such pmw eta toweled and cadged by Much facekNle signature and feuktYle searshnd be wild and bmdlrg upon the Company with raspedo any bond orundedn g In wNdt t Is atadhed- ..._. L Kenneth C. Wendel, Asstslant8eantatyat FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY (she'Canpertleay do herebyceNfyMst . 0) the b yogi tg esaadathe Sy. Laws of rho Compares is true and cama4 (t) the Companies an duy gcensed and authorized to tamanA aurebr business In at So of the United Stains of Amedca and the Dial of Cohenbla and are auhodzed bythe U.S. Treasury Department Nether. Federal and Vlgitad are tcemsed in Puerto Rico and the U.S. Virgin kleads, and Federal is licensed In - . American Samoa. Guam. and each of the Provhhees of Canada except Prince Edward kind; and (Yg Ma faapohg Power of Attorney is true, correct and M tut taws and a8ea. GNenunder my hand and seals of said Companies, MWaren, NJ Mk 12th day of August, 2008 . ?, l IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (906) 9013493 Fax (908) 9013656 . a.ma0: surebech bb.cdm Form 15-10- 022611- U (Ed. 5- 03) CONSENT State of New York County of Nassau On August 12. 2008 before me, Melissa Howard, Notary Public, personally appeared Camille Maitland, Attorney -in -Fact of Federal Insurance Company personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S MELISSA OWARD NOTARY PUBLIC, STATE OF NEW YORK NO. 01 X06173841 QUALIFIED IN SUFFOLK COUNTY TERM EXPIRES SEPTEMBER 4, 2011 10 FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2007 (in thousands of dollars) TOTAL INVESTMENTS 18,820,003 TOTAL LIABILITIES ......... ............................... 16,793,878 Investments in Affiliates: LIABILITIES Chubb Investment Holdings, Inc .................. 2,488,838 AND 20,980 ASSETS 1,842,863 SURPLUS TO POLICYHOLDERS 3,106,790 Cash and Short Term investments.. ........... $ 268,650 Outstanding Losses and Loss Expenses.... $ 11,665,892 United States Government, State and 820,609 Unearned Premiums ...................................... 3,576,372 Municipal Bonds ......... ............................... 11,760,927 Reinsurance Premiums Payable ............... 388,475 Other Bonds ................. ............................... 3,748,134 Provision for Reinsurance ....................... ..... 152,814 Stocks ........................... ............................... 1,228,819 Other Liabilities _ ....................... _._.................. 1,010,325 Other Invested Assets., ............................... 1,813,473 TOTAL INVESTMENTS 18,820,003 TOTAL LIABILITIES ......... ............................... 16,793,878 Investments in Affiliates: Chubb Investment Holdings, Inc .................. 2,488,838 Capital Stock...................... ............................... 20,980 Pacific Indemnity Company ............................. 1,842,863 Paid - In Surplus ....... --- .............. __ ... ..... ... 3,106,790 Chubb Insurance Investment Holdings Ltd.... 886.556 Unassigned Funds ........... ............................... 9,749,409 Executive Risk Indemnity Inc ........................ 820,609 CC Canada Holdings Ltd ............................... 567,070 Great Northern Insurance Company ............. 374,275 SURPLUS TO POLICYHOLDERS.......... 12,877,179 Chubb European Investment Holdings SLP.. 304,522 Chubb Insurance Company of Australia ....... 178,307 Vigilant insurance Company .......................... 150,317 Other Af filiates ................ ............................... 257,152 Premiums Receivable ...... ............................... 1,552,350 Other Assets ......................... ............................... 1.428.195 TOTAL LIABILITIES AND SURPLUS TOTAL ADMITTED ASSETS ................ $ 29,671,057 TO POLICYHOLDERS ............................ $ 29,671,057 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at $478,269,830 are deposited with government authorities as required by law. A CORRECT STATEMENT: A03WW&8000 Q"W AtUrney - In - Fad Carrdlle Maitland Form 27- 10-0073 (Rev. 4 -06) 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 106162219 - TR BOND NO. 92159103 - FE FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ smas.00 being at the rate of $ TR - 60% 7.6 per m, FE - 40% 7.5 per m thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to KDC, Inc., dba Dynalectrfc, hereinafter designated as the 'Pdncipar, a contract for construction of WESTCLIFF STREETLIGHT REPLACEMENT, Contract No. 3868 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute Contract No. 3868 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Travelers casually and Surety cammnv or America A Federal insurance company, duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Eighty Thousand, One Hundred Seventy and 001100 Dollars ($680,170.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surely will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has beqpf duly executed by the Principal and Surety above named, on the 12th day of Au ust __, 2008. i' KDC, Inc., dba Dynalectr c (Principal) A I * tie r CFO Travelers Casually and Surety Company of America & HV Federal Insurance Company Name of Surety Authorized Agent Signature Construction Services, Travelers BaM & Flmmial Produc One Tower Square, Hartrora. CT 05163 & 15 Mourftn A" Rd., Warren WMM Address of Surety 7323213600 - TR & 908-003-7923 - FE Telephone Camille Maitland, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS of CONTRACTOR AND SURETY MUST BE ATTACHED F1U5eM1PBVVGhamdlOonrMGt5JFY 08-09 IVOS JM SVeeOight Replacement C,3MMONTRACT C-W&dw 29 CALIFORNIA ALLPURPOSE ACKNOWLEDMENY State of California County of Orange On — 13. 00 _ before me, _ Re ina M. Miller �,,,. _.... _... 9... _ -- —_ r Notary Purb ic Here h Nam arm Tine ai the tracer ' Personally appeared William B. Daven rt Namgat sgaerca) REGINA M. MILLER i — — Commission # 1534173 Q Notary Public • Co bmfa Orange County MV Comm. ExWres Dec 12.2008 PhWO Nmew SW Plrwv Who proved to me on the basis of satisfactory evidence to be the person(s) whose names) W91I rsubscdbed to the within instrument and acknowledged to me that he/S executed the same In hlAfidbak authorized capacity(tmt and that by his/biIiirRlaa3it signatures) on the instrument. the persont4 or the entity upon behalf of which the person(tacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws Of the State of California that the foregoing paragraph is true and coned WITNESS y and artQ�(fi al i. Signature �1�/,1 StOmWeM NOfaPf PWtc t3PnONAL Though the inhrmat/on below is not required by law, AmayPMW MAaabfe to Persons relying on the document and could prevent fraudutanf rsmotmt and raaeeohmeM of fh/s kern to anottrsr doctvnent Description of Attached Docu ment ument Title or Type of Document R41+/-4 1 p 1C t- yYIGYVP, Rbn/ Document Date: 7J' I'd ' ,,11 Number of Pages: a Signer(s) Other Than Named Above: �yylillf; M(ii+1QNr.1 Capacity(ies) Claimed by Signer(s) Signer's Name: William B. Davenport ner`s Name U Individual 01 dual XI Corporate Officer — Tite(s): Sggr acy�_>+O 0 Corpo C 1 Partner —D Limited L! General U Part ,J Attorney in Fact ner — 0 Attorney in I U Trustee T w Mu s 0Trustee D Guardian or Conservator 0 Guardian or 'J OMer. ❑ Omen Signer Is Representing: KDC C. dba Dvnalectric Signer is n dba Kt c Systems — Title(s)' led 0 General , W TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219656 Certificate No. o O L e'ir 7 6 2 8 7 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Mary Alice J. Corbett, and Camille Maitland of the City of Garden City , State of New York , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guarameeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perizatWin atty,06ons cr.preceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrf nvmto'be signed and thStvt rjaorate seals to be hereto affixed, this day of February 2008 w``y. g' 18th Farmington Casualty CeVlaiunV SL Paul Guardian Insurance Company Fidelity and Guaranly)usrmao 4nritpav, St. Paul Mercury Insurance Company Fidelity and Guaranty Insutauice Underwr$ers, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company y+,•. 