Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-7094-1 - City Radio Tower Rehabilitation Contract
January 10, 2018 Petroleum Telcom, Inc. DBA Telcom, Inc. Attn: Dale Hines 411 N. Lombard Street Oxnard, CA 93030 Subject: City Radio Tower Rehabilitation C-7094-1 Dear Mr. Hines: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAx newportbeachca.gov On January 10, 201, 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 65 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 January 17, 2017 Reference No. 2017000019542. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 024068127. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure (Premium subject t� adjustment based on final contract price) Bond No.: 024068127 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024068127 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $12, 764.00 being at the rate of $30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Petroleum Telcom, Inc. DBA Telcom, Inca hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of: construction of new guy anchors and foundations; removing existing antennae from existing tower; testing, replacing, and storing antennae during tower construction; removing and disposing of existing cable lines; removing and storing existing beacon light kit and side lights; dismantling and disposing of existing 320 foot tall guyed tower; relocate and run underground conduits to building; remove fence, bollards, and existing concrete guy tower foundation; demolition and removal of existing guy anchors; construct new guy tower foundation pad; installation of new 320 foot tall guyed tower; reinstalling existing and proposed antennae on new guy tower and associated cable lines; install bollards; install new chain link fence; and install grounding system including cable and rods, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty 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 Four Hundred Twenty Five Thousand Four Hundred Fifty Eight Dollars and 001100 ($425,458.00) 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, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. Petroleum Telcom, Inc. DBA Telcom, Inc. Page B-1 Bond No.: 24068127 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 City, only in the event 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 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 City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20thday of July ,20 16 Petroleum Telcom, Inc. dba Telcom, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Dr So #200 Orange, CA 92868 Address of Surety 714-634-3311 Telephone APPROVED AS TO FORM: CITY AT OR EY'S OFFICE Date: By: (/ Imu LV L— 1V Aaron C. Harp UM (3-Iwitcv City Attorney My%(L-art „kq l Authorized 'gnat re/Title Authorized Agent Signature Blake A Pfister, Attnrney-in-fact Print Name and Title Surety Corp Headquarters: C/o Liberty Mutual Surety 62 Maple Avenue Keene, NH 03431 NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED Petroleum Telcom, Inc. DBA Telcom, Inc. Page B-2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Countyof OrdnQQ ) On July 20, 2016 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose names) islmW subscribed to the within instrument and acknowledged to me that he/OWIfty executed the same in his/tl�*j* authorized capacity**, and that by his/NOVO ltf signature(YI on the instrument the person#), or the entity,upon behalf of which the person(# acted, executed the instrument. LIANNE NAHINA N p t COMM. # 2134629 ` NOTAP.Y PUBLIC•CALIFOANIA ORANGE CC NN N «•w IYiyr M. EXP. DEC 5, 2019 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, i Signature (,�, ` L� Z�,__L�- Signature of Notary Public Place Notary Seal Above OP77ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bond 024068127 Number of Pages: Signers) Other Than Capacity(les) Claimed by Signer(s) Signer's Name: Blake A. Pfister 0 Corporate Officer -- Title(s) O Partner -. 0 limited 0 General 0 Individual 3 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: The Ohio Casualty Insurance Company Document Date: July 20, 2016 Named Above: N/A, None Signer's Name: ------- 0 Corporate Officer Title(s): Cl Partner — L] Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Bond o.: 024068127 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On 20 before me,I�V�2th �}�JQZh'i�( Notary P blic, personally appeared �� }}j_ who proved to me on the basis of satisfactory evidence to be the person) whose name ) is/9fe subscribed to the within instrument and acknowledged to' me that he/$tie/th¢y executed the samein his/ r/heir authorized capacity(i�s), and that by his/h r/th i signatutes(A on the instrument the p rson(�), or the entity upon behalf of which the perso acted, ex uted the instrument !! I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.,..,. ELt2AlETN AWERS-Bl1ll WITNESS my hand and official seal.'a ComnM480.295M Z %0Wy Pupk - CdhM � Vomurs 0" oin �. i � Ore 2 2010 Signpt re (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Petroleum Telcom, Inc. DBA Telcom, Inc. Page B-3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKr-ROUND. This Power of Attorney limits the acts of those nar erein, and they have no authority to bind the Company ex, n the manner and to the extent herein stated. Certificate No. 7209517 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company AttaacnecT f0 OT2T4O'6SIZ7 KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blake A. Pfister all of the city of DANA POINT , state of CA each individually if there be more than one named, Its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its ad and deed; any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or officialof the Companies and the corporate: seals of the Companies have been affixed thereto this 16th day of December 2015 American Fire and Casualty Company 4 PNo oA9` e Psrs °� oQ"yr°sem °w��'�rF "Nv°�tl�rF The Ohio Casualty Insurance Company s�a o�t e�a W�a West Mutual nsurance Insurance Company y 7906 0 0 1919 n 1912 1997 a West American Insurance Com an 122 �y"b Nn�ntos�i-?� Z'',yhM-N* ��2D s>y'Gsn �<? i µpnNx f2 1 h * r gy' C STATE OF PENNSYLVANIA as David M. Care ,ssistant Secretary pS' COUNTY OF MONTGOMERY dpt On this 16th day of December 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and ra w Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. yy` > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. y SP Pgar COMMONWEALTH OF PENNSYLVANIA 9 P74 rqo"a'err Fir Notarial Seal /✓-mac""-*'-'N^�-�r�-9r/ y ff4 v° ¢ v Teresa Pastella, Notary Public By: O ` oa Plymouth Twp., Montgomery County Teresa Pastella, Notary Public L r My Commission Expires March 28, 2017 r O r y Member, Pennaylvanla Association of Notaries try c ` This Power ofAttomey is made and executed pursuant to an by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance 0). Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: to m � ARTICLE IV—OFFICERS—Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject d to such limitation as the Chairman or the President may prescribe, shall appoint such altome s In fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, C++ YP PP Y= - Y ry P O S acknowledge and deliver as surety any and all undertakings,bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E 4 powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so p executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under Tthe provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. -� ARTICLE XIII — Execution of Contracts — SECTION S. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, w ` and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -tact, as may be necessary to act in behalf of the Company to make, execute, O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. _ Certificate of Designation —The Presidentof the Company, acting pursuant to: the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -m - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reocgnizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and Correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 20 t hday of ND Cqg jV INSp �WSUq INSU ��PW„°W+Ug4� �JP�pry°yy�99yr J.��P ocv°Wt��rT re`N�Hr 2 1906 e o 1919 3 � 1912 °� � 1991 i eb N�n.>a .ay'v71r'N;n+�`�° >"�no,u;�'<= '' MrnaNn t x r Jul 2016 Gregory W. Davenport, Assistant Secretary 205 of 500 LMS_12873 122013 I° T March 23, 2017 Petroleum Telcom, Inc. DBA Telcom, Inc. Attn: Dale Hines 411 N. Lombard Street Oxnard, CA 93030 Subject: City Radio Tower Rehabilitation C-7094-1 Dear Mr. Hines: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039Fnx newportbeachca.gov On January 10, 2017 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 65 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 January 17, 2017, Reference No. 2017000019542. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 024068127. Enclosed is the Labor & Materials Payment Bond. Sincerely, A4A- 410w Leilani I. Brown, MMC City Clerk Enclosure (Premirm included in the Performan-e bond) Bond No.: 024068127 EXHIBIT A CITY OF NEWPORT BEACH BOND NO, 024068127 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Petroleum Telcom, Inc. DBA Telcom, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of: construction of new guy anchors and foundations; removing existing antennae from existing tower; testing, replacing, and storing antennae during tower construction; removing and disposing of existing cable lines; removing and storing existing beacon light kit and side lights; dismantling and disposing of existing 320 foot tall guyed tower; relocate and run underground conduits to building; remove fence, bollards, and existing concrete guy tower foundation; demolition and removal of existing guy anchors; construct new guy tower foundation pad; installation of new 320 foot tall guyed tower; reinstalling existing and proposed antennae on new guy tower and associated cable lines; install bollards; install new chain link fence; and install grounding system including cable and rods, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall 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, The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Twenty Five Thousand Four Hundred Fifty Eight Dollars and 001100 ($425,458.00) 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 Petroleum Telcom, Inc. DBA Telcom, Inc. Page A-1 Bond , .: 020468127 exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 20th day of July '2016 . Petroleum Telcom, Inc. dba Telcom, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Dr So #200 Orange, CA 92868 Address of Surety 714-634-3311 Telephone V4 Uiu@- P ff&5fo�� Authorized Signaturefritle X24" Authorized Agent Signature Slake A Pfister, Attorney-in-fact Print Name and Title Surety c/o Liberty Mutual Surety APPROVED AS TO FORM: Corporate Headquarters: CITY ATT RN Y'S OFFICE 62 Maple Avenue Date: Keene, NH 03431 617- 357-9500 By: Aaron C. Harp tFrn crtIwllu City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Petroleum Telcom, Inc. DBA Telcom, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE �A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ora rl g e On July 20, 2016 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Offlcer personally appeared Blake A. Pfister Namels) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(s) is/AV subscribed to the within instrument and acknowledged to me that he/stoAfty executed the same in his/i t60* authorized capacity**, and that by his/AVOMW signature(*) on the instrument the person*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. LIANNE NAHINA N 3 COMM. # 2134629 X Signature -w NOTARYPUBLIC-CALIFORNIA N - Signature of Notary Public ORANGE COUNTYlix, N MY COMM. EXP. DEC 5, 2019 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document Title or Type of Document: Bond 024068127 Document Date: July 20, 2016 Number of Pages: Signer(s) Other Than Named Above: N/A, None Capacity(les) Claimed by Signer(s) Signer's Name: Blake A. Pfister * Corporate Officer — Title(s): q Partner — ❑ Limited O General ❑ Individual IN Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing -The Ohio Casualty Insurance Company Signer's Name: ------- 0 Corporate Officer — Title(s): Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �i\`'�G\e!i`✓.iC✓:\Y�.:±, �✓_G�G\ �✓_i`✓:�✓_i�i�GC✓, G<'✓,Gt^;-�[`✓G�i 0 1 . .. . . . J• • •L :11'x. .