HomeMy WebLinkAboutC-3946 - Replacement of Lithocrete on Palm StreetU
TO:
FROM:
SUBJECT:
ISSUE:
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
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JUN
Agenda Item No. 5
June 26, 2007
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Mark Harmon, Director of General Services
Ext. 3055, mharmon(cDcity.newport- beach.ca.us
Contract C-3946 - Replacement of Lithocrete on Palm Street
Should the City repair damaged Lithocrete sidewalk on Palm Street in Balboa Village?
RECOMMENDATION:
• Authorize the City Manager to execute a contract with Shaw & Sons, Inc. of Costa Mesa
in the amount of $33,639.00 to (1) replace 494 square feet of Lithocrete sidewalk at five
locations on Palm Street in Balboa Village, and (2) enlarge the tree well at a sixth
location.
BACKGROUND:
In July, 2003, the City completed Phase 2 of the Balboa Village project. Among the
work included in this project was the installation of Lithocrete sidewalk on Palm Street
between East Ocean Front and East Balboa Boulevard. Lithocrete is a patented
concrete product selected for its finish, availability in various colors, and the ability to be
installed in decorative patterns.
Unfortunately, like any other concrete -based product, Lithocrete is still subject to
damage from street trees. In the east side of the 100 block of Palm Street (between
East Ocean Front and East Balboa Boulevard), the sidewalk surrounds six palm trees.
As constructed, the sidewalk did not allow enough growth space for the pre- existing
trees, and while these trees historically do not create the amount of damage as other
species, roots from the trees have raised the sidewalk. Attachment 1 is a map showing
the locations of the work. General Services Department staff have ground the sidewalk
to mitigate tripping hazards, but we are at the point where the sidewalk requires
replacement.
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• Newport Coast Residential Defuse Collection Services
June 12, 2007
Page 2
Due to the fact the product must be installed by an authorized installer, it cannot be
performed by City Crews nor by a contractor in the annual sidewalk, curb, and gutter
contract bid by the Public Works Department.
Consequently, staff is seeking approval of a contract in the amount of $33,639.00 with
Shaw and Sons, Inc. for the replacement of 494 square feet of Lithocrete around five
palm trees and to hand cut the Lithocrete around the sixth tree to create a larger tree
well. The material will be poured to allow larger tree wells around each of the trees, in
order to prevent repeat damage as quickly.
Due to the number of visitors this time of year in the Balboa Village, the work will
commence in the fall.
Financial Review
There are sufficient funds in Account 3130 -8239 (Field Maintenance — Concrete
Materials) to fund the project.
Environmental Review
This project does not require environmental review.
Public Notice
This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
Prepared by
Mike Pisani
Deputy General Services Director
Attachment:
1) Map showing location of the proposed work
Submitted
General
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• 0- -36t*�
CONTRACT WITH SHAW AND SONS, INC.
FOR INSTALLATION OF LITHOCRETE® SIDEWALK
IN BALBOA VILLAGE
THIS CONTRACT is made and entered into as of this a day of June, 2007, by and between
the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and SHAW & SONS, INC.,
a California corporation, whose principal place of business is 829 W. 17°i Street, Suite 5, Costa
Mesa, California 92627 ( "Contractor "), 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. Contractor is a licensed Lithocrete® installer that has previously done work for the City.
C. City is planning to replace portions of the Lithocrete® sidewalk at various locations in
Balboa Village, which has been damaged by tree roots (the "Site ").
D. City desires to engage Contractor to install 494 square feet of Lithocrete® sidewalk,
construct five, four -inch Lithocrete® Sea Shell pattern templates, and hand -cut one six -
inch palm tree well to match the opening of the new sea shell sizes at the Site
( "Project').
E. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the City for the Project, and is familiar with all
conditions relevant to the performance of services and has committed to perform all
work required for the price specified in this Contract.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
SCOPE OF WORK
Contractor shall provide.all the materials and perform all the services described in the
Scope of Work attached hereto as Exhibit A and incorporated herein by this reference.
The Project shall be performed at the location depicted on Exhibit B.
As a material inducement to the City entering into this Agreement, Contractor represents
and warrants that Contractor is a provider of first class materials and services and
Contractor is experienced in performing the work and services contemplated herein and,
in light of such status and experience, Contractor covenants that it shall follow the
highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality. For purposes of this Agreement, the
phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first -class firms performing similar work under similar
circumstances.
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Contractor shall perform everything required to be performed, and shall provide and
furnish all the labor, materials, necessary tools, equipment, transportation and disposal
services necessary for the Project.
2. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Contract and
Contractor shall complete the Work within the time set forth in this Section. The failure
by Contractor to meet this deadline may result in termination of this Contract by City and
assessment of damages as outlined in Section 2.1.
Contractor shall commence work on the Project on October 1, 2007.
The Project shall be completed by December 15, 2007.
2.1 The parties agree that it is extremely difficult and impractical to determine and fix
the actual damages that City will sustain should the Contractor fail to complete
the Project within the time allowed. Should Contractor fail to complete the work
called for in this Contract on the date outlined above, Contractor agrees to the
deduction of liquidated damages in the sum of FIVE HUNDRED DOLLARS
($500.00) for each calendar day beyond the date scheduled for completion
provided in Section 2 of this Agreement.