5lnrry TM IMS`� 1pi XbV9y Vbm Of SEAL O State of Connecticut City of Hartford s5. By. 1) r rr rt,H Georg Thompson, (:or im President On this the 18th day of February 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �,7ET In Witness Whereof, I hereunto set my hand and official seal. ' 7*hR My Commission expires the 30th day of June, 201 I. P p�UIG$} 58440 -5.07 Printed in U.S.A. Marie C. Tetreault. Notary Public E 0 Af`i .y,"q r!C�?'�'iR!f,sga vc. :�YC.l iR'r+KSa `.;�'fi:r State of New York County of Nassau On August 12, 2008 before me, Melissa Howard, Notary Public, personally appeared Camille Maitland, Attorney -in -Fact of Travelers Casualty and Surety Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MELISSA OWARD NOTARY PUBLIC, STATE OF NEW YORK NO.01HOS173941 QUALIFIED IN SUFFOLK COUNTY TERM EXPIRES SEPTEMBER 46 2011 L TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 20D7 AS FILED IN THE STATE OF NEW YORK CAPITAL STOCK $ 6,0DOADD CASH d INVESTED CASH } 74,575,111 UNEARNED PREMIUMS S 83Dtme.152 BONDS 3,171,426,610 LOSSES 907,184,263 STOCK 14,356A%7 LOSS AQAIST3IEAIT EXPENSES 153=,02S INVESTMENT INCOME DUE AND ACCRUED 42,$26,864 COMMISSIONS 34,054,809 PREMIUM BALANCES 196;667,802 TAXES, LICENSES AND FEES 19,747,911 NET DEFERRED TAX ASSET 4%3W.SSS OTHER EXPENSES 34.494,038 REINSURANCE RECOVERABLE 7.619.102 FUNS HELD UNDER REINSURANCE TREATIES 123,307,214 OTHER ASSETS 3,744982 CURRENT FEDERAL, AND FOREIGN INCOME TAXES 27,6781126 REMITTANCES AND ITEMS NOT ALLOCATED 59,653,721 AM0LKTS WITHHELD I RETAINED BY COMPANY FOR OT HERS 34,315,822 PAYABLE TO PARENT. SUSS1DiAIRJES d AFFMTES 58.232.804 RETROACTIVE REMURANCE RESERVE 23 ,913,%9 POLICYHOLDER DIVIDENDS 8,740,193 PROVISION FOR REINSURANCE S,S16.971 CEDED REINSUI AMCE NET PREMIUMS PAYABLE (SS.035.104) OTHER ACCRUED EXPENSES AND UABRRIES TOTAL LIABILITIES 141704 �41� , CAPITAL STOCK } 6.000ADD PAR) IN SURPLUS 303.297.402 OTHER SURPLUS 961,319,576 TOTAL SURPLUS TO POLICYHOLDERS S 1,290.8ISA75 TOTAL ASSETS S 3.SSS.977.OS6 TOTAL LIABILITIES d SURPLUS 3 71 ON STATE OF CONNECTICUT } COUNTY OF HARTFORD }SS. CRY OF HARTFORD f LAWRENCE A SI TA, BEING DUI.Y SWORN, SAYS THAT HE 15 CHEF FIRMlCIAL OFFICER- TRAVELERS BOND d FIANCIAL. PRODUCTS, OF TRAVELERS CASUALTY AMHI SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AN CORRECT STATEMENT OF THE F04A NC AL. CONDITION OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER. 2007. A SUBSCRIBED AN SWORN TO 6EPORE ME THIS 111h DAY OF MARCH, 2008 70TA��' \� 8 0 'tY\ctu.� C , NOT Y PUBLIC MAR ft: I, Tf�7R3�AtiL7 I if,t.;T'I•Pahlir F.Fput�?r;,�...it;, spt Chubb PEER Federal Insurance Company Attn: surety Qepanmaut OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 OPi1Ja Know A9 by These Presents, That COMPANY, a New York corporation, ate appoint Thomas Bean, Maaryry Alice J Lupski, Gerard S. Machotz, Camill Scalera of Garden City, New York— an Bashastheirtrue and bwMAttomey In. Fed banadoundermuch designation In their names and bat eniftar porabtwitfo and deNeriwandM to* behatassuety tmrem or Otherwise. bonds and underlaldrW and other WOW obWtay in the nature theroN (other tan bid bands) given a exavtad In the oouroa of buWroae, and any putr, msm@ emendpg era*" aro same, and antenta to the modfl AWn or atsratlon of any M4umntdmWmd to In said bonds OFobffa&" a. 1nWUm Whasof, said FEDERAL INSURANCE COMPANY, VIORANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and itested dose msem and on*d uidrarp mw seats a t h 17th day of May, 2007 enaeth C. Wendel, Assistant t,eerotay David STATE OF NEW JERSEY ss. caantymsomeroet onthis 17th . day d May, 2007 b* mrov,a Notary Publbof Now Jersey. peamradly came KamearC.wnwa,bme knem b be Asdabnl Secretary of FEDERAL INBURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the cot pWea wNch movAnd La foregoing Pawar of Affomey, and rim said Kannoth C. Wendel. being M eM duly swonx did depose and say thal he b Assistant Secretary of FEDERAL INSURANCE COMPANY, VIOLANT NSURANCE COMPANY. end PACIFIC INDEMNITY COMPANY and Imcin the coperata seats Uses&. 2101 the seals atbnd b the breodrp Poser of Aftaaey am such osryorau sears and were thereto atmmd by &*idly of tro Sy, Laws of said Companies: and that he sigred sMd Pmwr of Attorney as Assistant Secretary of sub Companies by Oka adhodly; and Ittst he b arg,mided wtlh David B. Norris, Jr.. and brows him b be vim Pasidera of said Co paraw and tat the signature of DaNd a. Node, Jr., subscribed to said Power of Aflemey 10 In ft gualna handNftV of David R. Norte. Jr., and was dweb subsumed by Kkwftof said By, Laws and in deponenPs prseona Notada oTAftr N p NO" No,1:32; � �,y ieUallC CDrnmb2lan rxpiret Od. 25, 2009 radaty Pursue J CERTIFICATION Ednafrom QhaBylasn or FEDERAL INSURANCE COMPANY, VMR NT INSURANCE COMPANY, Oral PACIFIC NDEMWN COMPANY: -AV pawars of atbmay, br and an bo W of the Company may and atat be emculsd In the Memo and on boat of the Company, ether by One Chatmmn a ore Presided or a Vice President a an Aselstam Vies ProsldeM, Jo * with the Saretay or en Asaldad SeaotaY. ceder that respec" desVdtbra The signoua of wish officers bay be en7eved printed or 12hograplhnd, The sign" of each of ft Win fnY Ofgaa: Chakmen. President, cry Vice Prasldanf. any Assistait Vim PreeldenL o y Sawetaty, any Assistant Serrelary end be eeel of the Compey may be afrixod by faalmlie to any POW .of Waney Of b arty eeditcata releWg thareb appointing Auletard Saarotal0s o AttorrOeyo- Ins Fact for purposes ontyMsescufing and adestrg bonds dal undalakaree and cow vMMgt obtpamry In tm noun tlmred. and any such power of aftunaya aracano beadng wx h famimge aignaMe or laosin2e seal shat be valid and bndrg Open the Cmpay and cry such power w eaeouted and wOod by such farmknSe strmorre ad bhstmga asarsima be vald and bbmng upon the company with rospad to cry bad OrurderbMng to Mich It Isadedmd' ..._. I, Kenneth C. Wende6 Assistant Seaeeyof FEDERAL INSURANCE COMPANY, VIGLANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY tft TompvnW) do hereby can* that . 0) fba brogift osdraaaf the By. Left ofga Companies tawa and amea (g) the Companies are duly licensed and auU*dnd In b,mmaot surety bfmhaes In ell 50 of the Unted Sfabe of Amedw end the Dlstild of Cdwd fa end ere mftdmd by ft U.S. Treasury DeparMmrt 0a0rer. Federal and V%ftt are Ytamed In Puerto RICO and the U.S. Vlrgb bWtsh, ad ream od Is IESnaed in Amaidah Samba. Gram. and each of the PwAms Or Canada except Prfnaa Edward Isla d: and W0 marre oobgPOwaofAfinmeyr Mrs. coined and In5ararm and 09ML Ghrenn under my$ hand and arols of sans Caxpades at Warren. WWs 12th day of August, 2008 Marble+ •tea' s !'