�. �` :11 . •: •1 M ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. No.: 024068127 State of Calpljfornia County ofyp 1 OA l ss. __''` On ^ D 20� before me, ,�.�17Jtli'llCffl kaor �l, Notary P lic, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name) is/ah subscribed to the within instrument and acknowledged to me that he/ e/ttoy execu ed the same in his/h r/th r authorized capacity(i96), and that by his/h r/the' signatures/) on the instrument the p rson, or the entity upon behalf of which the p rson acted, ex6cuted 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. Or= ,1 - - =w ELIMTH ALVERS•BALL CaaNISM 0 2195080 i RoWy hme • Caftr4a MWmwo Cowry M Con�,Eisu pee 22.2019+ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Petroleum Telcom, Inc. DBA Telcom, Inc. Page A-3 THIS POWER OF ATTORNEY IS NOT "N LID UNLESS IT IS PRINTED ON RED BACK/'ROUND. This Power ofAttarney limits the acts of those nar erein, and they have no authority to bind the Company eic n the manner and to the extent herein stated. Certificate No. 7209520 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company I0 rPOWhER OF ATTORNEY KNOWN KNOWNALL PERSONS BY THESE PRESENTS: That American fire -& asuaft'y Companyend The OhOCasuslty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies', pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blake A. Pfister all of the city of DANA POINT slate of CA each individually if there be more than one named Its true and lawful attomey-in tact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as Its act and deed any and all undertakings, bonds recognisances and other surety obligations in: pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed bran authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of December 2015 PNp CggG9 JA`ZY INSp� ,R�rHSUpgry pHms„9� American Fire and Casualty Company 4 in w WQ ,M,�t The Ohio Casualty Insurance Company a 1906 p o 1919 n 1912 1991 < Liberty Mutual Insurance Company West medcan Insurance Company f 1 ♦ * ! f By: J STATE OF PENNSYLVANIA ss David M. Care ,Assistant Secretary @ COUNTY OF MONTGOMERY d00) On this 16th day of December 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and 00 Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, To 46.2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c L `m > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O d3 0`'PwSr, COMMONWEALTH OF PENNSYLVANIA QC 9 �P oeM Ek f� Notarial Seal Teresa Pastella, Notary Public By: 0 d oe Plymouth Twp., Montgomery County d S p � Teresa Pastella, Notary Public ` �p My Commissbn Expires Mamh 28, 2017 ; 1 r0' , ' Member, PenmyN. is Assodafbn of Nolen. 0 m q IL c t% This PowerofAttomey is made and executed pursuantloan by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance HC y Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: t m ` ARTICLE N— OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O r C,S to such limitation as the Charman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to ad in behalf of the Corporation to make, execute, seal, S O C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective 2p j E .d._ powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so < 0 executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under > S 9 the provisions of this ar ide may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. t C na c ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E a > d and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to ad in behalf of the Company to make, execute. C, p 7 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognaances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their a Z 0 respecfive powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by secretary. G 11i Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such aftorneys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, moognizances and other surety obligations. Authorization— By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and erred as though manually affixed I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty: Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effecf and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2 0th day of J u 1 y 20 16 Q.'�xV<`Mrp�9r.� yJp�tV INS��y P�INSURghn p`4NINSURgan 7906 0 0 1919 n 1912 ,. 1991 s Bry; Gregory W. Davenport, Assistant Secretary 208 of 500 LMS_ 12873_ 122013 Document -2662069 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen,Clerk-Recorder 1111111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIII NO FEE + 3 8 0 0 0 8 9 9 8 0 5 3 8 2017000019542 9:19 am 01/17117 V7 405 M 2 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Petroleum Telcom, Inc. DBA Telcom, Inc., Oxnard, as Contractor, entered into a Contract on July 26, 2016. Said Contract set forth certain improvements, as follows: City Radio Tower Rehabilitation C-7094-1 Work on said Contract was completed, and was found to be acceptable on January 10, 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. LVA Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of pedury, that the foregoing is true and Correct to the best of my knowledge. Executed on Wiff4l /1 4,011 at Newport Beach, California. r r BY City Clerk about:blank 01/17/2017 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Petroleum Telcom, Inc. DBA Telcom, Inc., Oxnard, as Contractor, entered into a Contract on July 26, 2016. Said Contract set forth certain improvements, as follows: City Radio Tower Rehabilitation C-7094-1 Work on said Contract was completed, and was found to be acceptable on January 10, 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. WOW Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �� Oil at Newport Beach, California. W-0111 a "ME CITY CLERK --' CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 7th day of July, 2016, at which time such bids shall be opened and read for CITY RADIO TOWER REHABILITATION Contract No. 7094-1 $350,000.00 Engineer's Estimate Approved by 14LV ---- Mark VlUlkojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings at the City of Newport Beach Public Works Department 100 Civic Center Drive, Newport Beach CA 92660 Bidders are required to schedule and attend a Mandatory Pre -Bid Meeting At the project site (949 West 16th Street, Newport Beach CA 92627) with Project Manager (Ben Davis) between June 20 and July 1. Contractor License Classification(s) required for this project must be one of the following: Class A, Class B or C-51 (Structural Steel) Contractor For further information, call Ben Davis, Project Manacier at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.,qoy CLICK: Online Services / Bidding & Bid Results City of Newport Beach CITY RADIO TOWER REHABILITATION Contract No. 7094-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND.......................................................A-1 FAITHFUL PERFORMANCE BOND.....................................................................B-1 INSURANCE REQUIREMENTS.......................................................................... C-1 PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 TECHNICAL SPECIFICATIONS............................................................................... TS -1 APPENDIX........................... ........................................................................................ A-1 E City of Newport Beach CITY RADIO TOWER REHABILITATION Contract No. 7094-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (f any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 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, classfcation, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. 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. # 620(0 0--[ F, t c--`+ Contractor's License No. & Classification # 10000005z -A c-kP 1613414 DIR Reference Number & Expiration Date Bidder V"d- V�ce-P2V-,Ior=N i Authorized SignaturefTitle —;I'15�I(" Date 0 Bid Bond No.: 11-805-003 City of Newport Beach CITY RADIO TOWER REHABILITATION Contract No. 7094-1 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 the amount bid in Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CITY RADIO TOWER REHABILITATION, Contract No. 7094-1 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 7th day of July 2016. Petroleum Telcom, Inc. dba Telcom, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South#200 Orange, CA 92868 Address of Surety 714-634-3311 Telephone VVL Authorized Signatureffitlle I � /-, Authorized Ag nfSignature Blake A Pfister, Attorney-in-fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) Corporate Headquaters: c/o Liberty Mutual 62 Maple Avenue, Keene, NH 03431 617-357-9500 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT CIVIL CODE § 1 1E. A notary public or other officer completing this certificate verifies only the identity of the individual who signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of orange ) On June 27, 2016 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Signerfs) who proved to me on the basis of satisfactory evidence to be the person(i) whose name(s) is/00 subscribed to the within instrument and acknowledged to me that he/fir executed the same in his/i Ar authorized capacity@*, and that by hist signature(H) on the instrument the person*), or the entity.upon behalf of which the person(M 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. U-0 LIANNE NAHINA WITNESS my hand and official seal. COMM. # 2134629 X NOTARY PUBLIC-CALIFORNIAZORANGE COUNTY a,� MY COMM. EXP. UEC 5, 2019 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document;Bid Bond 11-805-003 Document Date: July 7 , 2016 Number of Pages: 1 Signer(s) Other Than Named Above: N/A, None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited p General ❑ Individual IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Ohio Casualty Insurance Company Signer's Name: ------- ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ACKNOWLEDGMENT ..................................................... State of Cal" rn' County of ha 1 ss. On X 1 , ll �! , Notary Public, personally appeared I n y k Ou's who proved to me on the basis of satisfactory evidence to be the person(s)-whose names) islame-' subscribed to the within instrument and acknowledged to me that he/shelfh6y- executed the same in his/her/fheir uthorized capacity(iear and that by his/her/thair signatures(O--on the instrument the person(oor the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY foregoing paragraph is true and correct. my hand and official seal. of the State of California that the 17- JADE MARIE MACIEL Commission # 2121490 _ -"a Notary Public - California i Ventura County M Comm. Ex ares Jui 30, 2019 ..................................................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification T Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer Other: Other 0 Thumbprint of Signer ■❑ Check here if no thumbprint or fingerprint is available. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 720059 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWE Attache OtoA119W003 KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blake A. Pfister all of the ctty of DANA POINT state of CA each individually If there be more than one named. its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of December 2015 0(0(0(0 f(r `'L tNSUnr�,NSUq,�'� °yJ t O �R4i 1 6 fie^ n: 1912 ` 1991aia °�y, 'y,� 'y�< STATE OF PENNSYLVANIA as COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West mericanlnsuranceCompany By: a9 David M. Cafe ; Assistant Secretary On this 10th day of December 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casually Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute 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 have hereunto subscribed m name and afxed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Mjrw'L�ir" PASCOMMONWEAITH OF PENNSYLVANIA/^'.f Notanel Seal/N�'�1.t. Teresa PeataRa, Notary PUW,c gy; Plymouth Twp. Maagomery County Teresa Pastelist, Notary Public My Commission Expires March 28, 2017 1 — Mwao,r. Pennsylvania A oration or Notanea This PowerofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmedcan Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS- Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such atlomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings,bonds, mcegnizances and other surety obligations. Such attorneys -in -fad, subject to the limitations setforth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or atomey-infad under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to ad in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such atomeysin-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fad as may be necessary to act on behalf of the Company to make. execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certited ropy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 7 t h day of J u 1 y 20 16 '�raSUry, 0 � 1912 `, (nBy:000 �) vis 'YGregory W. Davenport, Assistant Secretary LMS_12873_122013 197 of 500 d E w 0 Lt F City of Newport Beach CITY RADIO TOWER REHABILITATION Contract No. 7094-1 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: MIR.. CA;L%dk ,'AIC- 6?eF-ATeP Ck4.3G Address: (,y;t N, ttAwtot)'ST -7of C!a �IZtif°V v Phone: ,c�'e' �`i . 't % -'+11 g State License Number. �jy`1 gid® DIRReference: k00aD-L4%'% Email Address: C,%vAs Name:pLOwDbE CaaS-M4(jrdvlIAC 2 `)Z%LL� FORM k pov?- 77a/ �J !p Address: 5D$ W. p0&Ttbl1L DLVS> 1x`w GU"( ANc-Wo R-5 AqusA, CA Ot'40'L Phone: la"-9te9 •100a State License Number. t013gfe7. DIR Reference: 1(` 0W `3'J81�o Email Address: SMA4 \a @ . . Name: Address: Phone: State License Number. DIR Reference: Email Address PECMt-Mi, Et taw. 1,sc Vvd \j1Ct- i/JeT Bidder Authorized Signatureffitle City of Newport Beach CITY RADIO TOWER REHABILITATION Contract No. 7094-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name PC-rrrdL€v,,17 `retn,, \,K- FAILURE ,K FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number :CUW-- \W)PEKANt- \RknGAT\ca 0157e\cr CAL\PAT21A Project Description E.Iz c)OL-t Approximate Construction Dates: From 3 I z_eJ To: " I x-013 Agency Name 1MpERAC tR2 A7 ON `Dism2 cT Contact Person AC -A4 �K i1ER— Telephone (4c l _S\A- 112ci Original Contract Amount $ q1,10- 0 Final Contract Amount $ A 1.3F 0 If final amount is different from original, please explain (change orders, extra work, etc.) r4, 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. sJ D 9 LM, Project Name/Number &Y WNSTL4ern orJ - C- IT 0f pOP1C(�RQ I c �> Project Description fwp E?2,i 1 nog "Taoe Foe GT`y Plftb s)& T, Approximate Construction Dates: From it IZDU To: 3I'�fZ Agency Name C1TY cif i?verrerv;LtC Contact Person W\ KE moa tS Telephone (5,51) 24'x- t12oo Original Contract Amount $ 58JA-+ Final Contract Amount $ (00, V-4 If final amount is different from original, please explain (change orders, extra work, etc.) AiDoMnn A/ TOU6r GJ4feje?En- i1; Al 0kt�L-oe+f°'v ZI Eta =ST 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. ME No. 3 Project Name/Number Wcvflc(--\F(-' Cm�POM�o,- iZ�wlxo MoNoavcc Project Description E2IRD,1 w5ToNnoz- s\iPPcacy Q -d MaNOPoc& Approximate Construction Dates: From To: 3I Agency Name CCQM74 3a/1JA2,DW Contact Person DA nt � eL Telephone (9sl) u S3. 9 Zq 0 Original Contract Amount $t'),Sq b Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) rJ 1A 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. N1� po 10 No Project Name/Number C4W-wn 4 (0322- <vlw Coorw) cmn„s L4 �v ReplAmeOE"T Project Description 'REPWC€ vAkCFuwAV.E NCZL-�DR.<< Approximate Construction Dates: From To: Agency Name C� (3me t< Contact Person ftoCki9A� Telephone(`i`-'i) (OiM,308S Original Contract Amount Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) -PpDq)110/VAt- Q"J -& 4OOt'D -TD 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. vQ04 u No. S Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number 8m' �r SIY-MLTIOA — cam Movrstrti v Project Description lELz 8o`t -r�Z, 5E -y'%PrwC To( t (ZZ' (,Tsnc a, r6A5E) Approximate Construction Dates: From ti IZol I To: 12I2niy Agency Name STATE Vf CAC\P0RXJA CA -W Contact Person VMY-E 73-or-3ey Telephone (555) Z`A3-g2-ac Original Contract Amount Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) t)lo\ 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. t9 � No. 5 Project Name/Number \}cfa €, W EIS —%JM"LU — OL) L S Project Description WOOVr A Ok-cf ci Tocaar-s (-o R. uATE7t pyt(Lac CwA1zw4 F�,Q Approximate Construction Dates: From glzotis To: TReL >� C ,;ffz 4ayA,1 q, To ul- r (AS c T o W eyz) Agency Name C-VT'� of WCT-0 J i v -.E — WATER _ _ _ Contact Person Vy\ftr {3 Ml- Telephone (moo) SS'i . 9)14 Original Contract Amount $'Zg3,3oS Final Contract Amount $ No e9A,0e,e5 `IEC If final amount is different from original, please explain (change orders, extra work, etc.) 01\k 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. 11 No. 6 Project Name/Number (Ay kA -t - U6-VQ60 LMQ- Project Description .JtEw PArR�-"rk CWz & 4 C 'Towne— pcM0 0 U ro W GR Approximate Construction Dates: From -4) ?-0)b To: (;I Z.o) to Agency Name L A. A Erb Contact Person ALA. -eL\k K Telephone (7o) 51 1175 Original Contract Amount $ 15'+,6` g Final Contract Amount $ �V! SSTP Rrrr-P If final amount is different from original, please explain (change orders, extra work, etc.) �Jft� 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. rJoIAD Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder Aut orized Signature/Title 12 City of Newport Beach CITY RADIO TOWER REHABILITATION Contract No. 7094-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of JfG�I A uE IViA E`7 being first duly sworn, deposes and says that he or she is VICk- Pru>51 Dtg� of -CELWnn t krtc , 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 California that the foregoing is true and correct. �EfrntEvr (Ercn SNC V V— VICE- Bidder ICE Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this day of , 2016 by D&L N � proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the Jaws of the State of California that foregoing paragraph is true and correct. II / [SEAL) JADE MARIE MACIEL Commission # 2121490 Notary Public - California ^ _Ventura County 13 My Commission Expifes: (D City of Newport Beach CITY RADIO TOWER REHABILITATION Contract No. 7094-1 DESIGNATION OF SURETIES Bidder's name 1 L`"i rtoL s zee T&L'Is t �j C_ Provide the names, addresses, and phone numbers for all brokers and sureties from whom � Bidder intends to procure insurance and bonds (list by insurance/bond type): 1\C Ajj �&Wgj%,,jiL Ju'_'Wf `S `AIC- (4&JOLbL &AAAA L-Irj WO knnpt� #1i0 fitirQ&Arr ✓E -TYWSa.;0 01 b&A , CA '"1660 W O krl�a CA ✓`P 1366- 3%. 2ze y Uv'KaaUU a "111L ''elwjo Cdt�t� �ttt��ni Ci21 QQ M nn9C'e 4 Q1N i1E3u 247-e r, WVVZrN b fS-S ON JLe'SA, CA Q2.(e`11 nAka CASLAMTr 3CC- Zt:(D- 3'T -f® lasogl6j € C-Aw wi) 14 City of Newport Beach CITY RADIO TOWER REHABILITATION Contract No. 7094-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name PEvRnL.EU-" 76�r-*-, \.X 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. 15 Current Record Record Record Record Record Year of for for for for for Record 2015 2014 2013 2012 2011 Total 2016 No. of contracts s s 45b Total dollar Amount of Contracts (in j1 �O`1 k IgS1c 3,102 k Thousands of $ No. of fatalities 0 No. of lost Workday Cases 0 0 No. of lost workday cases involving permanent transfer to f SQ 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. 15 Legal Business Name of Bidder PFT(; LtvM 70C Business Address: 9 f N. anaa,m s uNTo cJK,,,;A" CA 430�le Business Tel. No.: 885-,i9i- 600A State Contractor's License No. and Classification: (0? -0689, �_ } Title Utce- P�,a�xrr 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 TitleyicePrzEsroEr� Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title tea attached caute.da Jul -pr"" e Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. 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 if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Coupty of �� -AMALA On Pp(. before Date personally appeared Here Insert Name and Title of tbb Officer who proved to me on the basis of satisfactory evidence to be the person(Grwhose nam*y is/ace- -subscribed to the within instrument nd acknowledged to me that he/sh—e/tom executed the same in his/hart eir-authorized capacity(iend that by his/1,66thersignature(s�'on the instrument the person(sr or the entity upon behalf of which the person(aacted, executed the instrument. JADE MARIE MACIEL Commission # 2121490 i :�• Notary Public - California z = Ventura County > M Comm. Expires Jul 30, 2019+ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corre(It. WITNESS my haiNd arid official seal. Signature Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: __ I.1 Corporate Officer — Title(s): I I Partner — I Limited ! ! General ! i Individual Attorney in Fact I I Trustee Guardian or Conservator I !Other; _ Signer Is Representing: Signer's Name: Corporate Officer — Title(s): !Partner — I Limited I General I Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: _ 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach CITY RADIO TOWER REHABILITATION Contract No. 7094-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name %F"sruLc--dAi 76�- ,,, We The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature KID Aopujv>A 17 City of Newport Beach CITY RADIO TOWER REHABILITATION Contract No. 7094-1 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: ?C -%W LxvM TEuo�, Vi' - Business Address: '-40 M, �-OmlSAN) S,, u.