..v /�� Konrata C andak Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CI.AIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE. OR BY Telephone (806) 803 3483 Face (S08) 903.3656 9malk swwty@chubb.com Form 15-10.02259- U (Ed, 5- 03) CONSENT 0 State of New York County of Nassau On August 12. 2008 before me, Melissa Howard, Notary Public, personally appeared Camille Maitland, Attorney -in -Fact of Federal Insurance Company personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC, &TATE OF NEW YORK NO.01HOS179941 QUALIFIED IN SUFFOLK COUNTY TERM EXPIRES SEPTEMBER 4, 2011 i f FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS ASSETS Cash and Short Term Investments ............. $ United States Government, State and Municipal Bonds ......... ............................... 11,760,927 Other Bonds ................. ............................... 3,748,134 Stocks........................... ............................... 1,228,819 Other Invested Assets .. ............................... 1,813 473 Statutory Basis DECEMBER 31, 2007 (n thousands of dollars) 268,650 TOTAL INVESTMENTS LIABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Loss Expenses.... $ 11,665,892 Unearned Premiums .................... _................ 3,576,372 Reinsurance Premiums Payable ............... 388,475 Provision for Reinsurance ............................ 152,814 Other Liabilities ................. ............................... 1,010,325 18,820,003 TOTAL LIABILITIES ................................... _... 16,793 878 Investments in Affiliates: Chubb Investment Holdings, Inc . ........ ......... 2,488,838 Capital Stock...................... ............................... 20,980 Pacific Indemnity Company ............................. 1,842,863 Paid - In Surplus ............ _ ........ .................. _... 3,106,790 Chubb Insurance Investment Holdings Ltd.... 886,556 Unassigned Funds ........... ............................... 9,749,409 Executive Risk Indemnity Inc ......................... 820,609 CC Canada Holdings Ltd ............................... 567,070 Great Northern Insurance Company ............. 374,275 SURPLUS TO POLICYHOLDERS.......... 12,877,179 Chubb European Investment Holdings SLP.. 304,522 Chubb Insurance Company of Australia ....... 178,307 Vigilant Insurance Company .......................... 150,317 Other Affiliates ................ ............................... 257,152 Premiums Receivable ...... ............................... 1,552,350 Other Assets ......................... ............................... 1.428.195 TOTAL LIABILITIES AND SURPLUS TOTAL ADMITTED ASSETS ........... _... $ 29,671,057 TO POLICYHOLDERS _ .......................... $ 29,671,057 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at $478,269,830 are deposited with government authorities as required by law. A CORRECT STATEMENT: A936119008eoW00" Attomey -in - Fact Camille Mattland . ".,. ,.—', ..vat MARSH CERTIFICATE OF 114811RANCE CYC-002966846 -0 NYC - 002966846 -OS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER MARSH LISA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 601 MERRITT 7 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE KIM RICHARDSON FAX (203) 229 -6787 AFFORDED BY THE POLICIES DESCRIBED HEREIN. EMCOR.CERTREQUEST @MARSH COM NORWALK, CT 06856-6010 COMPANIES AFFORDING COVERAGE — - - - - - -- - - COMPANY 58870- KIR -CA -WC -07/08 ABFG X A Continental Casually Company COMPANY - -_� INSURED KDC INC B American Casualty Company Of Reading, Pa D/B /A DYNALECTRIC 4462 CORPORATE CENTER DRIVE COMPANY LOS ALAMITOS, CA 90720 C -_- -- '_- COMPANY D COVERAGE$ This certificate supersedes and replaces any previously issued certificate for the policy period h6bad below. 6 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMMIDDNYI DATE (MMIDONY) A GENERALLIABILITY GL 2095783234 10101/07 10/01/08 GENERAL AGGREGATE $ 6,000,000 PRODUCTS - COMPADP AGG $ 14,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR PERSONALBADVINJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 OWNER'S B CONTRACTOR'S PROT X FIRE DAMAGE (My one fire) $ 500,000 PER PROIFCT(.FNFRAI AGGREGATE APPLIES MED EXP one rsan $ 25,000 A AUTOMOBILE LIABILITY BUA 2095783282 10!01/07 10101/08 COMBINED SINGLE LIMIT $ 2,000,000 BODILY INJURY AUTOS $ D AUTOS (Pr p erson) BODILY INJURY (Per accitlenl) LNYA S DAUTOS $ PROPERTY DAMAGE SICAL DAMAGE P/$500 COLL DED GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO I EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY L 2068208285 10101/07 10101/08 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 UMBRELLA FORM $ OTHERTHANUMBRELLA FORM B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 295783217 (CA) "10/01107 10/01108 X TORYLIMITS ER _ EL EACH ACCIDENT $ 1,000,000 EL DISEASE- POLICY LIMIT $ 1,000,000 THEPROPRLETORJ X INCL PARTNEFTSI XIE MIVE OFFICERS ARE. EXCL EL DISEASE -EACH EMPLOYEE $ 1,000,000 TN DESCRIPTION OF OPERATIONSIWCATIONSIVEHICLESISPECIALITEfAS RE: WESTCLIFF STREETLIGHT REPLACEMENT ADDITIONAL INSURED UNDER ALL POLICIES (EXCEPT WORKERS' COMPENSATION & EMPLOYERS LIABILITY) WHERE REQUIRED BY CONTRACT: CITY OF NEWPORT BEACH ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS. COVERAGE PROVIDED TO THE ADDITIONAL INSUREDS IS PRIMARY & NON - CONTRIBUTORY WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE.HOLDER CANCELLATION , SH LD ANY OF THE POLICES DESCRIBED HEREIN RE CANCELLED BEFORE THE EXPIRATON DATE THEREOF THE INSURER AFFORDING COVENAGE N9rL ENCEAVOR TO MAIL _.3Q DAYS WRITTEN NOTICE TO THE CITY OF NEWPORT BEACH CERNFICAIE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTIOE SHALL IMPOSE NOOSLIGATION OR ATTN: ALFRED CASTANON PUBLIC WORKS DEPARTMENT LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE ITS AGENTS OR REPRESENTATIVES OR THE 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 IBSNFR OF THIS CERTIFICAIL PUTHORITEO REPRESENTATIVE of Marsh USA Ina 4... . / BY: John Lapreay C' /'� MMi(3102) VALID AS OF:08119108 0 0 ADDITIONAL INFORMATION PRODUCER MARSH USA Inc 601 MERRITT 7 KIM RICHARDSON FAX (203) 229 -6787 EMCOR.CERTREQUEST @MARSH.COM NORWALK, CT 06856 -6010 958870- KIR- CA_WC-07 108 _ ABFG _ X INSURED KDC INC D /B /A DYNALECTRIC 4462 CORPORATE CENTER DRIVE LOS ALAMITOS, CA 90720 CONTINUED FROM DESCRIPTION SECTION: ADDITIONAL INSUREDS UNDER ALL POLICIES. CITY OF NEWPORT BEACH ATTN: ALFRED CASTANON PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 DATE IMMIDONYI NYC - 002966846 -05 0811 9108 COMPANIES AFFORDING COVERAGE COMPANY E COMPANY F COMPANY G COMPANY H AUTRORIZED REPRESENTATIVE of Marsh USA Inc. BY: John Lapreay • ! PClLICY NUMBER GL2095753234 Ci: 24 V4 10 93 Continental lnsuranceCo 10101!2007 10.. +01i20G, THISENDORSEI4IENT CHANCES THE POLICY. PLEASEREADITCAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO ITS This endorsement modfies insurance provrdedunder the following COAeIMERCIAL GT:ITRAL LIABILITY CIDVEB.AGEPART SCHEDULE Name of Person or Organization: RE: WESTCLIFF STREETLIGHT REPLACEMECIT. CITY OF NEWPORT BEACH ITS OFFICERS, AGENTS, OFFICIALS, EWLOYEES AND