-jv( D: tjrNraen- CA 43o5& Telephone and Fax Number: �e i- 91a I Q, m $ aric4e qoY 9 81. 8 e (1 FAX California State Contractor's License No. and Class: (oz-OGIM t C ---4- (REQUIRED AT TIME OF AWARD) Original Date Issued: 3I23VI I Expiration Date: g� 31 1 (� 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: rJk Nme-, Pae3,oe--trr 4 _DPL 6&ie;, Qac€"(xyv 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 ICY- WOO W0106f'T �t�1 LIMP S1 V"11 D.0KNAt0,CA $05-9F i- 19 -OA 'A>Ays J�ga AVE EM(OE91 "it ra Ler4Au) S fbn7 0*4W r•A 43GS'Q81, �©ti( Corporation organized under the laws of the State of e AUs=t izv 4 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: ?rR4L4YVM kCUAM `rte i2 TCLLONt. �e' 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; Opi E Briefly summarize the parties' claims and defenses; r`P ON c - Have you ever had a contract terminated by the owner/agency? If so, explain. k) 0 Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes ti°" 19 Are any claims or actions unresolved or outstanding? Yes 00 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. 'r J V_ 1ki tj g,;, (Print name of Owner or President of Corporation/Company) ` TV-CiL ,1 T i cep. 1,.12 1� U 1 C �- Bidder Authorized SignaturefFitle Anotary public orother officer completing this 1 )\Le=— A L5 (0liAS certificate verifies only the identity of the Titley individual who signed the document to which this certificate is attached, and not the truthfulness, .'ic� l(o accuracy, or validity of that document. Date / On ( before me ` X 0� 9 , Notary Public, personally appeared who proved to me on the basis of satisfac evidence to be the persono"hose name(s)" is/are subscribed to the within instrument an acknowledged to me hat he/ /sh€ tWy executed the same in his/her/fheir authorized capacit and that by his thsignature(slon the instrument the person(sy—or the entity upon behalf of which the perso 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. WANESS my hand and official seal. 117 ! (SEAL)JADE MARIE MACIEL Commission # 2121490 ary Public in d fo d State Notary Public - California z Z D Ventura County Commission Expires: M Comm. Expires Jul 30, 20191 20 City of Newport Beach CITY RADIO TOWER REHABILITATION Contract No. 7094-1 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. 21 CITY RADIO TOWER REHABILITATION CONTRACT NO. 7094-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 26th day of July, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and Petroleum Telcom, Inc. DBA Telcom, Inc., a California corporation ("Contractor"), whose address is 411 North Lombard Street, Unit D, Oxnard, California 93030, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of: construction of new guy anchors and foundations; removing existing antennae from existing tower; testing, replacing, and storing antennae during tower construction; removing and disposing of existing cable lines; removing and storing existing beacon light kit and side lights; dismantling and disposing of existing 320 foot tall guyed tower; relocate and run underground conduits to building; remove fence, bollards, and existing concrete guy tower foundation; demolition and removal of existing guy anchors; construct new guy tower foundation pad; installation of new 320 foot tall guyed tower; reinstalling existing and proposed antennae on new guy tower and associated cable lines; install bollards; install new chain link fence; and install grounding system including cable and rods (the "Project' or "Work"). C. 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, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7094-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. 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. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Four Hundred Twenty Five Thousand Four Hundred Fifty Eight Dollars and 00/100 ($425,458.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Dale Hines to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee Petroleum Telcom, Inc. DBA Telcom, Inc. Page 2 shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Dale Hines Petroleum Telcom, Inc. DBA Telcom, Inc. 411 N. Lombard Street Unit D Oxnard, CA 93030 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are Petroleum Telcom, Inc. DBA Telcom, Inc. Page 3 limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority' of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. iGlt%IslaA-XIV097 Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Petroleum Telcom, Inc. DBA Telcom, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Petroleum Telcom, Inc. DBA Telcom, Inc. Page 5 Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 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 and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original Petroleum Telcom, Inc. DBA Telcom, Inc. Page 6 condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or 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 above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably Petroleum Telcom, Inc. DBA Telcom, Inc. Page 7 required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either parry by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. Petroleum Telcom, Inc. DBA Telcom, Inc. Page 8 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. 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. 22. 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. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Petroleum Telcom, Inc. DBA Telcom, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTPRNEY'S OFFICE Dater By: Aaron C. Harp uM�poli� City Attorney ATTEST: Date: By: UVvi'VWV Aov'--- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corpor ion Date: _ o CONTRACTOR: Petroleum Telcom, Inc. DBA Telcom, Inc., a California corporation Date: 417510, By:� �- Frank Hines President Date: 1 Z s l b By: Dale Hines V ice-Presid ent/Secretary/Treasu rer [END OF SIGNATURES] Attachments: Exhibit A - Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C - Insurance Requirements Petroleum Telcom, Inc. DBA Telcom, Inc. Page 10 (Premium included in the Performance bond) Bond No.: 024068127 EXHIBIT A CITY OF NEWPORT BEACH BOND NO, 024068127 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Petroleum Telcom, Inc. DBA Telcom, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of: construction of new guy anchors and foundations; removing existing antennae from existing tower; testing, replacing, and storing antennae during tower construction; removing and disposing of existing cable lines; removing and storing existing beacon light kit and side lights; dismantling and disposing of existing 320 foot tall guyed tower; relocate and run underground conduits to building; remove fence, bollards, and existing concrete guy tower foundation; demolition and removal of existing guy anchors; construct new guy tower foundation pad; installation of new 320 foot tall guyed tower; reinstalling existing and proposed antennae on new guy tower and associated cable lines; install bollards; install new chain link fence; and install grounding system including cable and rods, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall 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, The Ohio Casualty Insurance company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Twenty Five Thousand Four Hundred Fifty Eight Dollars and 001100 ($425,458.00) 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 Petroleum Telcom, Inc. DBA Telcom, Inc. Page A-1 Bond No.: 020468127 exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 20th day of July '2016 . Petroleum Telcom, Inc. dba Telcom, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Dr So #200 Orange, CA 92868 Address of Surety 714-634-3311 Telephone Surety V4 v ce- Paa;�oc Authorized Signature/Title Authorized Agent Signature Blake A Pfister, Attorney-in-fact Print Name and Title c/o Liberty Mutual Surety APPROVED AS TO FORM: Corporate Headquarters: CITY ATTORNEY'S OFFICE 62 Maple Avenue Date: 1(91W Keene, NH 03431 By: ��/�/� I 617- 357-9500 ! V " � U w� kM; ��i [v Aaron C. Harp I GFrn cr+lzc,llc, City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Petroleum Telcom, Inc. DBA Telcom, Inc. Page A-2 CALIFORNIA• • .CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of QraD ge ) On July 20, 2016 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. P f Mame(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/AV subscribed to the within instrument and acknowledged to me that he/$b*W*y executed the same in his/{ authorized capacity(, and that by his/tkOW signature(f) on the instrument the person#A, or the entity ,upon behalf of which the person(io 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, °F LIANNE NAHINA(��J H 1 COMM. # 2134629 77 Signaiure N° NOTARYRBLICGCALIFORNIA� � ' GRANGE COUNTY (n L� Signature of Notary Public °a tv1Y COMM. EXP. DEC 5, 2019 Place Notary Seal Above Ofa olm Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bond 024068127 Number of Pages: Signer(s) Other Than Capacitypes) Claimed by Signers) Signer's Name: Blake A. Pfigter, • Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Ohio Casualty Insurance Company Document Date: July 20, 2016 Named Above: N/A, None Signer's Name: ------- ❑ Corporate Officer — Title(s): O Partner — ❑ Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: - .�:<�«�<�..,<. �:�.<:�<:.��• aa+i<-•ic.-,,.mss. 0 1 • • •` �•v • Jam• •.• :11. .�• :11 • •: •1 Bond No.: 024068127 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Caljfornia Coin of glittuj A 1 ss. On 01 to 20 Ile before me, ��{ A tri LVao�-P � Notary P lic, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name) is/* subscribed to the within instrument and acknowledged to me that he/e/ttoy executed the same in his/h r/th it authorized capacity(i9`), and that by his/h r/the' signatures f�) on the instrument the pIrson , or the entity upon tfehalf of which the p rson 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. ELIZABETH AI.VERS•BALL Commlaian 0 2135080 = Notary Pu00e • camornia Wmun county Signa re ConHw Oee 22, 20191 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Petroleum Telcom, Inc. DBA Telcom, Inc. Page A-3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of,Altorney limits the ads of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7209520 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company I0 OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Flre-8, asualty�oompanyand the 0h�� sual� Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts, and WestAmencan Insurance Company is a corporation duly organized underthe laws of the State of Indiana (herein collectively called the "Companies7, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blake A. Pfister all of the city of DANA POINT state of CA each individually if there be more than one named, its true and lawful attorney -in -fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed theretothis 16th dayof December 2015 �rD Uy` '�Zv iNEp '\,\n TOq, ♦\NSUR American Fire and Casualty Company The Ohio Casualty Insurance Company 1905 0 0 [919 n $ 1912 1991 rOs Liberty Mutual Insurance Company West merican/InnsuranceCompany b „�r,-n�xae u��xn .^�'� '�a�wi <? �i •k+xx. t ♦ f ♦ By. STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY i m On this 16th day of December 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and V L) d Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, p execute the foregoing instrument for the purposes Chemin contained by signing on behalf of the corporations by himself as a duly authorized officer. c > IN WITNESS WHEREOF, I have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above ®written. O as pA ( COMMONWEALTH OF PENNSYLVANIA T .r�e�' d a P�2P e4 Notarwl Seal Q C'y ti s s Teresa Pestella, Notary Putin By: O R d7 of Plymouth Twp Monhlomary Canty p Teresa Pas[ella, Notary Public ` wr My Commss.00 �xp,res March 2$ 2017 .of 0 Member "-'en. vy.ann Aasa!etion of Notanas 0 c t2 This Power ofAttomey is made and executed pursuant to an byauNodty of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance rn -�` Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows: t. rho � ARTICLEIV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the Presidenl, and subject O t9 •d„ to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fad, as may be necessary to ad in behalf of the Corporation to make, execute, seal, � O S acknowledge and deliver as surety any and all undertakings,bonds, recognizances and other surety obligations. Such attorneys -in -fad, subject to the limitations set forge in their respective 'p E ai powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '— \p ` executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fad under > ,o T the provisions of this article may be revoked at any time by the Board, the Chairman. the President or by the officer or officers granting such power or authority. 0 ip 0 ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E w 2! and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, 0useal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. C Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company Mth the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 20th day of (0(0(0(0 Syq-r y^�c�tasLq,Ht912 <s 1991 rs, <�� ;�< LMS_12873_122013 July .20 16 By: Gregory W. Davenport, Assistant Secretary 208 of 500 (Premium subject to adjustment based on final contract price) Bond No.: 024068127 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024068127 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $12, 764.00 being at the rate of $30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Petroleum Telcom, Inc. DBA Telcom, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of: construction of new guy anchors and foundations; removing existing antennae from existing tower; testing, replacing, and storing antennae during tower construction; removing and disposing of existing cable lines; removing and storing existing beacon light kit and side lights; dismantling and disposing of existing 320 foot tall guyed tower; relocate and run underground conduits to building; remove fence, bollards, and existing concrete guy tower foundation; demolition and removal of existing guy anchors; construct new guy tower foundation pad; installation of new 320 foot tall guyed tower; reinstalling existing and proposed antennae on new guy tower and associated cable lines; install bollards; install new chain link fence; and install grounding system including cable and rods, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty 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 Four Hundred Twenty Five Thousand Four Hundred Fifty Eight Dollars and 00/100 ($425,458.00) 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, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. Petroleum Telcom, Inc. DBA Telcom, Inc. Page B-1 Bond No.: 024068127 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 City, only in the event 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 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 City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20thdayof July 20 16 Petroleum Telcom, Inc. dba Telcom, Inc. Name of Contractor (Principal) The Ohio Casualty Authorized S'gnatgre/Title Insurance Company Name of Surety Authorized Agent Signature 790 The City Dr So #200 Blake A Pfister, Orange, CA 92868 At orppy-in-fart Address of Surety Print Name and Title 714-634-3311 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: I / (/ 1 " 4liL VVV L 1 V Aaron C. Harp UM %ILulio, City Attorney Surety Corp Headquarters: c/o Liberty Mutual Surety 62 Maple Avenue Keene, NH 03431 NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED Petroleum Telcom, Inc. IDEA Telcom, Inc. Page B-2 CALIFORNIA ALL-PURPOSE • ,.. CIVIL•D A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certficate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Countyof Orange ) On July 20, 2016 beforeme, Lianne Nahina, Notary Public Date Mere Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(lo whose names) is/mv subscribed to the within instrument and acknowledged to me that ha/00WAW executed the same in hisl*W*s iir authorised capacity@@, and that by his/000W signature(p) on the instrument the person*), or the entity _upon behalf of which the person(# acted, executed the instrument. =ORAN NANINA 2134629 7J - ALIF0 IA W COUNTY ty. DEC 5.2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WrrNESS my hand and official seal. Signature / l G nthLI ,- Signature of Notary Public Place Notary Seal Above OPT/ANAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document Title or Type of Document; Bond 024068127 Number of Pages: Signer(s) Other Than Capacity(les) Claimed by Signers) Signer's Name; Blake A. Pfister • Corporate Officer T Title(s): • Partner — 0 Limited ❑ General ❑ Individual IN Aftomey in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: The Ohio Casualty Insurance Company Document Date; July 20, 2016 Named Above: N/A, None Signer's Name: ------- G7 Corporate Officer — Title(s): 13 Partner — ❑ Limited 0 General ❑ Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other; Signer Is Representing: Bond No.: 024068127 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of �f�,itVDKt ) j j } ss. d`�bdh a[VU6- W On ��s%�rziVL— , 20 before me, , Notary P blic, personally appeared who proved to me on the basis of satisfactory evidence to be the person ) whose name(A) is[ 91e subscribed to the within instrument and acknowledged to me that he e/th¢y executed the same in his! r/t eir authorized capacity(Xs), and that by his/hdr/th� signatuutesi� on the instrument the person(), or the entity upon behalf of which the p soil acted, exdcuted the instrument. / I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 77 ELIZABETH AWENS-BALL WITNESS my hand and official seal. Comfts*i • 245M < Z W N"" Pub k • COMM VOMWA C"* 0 Die 2! 2018 Signpt re (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of b ss. On 20T before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Petroleum Telcom, Inc. DBA Telcom, Inc. Page B-3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7209517 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Atta�ffiff �fo-OT2T4U Yf 7 KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmeriean Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies', pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blake A. Pfister all of the city of DANA POINT state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of December 2015 less, American Fire and Casualty Company (0(0(00 , i. " 4^The Ohio Casualty Insurance Company 1991 'Liberty Mutual Insurance Company � Zesteriran Insurance Company STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY E 6 On this16�h day of December 1 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and O w Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company.. and that he, as such, being authorized so to do, p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer d IN WITNESS WHEREOF, I have hereunto subscribed in name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. R _� pgaT COMMONWEALTH OF PENNSYLVANIA /1�, ®®®®��� a P� FC� Nsteriel Neal i tic..cn-a/ al Teresa PaateMa, No[ary Pu:.lic O i Plymouth Twp.. Montgomery C 20 �� Teresa Pastella, Notary Public My Cmouth ion Expires Manch,., 2017 wA1emEen Pemsylvania Associs:..nal lana, N Aqy c ` This Power ofAttomey is made and executed pursuant to an by authority of the following By-laws anclAuthorizabons ofAmerican Fire and Casualty Company. The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WastAmerican Insurance Company which resolutions are now in full foroe and effect reading as follows! Crt` ARTICLE IV—OFFICERS—Section l2. Power ofAttomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject t to such limitation as the Chairman or the President may prescribe, shall appoint such attomeysin-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, o acknowledge and deliver as surety any and all undertakings,bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective " « powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so p ` executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or aftomey-in-fact under the provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII- Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, e i and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute. O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys4n-fact subject to the limitations set forth in their Z ca respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -m - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2 0 t hday of July 2016 00(0(0 �SJ'�INSUggry�pM letiUggry'� J5 rR`4 ^"r�� 19121991BY: ;`;, r Gregory W. Davenport, Assistant Secretary Aa° e��k., e �� .. _ 205 of 500 LMS_12873_122013 F In in N C N 7 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per Petroleum Telcom, Inc. DBA Telcom, Inc. Page C-1 occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance limits are exhausted by paid claims; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and Petroleum Telcom, Inc. DBA Telcom, Inc. Page C-2 automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Petroleum Telcom, Inc. DBA Telcom, Inc. Page C-3 Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes Petroleum Telcom, Inc. DBA Telcom, Inc. Page C-4 no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Petroleum Telcom, Inc. DBA Telcom, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/22/16 Dept./Contact Received From: Raymund Date Completed: 7/28/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: Petroleum Telcom Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 6/1/16-6/1/17 A. INSURANCE COMPANY: Landmark American Ins. Co. B. AM BEST RATING (A-: VII or greater): A+: XIV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) E Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? E Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 6/1/16-6/1/17 A. INSURANCE COMPANY: West American Ins. Co. B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXP[RATION DATE: 4/1/16-4/1/17 A. INSURANCE COMPANY: State Compensation Insurance Fund B. C. D. E. G. AM BEST RATING (A-: VII or greater): N/A ADMITTED Company (Must be California Admitted): WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: (i Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7/28/16 Date ® Yes ❑ No ®Yes ❑ No 1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No 0 N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No 0 N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _,, Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval needed due to GL carrier being non -admitted. Approved by Sheri 1/19/16. 