VOLUNTEERS (Ifno entry appears above, information required to complete this endorsementwillbe shown in the Declarations as appli cable to this The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended hythe addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done uhder a contract with that person or organization and included in the "products completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above CG 24041093 CopynghyLtsurance Services Of6ce, HenFoun, &Semces Pe rderHo 14-M78 • 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANVET WAIVER OF OUR RIGHT TOR ECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It Is agreed that Part One -Workers' Compensation Insurance G. recovery From Others and Part Two - Employers Liability Insurance H. Recovery From Others area mended by adding the following: We will not enforce our nght to recover against persons or organizations. (This agreemena applies only to the eutent that you perform work under a wntten contract that requires you to obtain this agreement from us.) PREMUM CHARGE - 5% of the total standard premium for C aldornia exposure. Endorsement Elfechre 10/01/2007 10/01/2008 Policy No. WC 295783217 Insured American !'asualty Company of Reading, PA Gt91EO.A. (Ed. O Ir'93) POLICY NT.1IABER: GL 209 578 323 4 Fameily Y�,own As 0] 20 10 11 85 Continemal Casualty Co. 10101/2007 1010112002 TIES ENDORSEMENT CHANGES THEPOLICY. PLEASE READ ITCAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORI1•I B) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THEFOLLCYWING COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERS ON OR ORGANIZATION: RE: WESTCLIFF STREETLIGHT REPLACENff.NT. CITY OF NEWPORT BEACH ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS. (IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILLBE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT) WH OIS AN INSURED (SE CPION II) IS AMENDED TO INCLUD E AS AN INSURED THE P ERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LLABILII Y ARLSDZG OUT OF "YOUR WORK" FORTHATINSURED BY OR FOR YOU. Includes copynght material of Insurance Services Offices. Inc. used w ith its permission. Formerly Known As CG 20 10 11 85 Hart Fomv & Service Rewder No. 149389 0 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLAN ET ADDITIONAL INSURED - AS REQUIRED BY CONTRACT TIES ENDORSEAIENT MOD IFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGEFORM SCHEDULE NAME OF PERSON OR ORGANIZATION: ANY PERSON OR ORG.ANTZATIONFOR WHOM YOU ARE OBLIGATED TO PROVIDE BUSINESS AUTO LIABILITY INSURANCE COVERAGE AS AN ADDITIONAL INSURED BY CONTRACT OR AGREEMENT; EXCEPTTHAT WTIH RESPECT TOATRAILER DESIGNED FOR USER WITH A PRIVATE PASSANGER. AUTO, OWNED, HIRED BY, OR LOANED TO THE NAMED INSURED OR ANY EIv1PLOYEE WHILE INTHE COURSE OFBUSn,IESS OFTHE NAMED INSURED,THEPROVISICN OF THIS ENDORSEMENT SHALL ONLY APPLYTO SUCH PERSONOR ORGANIZATION UNDER A CaITRAC-T OR AGREEMENT PARAGRAPH 1 'tiAHOIS ANII�TSURED (Section II- LIABILITY COVERAGE) LS APgNDED TO INCLUDE AS A14 INSURED. THE PERSON OR ORGANIZATION SHOWNIN THE SCPIEDULE, BUT ONLY WITHRESPECTTO LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE OR USE OFA COVERED AUTO. OUR I= OF LLABM= FOR THE ADDITIONAL INSURED WILL NOTEXCEED THE LIlgZTS OF LIABILITY Cam' THIS POLICY TBFB, TCLUSTONMCRE THAN ONE, INSURED IN THISPCLI (7f WILL NOT OPERATE TO INCREASE THE LIMIT OF THE COMPANY'S LIABILITY The a m bn event is part of your policy andtakes effect o n the effective date, of your policy, unless another of &ctive date is s luwnbelo w. Must Be Completed ENDT NO POLICY PTO, BUA 2095783282 8 CNA MRClM 08BUf- C 39543 Camplete 0.1, Wlen This Etdoxsemenl is Not Prepared WLh the Poliy Ot Is Not tube Effectre with the Policy 1.',SUED TO EFFECTIVE DATE OFT IIIS ENDORSEMENT FMCORGROVF kr 10/01/2007 10101f20U i POLICY NUMBER GL 2095783234 Continental Casualty Co. 10!01!2007 10/01/2008 0 COMMERCIAL GENERAL L IAB ILIT Y CG02241093 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Days Notice ......90...... (If no entry appears above, information required to complete this schedule will be shown in the D ecla rations as applicable to this endorsement ) For any statutorily permitted reason otherthannonpayment of premium,thenurnberof days required for notice of cancellation, as provided in paragraph 2. Of either the CANCELLATION Common Policy C ondition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG0224 1093 Copyright, Insurance 'services Office, Inc 1992 • • THIS ENDORSEMENT CHANGESTHE POLICY.PL EASE READ IT CAREFULLY. ADDITIONALINWRED PRIMARY COVERAGE THIS ENDOFSEI:4ENT MODIFIES INSURANCE PR.041DED UNDER THE FOLLOWING: COMMERCIAL G EN ERA L LIABILITY COVERAGE PART. IT IS AGREED THAT ANY PERSON OR ORGANIZATION DESCRIBED BELOW IS ANA DDITIONAL INSURED, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OFTHEOPERATION PERFORMED FOR THE ADDITIONAL INSURED BY OR ON BEHALF OFTHENAMED INSURED THEINSURANCE AFFORDEDTO SUCH ADDITIONAL INSURED IS PRIMARY ANY OTHERINSURANCE SUCH ADDITIONAL INSURED MY HAVE WILLBE NON- CONTEBUTING ANY OTHERENDORSEMENT, PROVISIONS, CONDITIONS AND EXCLUSIONSOF THIS INSURANCE SHALL REMAIN UNCHANGEDAND APPLY TO THE ADDITIONAL INSURED DESCRIBED BELOW TIw a ndon ement x part of your policy and takes eMc t on tle effatrve date of y. p.&,, ,nSes s ano they a t &etive date u sFeaes lolow Must Be Completed ENDT NO POLICY NO. 64 GL 2095183234 - Continental C;mmtty Co CNA ForAII The Czmneiments Yw M d:= Complete Only Wien This Erdorsement Is Not Prepazed With the Policy Orls Not tobe Effective miththe Policy ISSUEDTO EFFECTIVE DATEOF EMCORGROUP, INC. TIES ENDORSEMENT 10/0112007 10/0112008 G- 39543A • 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: American Casualty Company of Reading, PA B. AM BEST RATING (A: VII or greater): AXV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto additional insured endorsement and GL Primary & Non - contributory endorsement show that they were issued for Emcor Group, Inc. Not sure if this means that the Endorsement only covers Emcor Group. Inc. or not. Fax #: 0 • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 8/19/08 Dept. /Contact Received From: Shauna Oyler Date Completed: 8/20/08 Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: KDC Inc. A. INSURANCE COMPANY: _Continental Casualty Company B. AM BEST RATING (A: VII or greater): AXV INSURANCE COMPANY: Continental Casualty Company C. ADMITTED Company (Must be California Admitted): B. Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? S2M Each Occ /$6M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The LIMITS (Must be $1M min. BI & PD and $500,000 UM): City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON- CONTRIBUTORY WORDING (Must be ADDITIONAL INSURED WORDING TO INCLUDE (The City its included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named ❑ No insured is not limited solely by their negligence) Does PRIMARY & NON - CONTRIBUTORY WORDING (For Waste endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. ❑ No fl. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Continental Casualty Company B. AM BEST RATING (A: VII or greater) AXV 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? $2,000,000 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. ME COMMERCIAL GENERAL ��� c E LIABILITY COVERAGE PART 333 HI AGO IL 6060 CHICAGO IL 60604 DECLARATIONS b 1. PRODUCER NO. BRANCH PREFIX POLICY NUMBER INSURANCE IS PROVIDED BY THE COMPANY DESIGNATED BELOv I (A Stock insurance company, herein called the company) 013789 690 GL 2095783234 ® Continental Casualty Company NAMED INSURED & ADDRESS: (Number & Street, Town, County, State & Zip Code) ❑ National Fire Insurance Company of Hartford EMCOR GROUP, INC. ❑ American Casualty Company of Reading, Pa. 301 MERRITT SEVEN, 6' FLOOR ❑ Transportation Insurance Company NORWALK, CT 06851 ❑ Transcontinental Insurance Company NAMED INSURED IS ❑ INDIVIDUAL ❑ PARTNERSHIP 0 CORPORATION J ❑ Valley Forge Insurance Company ❑ JOINT VENTURE []OTHER Policy Period: From 10 -1 -2007 To: 10 -1 -2006 2. This Policy becomes effective and expires at 12 01 a in Standard Time at your Mailing Address Shown Above. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS CONTAINED HEREIN WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED. 3. AUDIT PERIOD IS ANNUAL UNLESS OTHERWISE STATED. 4. LIMITS OF INSURANCE: EACH OCCURRENCE LIMIT $ 2,000,000. FIRE DAMAGE LIMIT $ 500,000. ' ANY ONE FIRE, PERSONAL AND PRODUCTS - COMPLETED ADVERTISING INJURY LIMIT $ 2,000,000. OPERATIONS AGGREGATE LIMIT b 14,000,000. MEDICAL EXPENSE LIMIT $ 25,000. ANY ONE PERSON, GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS- $ 6,000,000. COMPLETED OPERATIONS) 5. BUSINESS DESCRIPTION: PLUMBING, HEATING, AIR - CONDITIONING LOCATION OF EACH PREMISE(S) YOU OWN, RENT, OR OCCUPY: PER SCHEDULE ON FILE WITH COMPANY 6. FORMS AND ENDORSEMENTS APPLICABLE AT TIME OF ISSUANCE: Premium: IL 0021 -Broad Form Nuclear Exclusion $ SEE MEN #4 7. YEAR IN TRANSITION PROGRAM: 8. PREMIUM FOR THIS COVERAGE PART Premium shown is payable at inception' $ 9. The declarations and the general declarations, it applicable, together with the common policy conditions, coverage form(s) and endorsements, it any issued to iorm a part thereof, complete the above numbered policy Countersigned' Date 6- 55770 -A A - IED.1186) V/,1}')',`4Q ~,' rr�1i'// Chairman of the Board By Authorized Agent Secretary 0 • NAMED INSURED ENDORSEMENT PROGRAM EXCLUDES COMSTOCK CANADA (FOR CANADIAN EXPOSURES), AND INCLUDES, BUT IS NOT LIMITED TO THE FOLLOWING LISTED ENTITIES: EMCOR GROUP. INC. DYN L A. KDC,INC D /B /A DYNALECTRIC KDC, INC. DBA KDC SYSTEMS MRC /M02GM7 1 OF 2 0 0 This endorsement is part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below Must Be Completed ENDT. NO. 1 POLICY NO. GL 2095783234 with ISSUED TO: Is Not DATE OF THIS ENDORSEMENT Countersigned by Authorized Representative G- 39543A MRC /M02GM7 2 OF 2 • Oyler, Shauna From: Gina Miller [gmiller @dyna- la.com] Sent: Wednesday, August 20, 2008 2:49 PM To: Oyler, Shauna Subject: RE: Certificate of Insurance Shauna, We are a wholly -owned subsidiary of EMCOR Group, Inc. Thanks, Gina Miller Accountant Dynalectric /KDC Systems 4462 Corporate Center Drive Los Alamitos, CA 90720 714 - 886 -4782 (Direct) 714 - 236 -2216 (Fax) email: gmiller @dyna- la.com "Oyler, Shauna" <SOyler @city.newport- beach.ca. us> To 08120/2008 01:47 PM "Gina Miller" <gmiller @dyna- la.com> cc Subject RE: Certificate of Insurance How is Emcor Group related to Dynalectric? 9 ! - - - -- Original Message---- - From: Gina Miller [mailto:gmiller @dyna - la.com] Sent: Wednesday, August 20, 2008 1:22 PM To: Oyler, Shauna Subject: RE: Certificate of Insurance Shauna, I have attached a Declaration from our insurance broker that states the policy is under the Corporation name and lists all the dba's insured under this policy. Please let me know if this is sufficient. If you would like to contact our broker directly his name is Bill Mullen 203.229.6652. (See attached file: EMCOR Declaration.pdf) Thank you, Gina Miller Accountant Dynalectric /KDC Systems 4462 Corporate Center Drive Los Alamitos, CA 90720 714 - 886 -4782 (Direct) 714 - 236- 2216(Fax) email: gmiller @dyna - la.com "Oyler, Shauna" <SOyler @city. newport- beach. ca. us> To 08/20/2008 11:17 AM "Gina Miller" <gmiller @dyna - la.com> cc Subject RE: z Certificate of Insurance The endorsements are issued to Emcor Group, Inc. Please correct and send me the revised documents. Thank you - - - -- Original Message---- - From: Gina Miller [mailto:gmiller @dyna- la.com] Sent: Tuesday, August 19, 2008 12:40 PM To: Oyler, Shauna Cc: Gina Miller Subject: RE: Certificate of Insurance (See attached file: 38074 - City of Newport Beach.pdf) Gina Miller Accountant Dynalectric /KDC Systems 4462 Corporate Center Drive Los Alamitos, CA 90720 714 - 886 -4782 (Direct) 714 - 236 -2216 (Fax) email: gmiller @dyna- la.com "Oyler, Shauna" 3 • • K DC INc. db. DYNM== CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL WESTCLIFF STREETLIGHT REPLACEMENT CONTRACT NO. 3868 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location, of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3868 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum As Built Plans rt�ollars Zoo and Cents Per Lump Sum 2. Lump Sum Mobilization Si, /v Tlftx+ssad T e @ #01101-0 r" /a,c'7/ f�51'02- Dollars and Z Cents Per Lump Sum Lump Sum Traffic Control too Dollars nnri 2 4'0 Per Lump Sum Cents $ �7 1/000 $ &' 2qS o0 $ 3j29.00 0 0 PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 4 Each Replace Existing Streetlight with Type I r/u Tll'6" o " �� @hu,pao 6 /eft l/ ,,2E Dollars and 2"o Cents $ 79900 Per Each 5. 2 Each Replace Existing Streetlight with Type 11 *1 6 cUSAWp S6VC1.I @ voacp Iv! rq - llt Dollars —� and $ 23 U;�f.� ZC,4LO Cents $ 54-744--o0 $ 11 L& o0 Per Each 6. 1 Each Relocate Existing Type I Standard 00eT4OvzA�19 6i401r- @da40,u0 6 T o Dollars Z4.ru> and Cents $ 04/2, co $ 8 Z • c;lp Per Each 7. 150 Each Replace Luminaire on Existing Type I E3, A- �x Hvm*o r"/ r krlDollars and Z4-aA> Cents $ �IS. oo $ lyZ, 2 �i�oo Per Each 17 Each Replace Luminaire on Existing Type II W&O, (yauo FA111i Dollars and Zco-o Cents $ X015 e m $ 7oSS. fx, Per Each 24 Each Reset Existing Streetlight Standard and Z Cents $ ZI78, eo Per Each $ (4 �/ 72100 • . KDC INC. dbe 0YNALEC1RiC PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 200 Each Install #3% F Concrete Pull Box @ � � 04fo Dollars and 2 Cents Per Each III i► i +►► �� 11. 59 Each Remove Existing Pull Box, Conduit & Conductors @ � v00'W � S'6ollars and Z&q.'D Cents $ 2810 cn $ Cv $ Tel o0 Per Each 12. 29 Each Replace Existing Pull Box with New #3% F Concrete Pull Box p G @ /NI'm oaoew JO�f ��ollars and 2t4t'r> Cents $ 3�0 1, oo $ Per Each 13. 27,730 LF Install 1 -114" PVC Conduit, w/ 248 Insulated Conductors, and 148 Bare Conductor @ Dollars and Z61W Cents $ X-' cn $ c{ , 00 Per Linear Foot 14. 1,200 LF Install 1 -114" PVC Conduit, w/ 448 Insulated Conductors, and 148 Bare Conductor @ -91utdTrEn1 Dollars and Zh Cents $ l $ �o_t, cx Per Linear Foot 15. 155 LF Install 1 -114" PVC Conduit, w/ 648 Insulated Conductors, and 148 Bare Conductor @T Gu'1�,' -/evA Dollars and Z"_�V Cents $27-00 $ / 8 S o0 Per Linear Foot . 9KDC INC. dba DYNALECTRIC PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 1,650 LF Install 248 Insulated Conductors, and 148 Bare Conductor In Existing Conduit @ I ylr-e e- Dollars and Cents $ $ Per Linear Foot 17. 