7/27/16 Sheri Approved Umbrella limit of 2M/2M & GL Limit of 1 M/2M. Approved: Risk Management Date * Subject to the terms of the contract. PRIof5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CITY RADIO TOWER REHABILITATION CONTRACT NO. C-7094-1 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 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. C-7094-1 in accord 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 AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 1. Lump Sum Mobilization ELEVEN -THOUSAND @ TWO-HUNDREDFOURTY-EIGHT Dollars And NO Cents Per Lump Sum $ 11.248.00 2. 3 Each Install New Reinforced Concrete Guy Anchors ONE -HUNDRED TWELVE -THOUSAND @TWO -HUNDRED FIFTY-FIVE Dollars And NO Cents Per Each $ S112,255.00 3. Lump Sum Removal, Testing and Storage of Antennas FIVETHOUSAND NINETY-THREE Dollars And NO Cents Per Lump Sum $ 5.095.00 PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Removal and Disposal of Existing Lines TWO -THOUSAND @ ONE -HUNDRED TWENTY-TWO Dollars And NO Cents Per Lump Sum $ 2.122.00 5. Lump Sum 6. 3 Each Removal and Dismantling of Existing Guyed Tower NNETY-THREE THOUSAND fiT NINE -HUNDRED EIGHTY -7O Dollars li And NO Cents Per Lump Sum $ Removal and Dismantling of Existing Guyed Anchor: FIVE -THOUSAND @ THREE -HUNDRED EIGHTY-TWO Dollars And NO Cents Per Each 93 982.00 $ 16.146.00 7. Lump Sum Relocate Underground Conduits ONE -THOUSAND @ EIGHT -HUNDRED NINETEEN Dollars And NO Cents Per Lump Sum $ 1_1900 8. 36 Linear Feet Remove and Replace 6 -Foot High Chain Link Fence @ ONE -HUNDRED Dollars l And NO Cents Per Linear Feet 9. 3 Each Remove Bollards ONE -HUNDRED @ FIFTY SIX Dollars And NO Cents Per Each $ 3.600.00 $ 468.00 PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Install New Reinforced Concrete Tower Foundation ELEVEN -THOUSAND ONE -HUNDRED SEVENTY-ONE Dollars And NO Cents Per Lump Sum $ 11.171.00 11. Lump Sum Install New Guyed Tower SIXTY-FOUR THOUSAND /� l_. THREE+HUNDREOEIGHT Dollars And NO Cents Per Lump Sum W C 64.308.00 12. Lump Sum Install Tower Ground Rods and Ground Wires THIRTEEN THOUSAND SIX -HUNDRED TNENTY-NINE Dollars And NO Cents Per Lump Sum $ 13.629.90 13. Lump Sum Install Antennas NINE -THOUSAND ONE-HUNDREDTVENTYSEVEN Dollars And NO Cents Per Lump Sum $ 9.127.00 14. Lump Sum Align Microwave Dish V SIX -HUNDRED EIGHTY Dollars And NO Cents Per Lump Sum $ 660.00 15. Lump Sum Install Lines and Cable Bridge THIRTY-SEVEN THOUSAND FOUR -HUNDRED EIGHTYSIX Dollars And NO Cents Per Lump Sum $ 37.486.09 PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 3 Each 17 i" 19. go Lump Sum Install Bollards /1 SEVEN -HUNDRED SIXTY-SEVEN Dollars And NO Cents Per Each Remove and Construct 4 -Inch thick P.C.C. Sidewalk RVE-THOUSAND rM THREE -HUNDRED EIGHTY-TWO Dollars 1 And NO Cents $ 2.301.00 Per Lump Sum $ 5.38200 Lump Sum Remove and Construct 6 -Inch thick Crushed Miscellaneous Base Two -THOUSAND @ SIX-HUNDREDFOURTY-ONE Dollars And NO Cents Per Lump Sum $ 2.e41M Lump Sum Unforseen Conditions @ Thirty Thousand Dollars And No Cents Per Lump Sum $ 30.000.00 Lump Sum Provide As -Built Plans @ Two Thousand Dollars And No Cents Per Lump Sum $ 2,000.00 TOTAL PRICE IN WRITTEN WORDS FOUR -HUNDRED TWENTY-FIVE THOUSAND FWR41UNDRED FIFTYEIGHT and NO 7 i 6; 2016 Date Cents 805-981-8008 OFFICE 1805-981-8011 FAX Bidder's Telephone and Fax Numbers 620689. S & C-7 Bidder's License No(s). PR5of5 425.458.00 Total Price (Figures) PETROLEUM TELCOM. INC Bidder 04 VICE-PRESIDENT Bidder's Authorized Signature and Title 411 N. LOMBARD ST. UNIT D. OXNARD, CA 93030 Bidder's Address PETROLEUM TELCOM, INC PROPOSAL NOTES & ASSUMPTIONS • Per discussions had during the pre-bid job -walk, the existing palm tree located near the North East guy anchor point will be removed by the City prior to beginning work • During the pre-bid job -walk it was noted that the existing cabling has existing lightning arrestors already in place. Telcom has assumed that these existing lightning arrestors will be the "demark" for all new cabling (IE: New cabling will be a homerun from the antenna to the existing polyphaser. • The specs call out 4/0 solid wire to interconnect the ground rods, however, due to the feasibility of bending solid wire of that size, 4/0 stranded wire has been proposed for this purpose • The specs call out the requirement for steel casing, however, based upon the pre-bid job -walk, it is understood that the City only expects that the contractor have a plan to mitigate and work around caving in the caisson. Telcom has proposed a slurry -style casing, as needed to mitigate caving. If caving is experienced in one of the drill -shafts, a slurry mixture will be poured into the hole which will fill the voids caused by the casing and support the shaft. The hole will then be re -drilled the following day, through the slurry. • It has been assumed that the top beacon for the light kit will fit the new tower with the same hardware currently supporting the beacon and/or the City has purchased a beacon plate to attach the beacon to the tower. • Based upon the pictures provided by the City as well as verbal discussions pertaining to the condition of the existing tower, Telcom feels that it cannot legally allow its staff to climb the existing tower. The pictures and other information provide us with prior knowledge that, not only the flange bolts and other hardware, but also tower structure itself has sustained damaged due to rust and corrosion. For this reason, two cranes will be provided for the removal of the existing tower. The first crane will be used to physically remove the tower sections and lay them on the ground and a second crane with man -basket will be provided to lift Telcom staff to the various elevations required to attach the rigging for the first crane and to disconnect the section being worked on from the rest of the tower. • Pricing has been broken down in the line items that were requested, however, individual items and their associated prices cannot be removed from the scope as items are linked to one - another. If the City would like to discuss a change in scope, the costs associated with those items can be quoted on a case-by-case basis. PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CITY RADIO TOWER REHABILITATION CONTRACT NO. 7094-1 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECfFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-7 SUBSURFACE DATA SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: 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 1 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 3 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 5 6-11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 5 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 5 7-1.2 Temporary Utility Services 6 7-8 WORK SITE MAINTENANCE 6 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 6 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.4 Safety 7 7-10.4.1 Safety Orders 7 7-15 CONTRACTOR'S LICENSES AND MINIMUM EXPERIENCE 7 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 8 SECTION 9 - MEASUREMENT AND PAYMENT 8 9-3 PAYMENT 8 9-3.1 General 8 9-3.2 Partial and Final Payment. 11 PART 2 - CONSTRUCTION MATERIALS 12 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 12 201-1 PORTLAND CEMENT CONCRETE 12 201-1.1 Requirements 12 201-1.1.2 Concrete Specified by Class and Alternate Class 12 201-2 REINFORCEMENT FOR CONCRETE 12 201-2.2 Steel Reinforcement 12 201-2.2.1 Reinforcing Steel 12 PART 3 - CONSTRUCTION METHODS 12 SECTION 300 - EARTHWORK 12 300-1 CLEARING AND GRUBBING 12 300-1.3 Removal and Disposal of Materials 12 300-1.3.1 General 13 300-1.3.2 Requirements 13 SECTION 302 - ROADWAY SURFACING 13 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 13 302-6.6 Curing 13 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 13 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 13 303-5.1 Requirements 13 303-5.1.1 General 14 303-5.5 Finishing 14 303-5.5.1 General 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CITY RADIO TOWER REHABILITATION CONTRACT NO. 7094-1 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. B -5232-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 (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Add to this section, "if there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of, removing existing antennas from existing tower, testing antennas, purchasing replacement antennas, storing antennas during tower construction, removing and disposing of existing cable lines, removing and storing existing beacon light kit and side lights, dismantling and disposing of existing 320 foot tall guyed tower, disposing of existing guyed tower, relocate and run underground conduits to building, remove fence, remove bollards, remove existing concrete guy tower foundation, dismantle old Page SP -1 of 14 anchors, demo and removal of existing guy anchors, construct new guy anchors and foundations, construct new guy tower foundation pad, installation of new 320 foot tall guyed tower, reinstalling existing and proposed antennas on new guy tower and associated cable lines, install bollards, install new chain link fence, install grounding system including cable and rods." 2-7 SUBSURFACE DATA Add to this section, "The following reports have been prepared for the City of Newport Beach and are attached in the Appendix. These reports are incorporated into the project Contract Documents. Contractor is responsible to complete all recommendations as identified in these reports. 1. "L -Pile Design Parameters Proposed Guy Anchor Foundations for a 320 Foot High Tower 949 West 16th Street, Newport Beach, California" prepared by Salem Engineering Group, inc dated January 18, 2016. (Design Parameters) — See Appendix 2. 'Report of Geotechnical Exploration Groundwater Development Project, Phase II — Expansion, Newport Beach, California" prepared by Converse Consultants and dated November 3, 1993. (Geotechnical Report) — See Appendix SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 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, one (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 (prior to any markups) 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. Page SP -2 of 14 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the P paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 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. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: 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 Page SP -3 of 14 approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: The Contractor shall complete all work under the Contract within 50 consecutive working days after the date of September 6th, 2016. It is anticipated that the Newport Beach City Council will award this construction contract on July 26, 2016. Contractor shall be ready to start construction on or before August 15, 2016. However, Demolition of existing guyed tower and removal of antennas and tower shall not commence before September 6, 2016. This will require Contractor to execute the Contract and provide all insurance on or before the Contract is awarded. Failure to provide insurance required by the City may determine a bidder as non-responsive and award to the next highest bidder. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31 st (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday.° Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday. Page SP -4 of 14 The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $2,000.00. In addition to the specified overall contract time described in Section 6-7.1, the Contractor shall complete the removal of the existing tower and antennas and have the replacement tower assembled and antennas reattached and operational within 25 working days. If the new radio tower is not fully operational by this date, an additional liquidated damage of $2,000 will be assessed for each consecutive calendar day until the new radio tower is fully operational. . Revise paragraph two, sentence one, to read: Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages 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. 6-11 SEQUENCE OF CONSTRUCTION Contractor shall complete the construction of the proposed guy anchors prior to removal of the existing antennas and demolition of the existing tower. . SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES Page SP -5 of 14 7-1.2 Temporary Utility Services Add to the end of this section: If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any 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. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 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 www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. Page SP -6 of 14 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 7-10.4 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. Add the following Section 7-15 Contractor's Licenses: 7-15 CONTRACTOR'S LICENSES AND MINIMUM EXPERIENCE At the time of the award and until completion of work, the Contractor shall possess one of the following licenses: Class A, Class B, C-51(Structural Steel). At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. Due to the complexity of the removal of the old guyed tower and construction of the new guyed tower, only Contractors in the antenna tower business for 10 years and experienced in the construction of guyed towers over 100 feet in height are qualified to bid on and construct this tower project. To be qualified to bid on and construct this project, the Contractor shall have successfully constructed at least three (3) 100 feet high or higher, antenna towers during the last five (5) years. This prior tower construction experience shall be listed within the TECHNICAL ABILITY AND EXPERIENCE REFERENCES section of the Contract Documents and submitted with the bid proposal. Add the following Section 7-16 Contractor's Records/As-built Drawings: Page SP -7 of 14 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built' drawings. The "As -Built" 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." Add the following Section: SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as needed, attending construction progress meetings as needed, obtaining permits from City of Newport Beach Building Department and any permits and applications with Cal OSHA, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Page SP -8 of 14 Item No. 2 Install New Reinforced Concrete Guy Anchors: Work under this item shall include all tools, labor materials to construct the reinforced concrete guy anchors as shown in these plans, with grounding anchors as shown in the plans including all equipment to access to small working areas adjacent to buildings. Contractor is required to supply steel casings on standby if caving or seepage occurs, so they can be immediately installed, Contractor is required to have equipment and labor ready to install the steel casing during the drilling of the drilled anchor holes. Item No. 3 Removal, Testing and Storage of Antennas: Work under this item shall include all labor and equipment for climbing, dismantling, removal, testing and storage of antennas from the existing tower. Testing of antennas shall be performed before removal to establish baseline working parameters and to determine if any antennas need replacement. Storage of antennas must provide protection from environmental damage during reconstruction of the tower. The Contractor is responsible for arranging storage and transportation for antennas while tower is reconstructed. The Contractor is responsible for any damage that occurs to the antennas, whether any damage occurs during removal, storage, transporting or accidentally. Antennas shall be tested and inspected for damage after removal from tower to determine if the antenna needs to be repaired or replaced. Item No. 4 Removal and Disposal of Existing Lines: Work under this item shall include all labor, tools and materials for climbing tower for dismantling, removal and disposal of existing lines. Contractor must keep a record of all lines and type of lines attached to each antenna so they may be replaced in kind. All material disposal, hauling and associated costs is the responsibility of the Contractor. Item No. 5 Removal and Dismantling of Existing Guyed Tower: Work under this item shall include all labor, tools and materials for disassembly, removal and disposal of existing steel tower and all debris created by dismantling of the existing tower. Existing tower has undergone extensive corrosion and may require replacement of bolts to make tower temporarily secure and sawing and cutting through bolts and connectors that are corroded during disassembly. All material disposal, hauling and associated costs are the responsibility of the Contractor. Contractor is required to comply with all state laws and OSHA requirements for climbing safety and fall protection. Item No. 6 Removal and Dismantling of Existing Guy Anchors: Work under this item shall include dismantling old guy wires, turnbuckles and guy anchors. Removal of steel and concrete anchors shall be removed at least 2 feet below existing grade. All material disposal and hauling is the responsibility of the Contractor. Item No. 7 Relocate Underground Conduits: Work under this item shall include relocating existing conduits and running new conduits that tie into existing conduits that connect to building which may include coring into the existing building and excavation to access concrete slab to connect new conduits to existing building. Conduits shall be PVC Schedule 80 pipe. All material disposal and hauling is the responsibility of the Contractor. Page SP -9 of 14 Item No. 8 Install New Reinforced Concrete Tower Foundation Pad: Work under this item shall include all labor and materials to excavate, relocate any underground utilities and conduits including those not shown on plans or marked, construct formwork, supply and install rebar, and all components of reinforced concrete foundation pad as shown in the Plans. Item No. 9 Remove and Replace 6 -Foot High Chain Link Fence: Work under this item shall include existing 6 foot high chain link fence and all posts. Removal of steel and concrete anchors shall be removed at least 1 foot below existing grade. All material disposal and hauling is the responsibility of the Contractor. New fence shall have plastic privacy slats that match the existing fence color and shape. New fence shall conform to City of Newport Beach Standard Drawings STD -230-L. The FCC ASR sign on the existing fence must be salvaged and installed on the new fence in the same location. Item No. 10 Remove Bollards: Work under this item shall include existing concrete filled bollards and concrete bollard foundations. All material disposal and hauling is the responsibility of the Contractor. Item No. 11 Install New Guyed Tower: Work under this item shall include all labor and materials, and equipment necessary for construction of new guy tower and shall comply with ANSI/TIA-222-G "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures". Item No. 12 Install Tower Ground Rods and Ground wires: Work under this item shall include all labor and materials to install (6) ground rods and wires. Ground Rods shall be buried in "Loresco Power Set' or approved equal a coke breeze filled trench which is 4 to 6 inches wide and 95% compaction surrounding all buried grounding components and materials following manufacturer. Connection from ground cables to grounding rods shall be made by an exothermic weld. All ground wires shall be solid copper and 'h inch diameter also labeled as 4/0. This item shall include all restoration paving of concrete sidewalk, curb and gutter and/or asphalt paving as required to restore finished grade to match the original surface type. Item No. 13 Install Antennas: Work under this item shall include labor materials and new mounting kits and hardware to reinstall all existing antennas as listed. All components and mounting kits must be made from materials that are hot dipped galvanized. Item No. 14 Align Microwave Dish: Work under this item shall include labor materials and any required mounting kits and hardware to reinstall the microwave dish and labor and time to perform testing to align the microwave dish for maximum transmission throughput to the satisfaction of the City. All components and mounting kits must be made from materials that are hot dipped galvanized. Item No. 15 Install lines and Cable Bridge: Work under this item shall include all labor and materials, supply and connect lines to all antennas, and cable bridge and all connections to the tower control building. Contractor is responsible for providing the highest quality cables that meet or exceed the specifications of the existing lines. Page SP -10 of 14 Cables shall be Andrew Heliax Coaxial VXL5-50 for 7/8" and Andrew LDF4-50A for Y2" or approved equal. Cable for Microwave with Radome shall be Commscope EW63 or approved equal. Cable mounting hardware shall be Andrew or Commscope brand and be installed in the manner consistent with manufacturer recommendations or approved equal. Cable bridge shall be installed over the cables that run from the tower to the underground conduit location. All cables must have surge arrestors installed on each cable before the conduits enter the building. Contractor must homerun all cables through the new or existing underground system, no splicing of cable will be allowed. Contractor shall setup grounding wires that connect to all cables grounding connection system. Item No. 16 Install Bollards: Work under this item shall include all materials, equipment and tools to excavate and install new concrete filled bollards per the City of Newport Beach Standard Special Provisions & Standard Drawings STD -918-L "Typical Bollard Dimensions". Contractor shall install the bollards in locations determined in the field by the Engineer. Item No. 17 Remove and Construct 4 -inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 18 Remove and Construct 6 -inch Thick Crushed Miscellaneous Base: Work under this item shall include removing existing pavement, base and sub base, constructing 6 -inch thick crushed miscellaneous base and all other work items as required to complete the work in place. Item No. 19 Provide Allowance for Unforeseen Conditions: An amount of $30,000 is to be included for unknowns and unknown underground obstructions, as directed by the Engineer based on a time & materials basis. Item No. 20 Provide As -Built Plans (and DBE Certification if applicable). Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000 is determined for this bid item. The intent of this pre- set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid. Add to this section: Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. Page SP -11 of 14 PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE. MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Add to this section: Portland Cement concrete for curb and gutters and sidewalk construction shall be Class 560-C-3250. Portland Cement concrete for guy tower foundation and guy anchors shall be reviewed by the engineer to match the strength specified on the plans. Mix design for concrete used to fill guy anchor 24 inch diameter pipe shall include Eclipse 4500 Shrinkage reducing admixture or approved equal. A minimum of five (5) concrete cylinders shall be tested at three durations 7 days, 14 days and 28 days for each concrete pour and concrete type. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615-76A with 3 -inch minimum cover. Reinforcing steel loops in drilled piers shall have 4 -inch cover. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 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://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List. Page SP -12 of 14 300-1.3.1 General Add to this section: The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction 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 shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. 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. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 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 '% inch" of the last sentence with the words "two (2) inches". SECTION 302 - ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements Page SP -13 of 14 303-5.1.1 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." Page SP -14 of 14 PUBLIC WORKS DEPARTMENT INDEX FOR TECHNICAL SPECFICATIONS CITY RADIO TOWER REHABILITATION CONTRACT NO. 7094-1 SECTION 1 -CONTRACTOR RESPONSILBITIES 1-1 STANDARD SPECIFICATIONS 1-2 PERMITS 1-3 WARRANTY 1-4 CAL OSHA SAFETY 1-5 ELECTRICAL LINE SAFETY SECTION 2 -TEMPORARY OBSTRUCTION MARKING 2-1 CONSTRUCTION LIGHTING SECTION 3 -TOWER DEMOLITION 3-1 DEMOLITION 3-2 ANTENNAS 3-3 GUY ANCHORS 3-4 TOWER LIGHTS SECTION 4 -ASSEMBLY 4-1 UNDERGROUND CABLE CONDUITS 4-2 FOUNDATIONS 4-3 SECTION WEIGHTS 4-4 ERECTION DEPENDENT UPON CONCRETE STRENGTH 4-5 TRANSIT AND TENSION METER 4-6 FIELD CONNECTIONS AND INSPECTION 4-7 DRIFT PIN 4-8 FIELD WELDING 4-9 CABLE GRIPS 4-10 TURN BUCKLE SAFETY 4-11 GUYED TOWER PLUMB 4-12 GUY TENSION REPORTS REQUIRED 4-13 GUY SPLICES PROHIBITED 4-14 PAINT TOUCH UP 4-15 GROUNDING SYSTEM 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 5 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TECHNICAL SPECIFICATIONS CITY RADIO TOWER REHABILITATION CONTRACT NO. 7094-1 SECTION 1 — CONTRACTOR RESPONSILBITIES 1-1 STANDARD SPECIFICATIONS All work will conform to the following standard specifications: A. American National Standards Institute (ANSI)/Telecommunications Industries Alliance (TIA): ANSI/TIA-222-G "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" referred to herein as TIA-222-G B. American National Standards Institute (ANSI): A14.3 "Safety Requirements for Fixed Ladders." C. American Society for Testing and Materials (ASTM) D. American Concrete Institute ACI 318 Latest Edition E. American Institute of Steel Construction AISC Latest Edition F. California Building Code Latest Edition 1-2 PERMITS A. Building Permit from the City of Newport Beach, Permit Fee will be paid by the City B. Project Record Documents —The Contractor will provide all documents required to close out the building permit with the City of Newport Beach, including special inspection concrete placement, installation of high bolts, and As -Built plans showing any changes from the approved plans. C. The Contractor is required to obtain approved final inspection from the City of Newport Beach building department. D. The Contractor must notify the Engineer at completion of Construction of the Tower, and verify that the FCC has been notified per the FCC Antenna Structure Registration and that the FAA has been notified 5 days after the construction reaches its greatest height. Page TS -1 of 5 E. Contractor must obtain a Cal OSHA permit prior to starting work and comply with all Cal OSHA permit and safety requirements. 1-3 WARRANTY The Contractor will warranty said work for a period of one year. 1-4 CAL OSHA SAFETY Contractor shall prepare a Job Hazard Analysis, JHA, for both dismantling the tower and construction of the new tower. All work shall comply with OSHA standards. 1-5 ELECTRICAL LINE SAFETY Contractor shall avoid any conflict passing over electrical lines and use caution anytime construction gets close to electrical lines. SECTION 2 — TEMPORARY OBSTRUCTION MARKING 2-1 CONSTRUCTION LIGHTING Temporary Obstruction lightning during construction shall be provided in accordance with the requirements of FAA Advisory Circular AC 70/7460-11- (12/4/2015). The contractor shall connect to the existing lighting electrical system for power. SECTION 3 — TOWER DEMOLITION 3-1 DEMOLITION Inspect tower and replace flange bolts and any and all items required to make tower safe to climb. Contractor shall demo tower is a manner that is safe for the climbers. Contractor is responsible for planning safe removal of existing tower. 3-2 ANTENNAS Contractor shall remove all antennas from the existing tower and test antennas to check if replacement is required. Contractor shall notify Engineer of antennas that require replacement and recommend replacements that meet or exceed the operating parameter of the existing antennas. Testing of antennas shall be performed before removal to establish baseline working parameters and to determine if any antennas need replacement. Storage of antennas must provide protection from environmental damage during reconstruction of the tower. The Contractor is responsible for arranging storage and transportation for antennas while tower is reconstructed. The Contractor is responsible for any damage that occurs to the antennas, whether any damage occurs during removal, storage, transporting or accidentally. Antennas shall be tested and Page TS -2 of 5 inspected for damage after removal from tower to determine if the antenna needs to be repaired or replaced. 3-3 GUY ANCHORS Remove existing elevated anchors to 2 feet below grade, then match existing grade whether concrete or Asphalt. 3-4 TOWER LIGHTS Contractor will salvage and reuse existing light kit from existing tower and mount onto new tower. Lighting system consists of top light and side lights. SECTION 4 - ASSEMBLY 4-1 UNDERGROUND CABLE CONDUITS Relocate the underground conduits as required to enter the adjacent building. Conduits must have sweeps that meet the minimum radius for the specified cables so no excessive bending of the cables occurs. Conduits shall be Schedule 80 PVC 4-2 FOUNDATIONS Install three new elevated guy anchor footings as shown in the plans. The foundations must cure at least 14 days before guy wires or tower erection loads are applied. The 24 -inch diameter pipe for the guy anchor shall have concrete mix design with Eclipse 4500 Shrinkage reducing admixture. 4-3 SECTION WEIGHTS The weight of the tower 20 foot section weldment is 1100 pounds. The weight of guy anchor steel pipe 24 -inch diameter with 0.5 inch pipe wall is approximately 3300 pounds. 4-4 ERECTION DEPENDENT UPON CONCRETE STRENGTH Tower Erection shall not proceed 14 days of concrete cure time and until the concrete cylinder strength test data has been reviewed and meets the required strength at 7 day cylinder break test. 7 day test results shall be at least 66% of the specified 28 day strength. Tower foundation 7 day strength shall be 3000 psi. Guy anchor foundation 7 day strength shall be 2000 psi. Page TS -3 of 5 4-5 TRANSIT AND TENSION METER Transits and guy tension meters shall be properly calibrated within the last 6 months before erection commences. A transit shall be present throughout the tower construction phase. 4-6 FIELD CONNECTIONS AND INSPECTION Field connections shall be made with A325 Galvanized bolts and nuts per AISC. All connections shall be inspected the City's designated inspectors. If the City is not notified or given a 48 hour notice of construction so the Inspector can be present the contractor may have to remove unapproved concrete or steel bolts or flanges that were not approved by the Inspector. 4-7 DRIFT PIN Drift pin use is not permitted 4-8 FIELD WELDING Field welding is not permitted. 4-9 CABLE GRIPS Cable grips shall have smooth surfaces and no serrated surfaces that could damage the guy wires 4-10 TURN BUCKLE SAFETY Contractor shall furnish all 4-11 GUYED TOWER PLUMB Contractor shall maintain a check of the structure plumbness throughout erection work per EIA RS 222 Rev. G. 4-12 GUY TENSION REPORTS REQUIRED Contractor shall have all guyed tension wires tested and report furnished that states the results of the test and conformance with the tensions specified in the plans. 4-13 GUY SPLICES PROHIBITED Guy wire splicing is not permitted. Page TS -4 of 5 4-14 PAINT TOUCH UP Touch up damaged galvanizing using zinc rich 95% in Federal Specification: TT -P-6416 Galvanized Repair. or spray. Paint coats of colored paint to match section or spray is dry. 4-15 GROUNDING SYSTEM dried film paint that meets Touch up may be done by brush paint color after galvanized paint Grounding system shall be connected to each tower leg and each guy anchor. The grounding ring connected to the tower shall consist on three rods, one connected to each tower leg. Total of six (6) grounding rods connected using Y2 copper cable 4/0 Page TS -5 of 5