125 LF Install 448 Insulated Conductors, and 148 Bare Conductor In Existing Conduit @ Vf Dollars and Cents $ �� 0C) $ O O Per Linear Foot 18. 100 LF Install 648 Insulated Conductors, and 148 Bare Conductor In Existing Conduit @ 3c.V-e,o Dollars and �7 0 p Cents s-7-110 $ / Per Linear Foot * 19. 1 Each Modify Existing Service Cabinet @ T„"cC tiun" Dollars and +V-dvif:� SIX Cents $ D0 $ 3�o,00 Per Each 20. 97 Each Clean and Paint Existing Mast Arm . @ DW- klW Vdtee Dollars and 6 G Seve y Cents $ Z7.0 0 $ 12131 9. Per Each 21. 1 Each Replace Existing Sidewalk Panel @SIX hayi& _ Dollars and Cents $ 1o1�.DD $ DO Per Each 0 0 PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 3 Each Install New Service Cabinet @Br'ec. +6-.t-'anJ Dollars 00-e- �W Ajl� f i'_ _ __!Cents $ 3� 514.6r) $ �i� x{ 62.00 Per Each TOTAL PRICE IN WRITTEN WORDS e S ik AVVd -eJ ,i9tq�fy orESur�o�/ Oh-P-, hutiJV-d Seve"WDollars and /J 0 Cents ilk � az;� r Date 714.55a55.-7000 11N. L400L1.w6%q +64 Bidder's Telephone and Fax Numbers $ j -%0•Oo Total Price (Figures) KDC INC. dbe DYNALECTRIC 550173 Pr, 6zC10,en C.31 C4(o Ak4L C.orpa-OAP We W OPQ t� q ao' Bidder's License No(s). Bidder's Address and Classification(s) Bidder's email address: nroberts " otina —icA . Co 0/, tsmith @ d 1v\a -1a -cow" Last saved by srooks07 /17/2098 9:28 AM EluserslpMJuharedlconlraclsVy 08- Mwestcliff streetlight replacement a38681proposal o-3868 (3).doc Encompass Detail Acct. Type: Business Tax License #: BT30023669 Bus. ID: 0053561 Name: KDC INC DBA DYNALECTRIC Owner Name: PESAVENTO. CHRIS A. Owner C Type: Exp. Date: 6130(2009 S Addy: 4462 CORPORATE CENTER DR S Addy 2: Addr3: LOS ALAMITOS CA Tap: 90720 B Addrl: 4462 CORPORATE CENTER DR B Addr2: B Addr3: LOS ALAMITOS, CA B Zip: 90720 Phone: 714 - 828 -7000 FEIN: 953041910 SEIN: 770706 Established: 602008 SIC: 1731 - ELECTRICAL WORK Owner #: 0053561 # of Emps: 0 usrl : 373623 usr2: usr3: usr4: usr5: usr6: 467790505 C. l Inbox - .,. 2 Per... + Extract 4 2 Into...- ; . Iv*V2 1:45 PM }� Check A License: Contracts License Detail . 0 Page 1 of 2 Skip to: CSLB Home I Content I Footer I Accessibility ISearcr Department of Consumer Affairs t O*G'OV Contractors State License toard ` Id IIIlllllllltlll I 1OO1 aII J!I ruIl ""NOW N ppinAm 101�Mrmill vueLilwc t � u�IIIBIU il�lllll we CSLB Newsroom Board and Committee DISCLAIMER: A license status check provides information taken from tht Meetings CSLB license database. Before relying on this information, you should be awa Disaster Information the following limitations. Center This license filed Contractors Bond number 103581572 in the am, of 812,500 with the bonding company TRAVELERS CASUALTY AND SURETY COMPANY OF AMERIC Effective Date: 01101/2007 http:l /www2. csl b. ca. govlG enera I -I nformationlintera ctive -too Is /check -a -I icense/Li... 07/23/2008 • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pi CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link o Frequently Asked to obtain complaint and/or legal action information. Questions • Per B &P 7071-1. 7, only construction related civil judgments reported to the CSLB are dig Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto tl Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 550173 Extract Date: 0712312( • Check Application Status Business K D C INC • Search for a Surety Bond Information: dba DYNALECTRIC Insurance Company 4462 CORPORATE CENTER DRIVE • Search for a Workers' LOS ALAMITOS, CA 90720 Compensation Company Business Phone Number: (714) 828 -7000 How to Participate Entity: Corporation Issue Date: 12/06/1988 Expire Date: 12/31/2008 License Status: This license is current and active. All information below should b. reviewed. Classifications: CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR C10 ELECTRICAL C -7 LOW VOLTAGE SYSTEMS B GENERAL BUILDING CONTRACTOR C31 CONSTRUCTION ZONE TRAFFIC CONTROL C46 SOLAR Bonding: CONTRACTOR'S BOND This license filed Contractors Bond number 103581572 in the am, of 812,500 with the bonding company TRAVELERS CASUALTY AND SURETY COMPANY OF AMERIC Effective Date: 01101/2007 http:l /www2. csl b. ca. govlG enera I -I nformationlintera ctive -too Is /check -a -I icense/Li... 07/23/2008 Check A License: Contract* License Detail . Page 2 of 2 Contractors Bonding History BOND OF QUALIFYING INDIVIDUAL 1. This license filed Bond of Qualifying Individual number 10349 for CHRISTOPHER ANTHONY PESAVENTO in the amount $12,500 with the bonding company TRAVELERS CASUALT\ AND SURETY COMPANY. Effective Date: 01/01/2007 BQI's Bonding History Workers' This license has workers compensation insurance with the Compensation: AMERICAN CASULATY COMPANY OF READING PA Policy Number: WC295783217 Effective Date: 10/0112007 Expire Date: 10/01/2008 Workers' Compensation History Miscellaneous DATE DESCRIPTION Information: 01/30/2001 CLASS A REMOVED Personnel listed on this license (current or disassociated) are listed on other licenses. Consumers I Contractors I Applicants I Journeymen I Public Works I Budding Officials I General Info CSLB Home I Conditions of Use I Privacy I Contact CSLB Copyright © 2007 State of California http: / /www2. cslb. ca,govI General - Information/ interactive - tools /check -a- license /Li... 07/23/2008 DISCLAIMER: The information displayed here is current as of JUL 18, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation KDC INC. Number: C0770706 Date Filed, 6/1/1976 Status: active Jurisdiction: California Address 4462 CORPORATE CENTER DRIVE LOS ALAMITOS, CA 90720 Agent for Service of Process CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC - LAWYERS INCORPORATING SERVICE 2730 GATEWAY OAKS DR STE 100 SACRAMENTO, CA 95833 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler. ss. ca. gov /corpd ata /ShowAl I List ?Q ue ryCorpN umber= C0770706 &pri... 07/23/2008 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS WESTCLIFF STREETLIGHT IMPROVEMENTS CONTRACT NO. 3868 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 9 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.5.1 Steel Plates 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1.2 Concrete Specified by Class 11 201 -2 REINFORCEMENT FOR CONCRETE 11 201 -2.2.1 Reinforcing Steel 11 201 -7 NON - MASONRY GROUT 11 201 -7.2 Quick Setting Grout 11 SECTION 203 BITMINOUS MATERIALS 12 E 203 -5 EMULSION - AGGEGATE SLURRY 203 -5.2 Materials 203 -5.3 Composition and Grading PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK is 12 12 12 13 300 -1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.1 General 13 300 -1.3.2 Requirements 13 300 -1.5 Solid Waste Diversion 13 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 14 303 -5.1 Requirements 14 303 -5.1.1 General 14 303 -5.5 Finishing 14 303 -5.5.1 General 14 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 14 308 -1 General 14 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 15 400 -2 UNTREATED BASE MATERIALS 15 400 -2.1 General 15 400 -2.1.1 Requirements 15 F:lUsers\PBW\Shared\ContractsTY 08-09Mestcliff Streetlight Replacement C- 38681SPECS INDEX C- 3868.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS WESTCLIFF STREETLIGHT IMPROVEMENTS SP 1 OF 15 CONTRACT NO. 3868 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. E- 5064 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, `The work necessary for the completion of this contract consists of installing, removing and relocating street lighting facilities and appurtenances as shown on plans, as dictated by the specifications and special provisions, and as directed by the City." 2 -9 SURVEYING Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall SP2OF15 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 Contractors costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to SP3OF15 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 utility is damaged by the Work and is not re- useable, the Contractor shall provide and install a new utility of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing lighting facilities and appurtenances. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor bear all costs and shall make arrangements for the delivery of salvaged materials by contacting Mr. Herb Wollerman, Electrical Services Supervisor, at (949) 718 -3406. SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of SP4OF15 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 60 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 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 — half day), December 25th (Christmas), and December 31St (New Years Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m. Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work later than 4:30 p.m. and up to 6:30 p.m. weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, he must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period, except in emergencies involving immediate hazard to persons or property. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Denial of such request(s) will not be sufficient reason to grant the Contractor an extension of time. Additionally, the Contractor shall pay for inspection costs of $50.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the 60 consecutive calendar days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with Section 6 -7 -1, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." SP5OF15 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca. us /pubworks /links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. 0 • SP6OF15 c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), latest editions, also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the 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 SP7OF15 of 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 (WATCH), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. SP 8 OF 15 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. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a Class A or C -10 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. Pursuant to California Labor Code Section 3099, certification is required for all persons who perform work as electricians for contractors licensed as Class C -10 electrical contractors. Proof of certification for all individuals on the project shall be provided to the City prior to the award of contract. 7 -16 CONTRACTOR'S RECORDSMS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built' plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 0 0 SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT SP9OF15 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 As Built Plans (and DBE Certification if applicable) Item No. 2 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 3 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 4 Work under this item shall include replacing existing street light standard with contractor furnished Type I standard and 70 watt, 240 volt H.P.S. luminarie w/ photo electric cell and enclosed ballast. Furnish and install double fuseholder w/ 5 amp fuses (TRON #HEX -AA) in adjacent pull box as per STD - 205 -L. Install standard on new foundation per CNB STD - 200 -L. Install new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L. Item No. 5 Work under this item shall include Replacing existing street light standard with contractor furnished Type II standard and 200 watt, 240 volt H.P.S. luminaire w/ photo electric cell and enclosed ballast. Furnished and install double fuse holder w/ 5 amp fuses (TRON #HEX -AA) in adjacent pull box as per STD - 205 -L. Install standard on new foundation per CNB STD- 201 -L -B. Install new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L. SP 10 OF 15 Item No. 6 Work under this item shall include Relocating existing Type I Standard as directed by the city's representative. Install new 70 watt. 240 volt H.P.S. luminaire w/ photo electric cell and enclosed ballast. Furnish and install double fuse holder w/ 5 amp fuses in adjacent pull box. Install standard on new foundation per CNB STD -200- L. Install new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L. Item No. 7 Work under this item shall include Replacing luminaire on existing Type I Standard with new 70 watt, 240 volt H.P.S. luminaire per CNB STD -200 -L w/ photo electric cell and enclosed ballast. Furnish and install double fuse holder w/ 5 amp fuses in adjacent pull box. Install new 1" PVC conduit and wiring from pole to base to adjacent pull box per CNB STD -204 -L and STD - 205 -L. Item No. 8 Work under this item shall include Replacing luminaries on existing Type II Standard with new 250 watt, 240 volt H.P.S. luminaries per CNB STD -201 -L w/ photo electric cell and enclosed ballast. Furnish and install double fuse holder w/ 5 amp fuses in adjacent pull box. Install new 1" PVC conduit and wiring from pole base to adjacent pull box per CNB STD -204 -L and STD - 205 -L. Item No. 9 Work under this item shall include Resetting existing street light standard on existing foundation and re- grout. Item No. 10 Work under this item shall include Installing #3' /z F concrete pull box per CNB STD -204 -L and STD - 205 -L. Where 5 or more conduits terminate in a pull box, a #5 F concrete pull box shall be installed. Location to be determined by the city's representative. Item No. 11 Work under this item shall include Existing pull box to be removed. Remove existing abandoned conduit and conductors and restore surface (full panels) to match adjacent area as instructed by the city's designated representative. Item No. 12 Work under this item shall include replacing existing pull box with new #3'/2 F pull box. Item No. 13 Work under this item shall include installing 1 -1/4" PVC conduit, w/ 2- #8 insulated conductors and 148 bare conductor. Conduit shall be installed under sidewalk as directed by the city's representative. Item No. 14 Work under this item shall include installing 1 -1/4" PVC conduit, w/ 4- #8 insulated conductors, and 148 bare conductor. Conduit shall be installed under sidewalk as directed by the city's representative. Item No. 15 Work under this item shall include installing 1 -1/4" PVC conduit w/ 6- #8 insulated conductors, and 148 bare conductor. Conduit shall be installed under sidewalk as directed by the city's representative. • r SP 11 OF 15 Item No. 16 Work under this item shall include installing 248 insulated conductors and 148 bare conductor in existing conduit. Conduit ends shall be re- sealed with ductseal or equal. Item No. 17 Work under this item shall include Installing 448 insulated conductors and 148 bare conductor in existing conduit. Conduit ends shall be re- sealed with ductseal or equal. Item No. 18 Work under this item shall include Installing 648 insulated conductors and 148 bare conductor in existing conduit. Conduit ends shall be re- sealed with ductseal or equal. Item No. 19 Work under this item shall include modifying existing service cabinet to provide 2 -2p 20 amp breakers for the required circuits as shown on plan and connect wiring. Coordinate with city's representative and SCE. Item No. 20 Work under this item shall include cleaning and painting existing mast arm as directed by the city's representative. Item No. 21 Work under this item shall include replacing existing sidewalk panel with new per city standards. 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." 0 F-1 L SP 12 OF 15 SECTION 203 - -- BITUMINOUS MATERIALS SECTION 203 -5 EMULSION - AGGREGATE SLURRY 203 -5.2 Materials. Replace 1) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of COS -1 h of 203 -1.3 (Test Reports and Certification), 203 -3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2Yz percent of weight of the emulsified asphalt. Latex - added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203 -5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203 -5.3 Composition and Grading. Replace Residual Asphalt percentage of Dry Aggregate Weight for Type II aggregate from a value of 7.5 minimum to 8.5 minimum. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials SP 13 OF 15 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. newt port- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. • • SP 14 OF 15 SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. SP 15 OF 15 b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Prunina a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." F:W sersFBW\Shared\Contracts\FY 08-091Westcliff Streetlight Replacement C- 38681SPECS C-3868.doc Y- • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT J.. Agenda Item No. August 12, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon, Associate Civil Engineer 949 - 6443314 or acastanon @city.newport- beach.ca.us SUBJECT: Westcliff Street Light Replacement - Award of Contract No. 3868 Recommendations: Approve the project plans and specifications. 2. Aware! Contract No. 3868 to KDC, Inc., dba "Dynalectric, Inc." for the Total Bid Price of $680,170, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $68,000 to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on July 22, 2008 the City Clerk opened and read the following bids for this project: BIDDER Low KDC, Inc., dba Dynalectric 2 Pouk & Steinle, Inc. 3 HMS Construction, Inc. 4 Christopher R. Morales, Inc. 5 California Professional Engineering 6 Pro Tech Engineering, Corp. 7 Steiny and Company, Inc. 8 Moore Electric Construction, Inc. 9 Temo, Inc. TOTAL BID AMOUNT $680,170.00 $723,636.00 $780,240.00 $836,890.00 $842,652.50 $913,965.00 $909,955.00 $962,921.00 $969,041.00 The low total bid amount is 21 percent below the Engineer's Estimate of $855,885. The disparity between the estimate and the actual bid prices reflect a more favorable construction market. The low bidder, Dynalectric, Inc., possesses a California State Contractors License Classification "A° as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. Project Description: The Westcliff Street Light Replacement project involves replacement of obsolete street lights that were installed more than 40 years ago and the replacement of steel poles with Westcli f Street Light Replacement - Award of Contract No. 3868 August 12, 2008 Page: 2 standard concrete poles, as well as deteriorating conduits, conductors and concrete pull boxes. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the repair of existing facilities involving negligible or no expansion of existing use. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting .work, two City prepared notices will be distributed by the contractor to adjacent residents and businesses. The first notice will be distributed ten days before work and the second notice 48 hours prior to starting work in the area. Geotechnical. Material Testing, and Survey Services: Geotechnical, material testing, and survey services are not anticipated for this project. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Street Light Conversion Program Proposed uses are as follows: Vendor Dynalectric, Inc. Dynalectric, Inc. Prepared by: 6�00 Alfre Castanon Associate Civil Engineer Attachments: Project Location Map Account Number Amount 7013- C2202000 $748,170 Total: $748,170 Purpose Amount Construction Contract $680,170 Construction Contingency $68,000 Total: $748,170 Submitted by: t'n G. Badum Works Director 0 0 WESTCLIFF STREET LIGHT CITY OF NEWPORT BEACH I REPLACEMENT PUBLIC WORKS DEPARTMENT I PROJECT LOCATION MAP • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 August 12, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee @city.newport- beach.ca.us SUBJECT: Castaways Park Marines 1/1 Monument — Completion and Acceptance of Contract No. 4003 Recommendations: 1. Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On February 26, 2008, the City Council authorized the award of the Castaways Park Marines 1/1 Monument Project to E.C. Construction. The contract provided for the removal of existing pavement, installation of new pavers, and construction of the Marines 1/1 monument and donors' plaque foundations. The installation of the monument was completed by the artist, Benjamin Victor, and City staff. The contract has now been completed to the satisfaction of the Public Works Department. Summaries of the contract cost and schedule are as follows: Contract Cost Summa Original bid amount: $27,421.75 Actual amount of bid items constructed: $27,046.89 Total amount of change orders: - $1,732.60 Final contract cost: $25,314.29 The change in the final contract cost is primarily due to a reduction in existing pavement removal due to acceptable existing base material. The change orders resulted in an approximate eight percent (8 %) reduction compared to the original bid amount. �astaways Park Marines 1/1 Monument - Complet d Acceptance of Contract No. 4003 August 12, 2008 Page 2 The following is a list of the change orders associated with this project. CO# Description Cost Construct donors' pedestal foundation $ 865.00 Revise decorative paver specifications $ (420.20) 3 Modify over - excavation /compacting quantity $ (2,177.40) Change Order Total $(1,732.60) Schedule Summa Estimated completion date per June '07 schedule: May 21, 2008 Project award for construction: February 26, 2008 Estimated completion date at award: May 6, 2008 Actual completion date: April 25, 2008 Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability: In addition to the primary construction contract, this project involved other project expenses summarized as follows: Construction $25,314.29 Artist* $97,500.00 Site Improvements $9,569.00 Incidentals $2,901.16 Total Project Cost $135,284.45 *The commission for the monument was funded by private donations. Funds for the construction project were expended from the following account: Account Description Marines 1/1 Monument Prepared by: ris Lee Senior Civil Engineer Account Number Amount 7014- C8002007 $25,314.29 Submitted by: tephen G. Badum Public Works Director