Execution of this Agreement shall constitute agreement by the City and
Contractor that FIVE HUNDRED DOLLARS ($500.00) per calendar day is the
minimum value of the costs and actual damage caused by the failure of the
Contractor to complete the work within the allotted time. Such sum is liquidated
damages and shall not be construed as a penalty, and may be deducted from
payments due the Contractor if such delay occurs.
3. COMPENSATION
As full compensation for the performance and completion of the Project as required by
the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment
the sum of Thirty Three Thousand, Six Hundred Thirty Nine and 001100 dollars
($33,639.00). Contractor shall not receive any additional compensation unless
approved in advance by the City in writing. Payment to Contractor shall be made within
10 days of satisfactory completion of the Project.
4. ADMINISTRATION
This Contract will be administered by the General Services Department. Larry Kolbo
shall be the Project Administrator and shall have the authority to act for City under this
Contract. The Project Administrator or his/her authorized representative shall represent
City in all matters pertaining to the services to be rendered pursuant to this Contract.
5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
5.1 Contractor shall use only the standard materials described in Exhibit A in
performing Contract Services. Any deviation from the materials described in
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Exhibit A shall not be installed unless approved in advance by the City
Administrator.
5.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to
perform the services required by this Contract, and that it will perform all services
in a manner commensurate with community professional standards. All services
shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
6.1 City and all officers, employees and representatives thereof 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 services required
hereunder; or for damage to property from any cause arising from the
performance of the Project by Contractor, or its subconcontractors, or its
workers, or anyone employed by either of them.
6.2 Contractor shall be responsible for any liability imposed by law and for injuries to
or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's work on the Project, or
the work of any subcontractor or supplier selected by the Contractor.
6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and
employees from and against: (1) any and all loss, damages, liability, claims,
allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damage, or any other claims arising from any and all acts or omissions
of Contractor, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Contract; (2) use of
improper materials in performing this Project; including, without limitation,
defects in workmanship or materials and /or design defects or (3) any and all
claims asserted by Contractor's subconcontractors or suppliers on the Project,
and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. However, nothing herein shall require Contractor to
indemnify City from the sole negligence or willful misconduct of City, ifs officers
or employees.
6.4 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
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.
6.5 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.
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6.6 Nothing in this section shall be construed as authorizing any award of attorney's
fees in any action to enforce the terms of this Contract, except to the extent
provided in Section 6.3 above.
6.7 The rights and obligations set forth in this Section shall survive the termination of
this Contract.
7. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they are
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.
8. COOPERATION
Contractor 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 Contractor on the Project.
9. 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, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current certification
of insurance shall be kept on file with City's at all times during the term of this
Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
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E.
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employees in accordance with the laws of the State of California. In
addition, Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California for all of the
subcontractor's employees. Any notice of cancellation or non - renewal of
all Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non - payment
of premium) prior to such change. The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City.
General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and
property damage, including without limitation, contractual liability. If
commercial general liability insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Contract, or the
general aggregate limit shall be at least twice the required occurrence
limit.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of
the Contractor arising out of or in connection with work to be performed
under this 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 occurrence.
Endorsements. Each general liability and automobile liability insurance policy
shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to
liability arising out of work performed by or on behalf of the Contractor.
This policy shall be considered primary insurance as respects to City, its
elected or appointed officers, officials, employees, agents and volunteers
as respects to all claims, losses, or liability arising directly or indirectly
from the Contractor's operations or services provided to City. Any
insurance maintained by City, including any self- insured retention City
may have, shall be considered excess insurance only and not
contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect
to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
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V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after
thirty (30) calendar days (10 calendar days written notice of non - payment
of premium) written notice has been received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claim made or suit instituted arising out of or resulting from Contractor's
performance under this Contract.
G. Additional Insurance. Contractor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may
be necessary for its proper protection and prosecution of the work.
10. BONDING
Contractor shall obtain, provide and maintain at its own expense during the term of this
Contract: 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 Agreement and in
the form attached hereto as Exhibit C which is incorporated herein by this reference.
The 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.
The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and
Materials Payment Bond, 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 Sate of California.
11. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, not less
than the general prevailing rate of per diem wages including legal holidays and overtime
work for each craft or type of workman needed to execute the work contemplated under
the Agreement shall be paid to all workmen employed on the work to be done according to
the Agreement by the Contractor and any subcontractor. 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 Agreement. 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. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
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diem wages. It shall be the obligation of the Contractor or any subcontractor under
him /her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
12. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the work
outlined in the Scope of Services provided the Contractor obtains City approval prior to
the subcontractor performing any work. Contractor shall be fully responsible to City for
all acts and omissions of the 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.
13 WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
14. CONFLICTS OF INTEREST
The 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.
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.
15. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Contract
shall be given in writing, to City by Contractor 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.
All notices, demands, requests or approvals from Contractor to City shall be addressed
to City at:
Attn: Larry Kolbo
General Services Department
City of Newport Beach
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3300 Newport Blvd., PO Box 1768
Newport Beach, CA, 92658 -8915
Phone: 949 - 718 -3460
Fax: 949 - 650 -0747
All notices, demands, requests or approvals from CITY to Contractor shall be addressed
to Contractor at:
Attention: Paul Taylor
Shaw & Sons Concrete Contractors
829 W. 17°i Street, Suite B
Costa Mesa, CA 92627
Phone: 949 - 642 -0660
Fax: 949 - 642 -0967
16. TERMINATION
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 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.
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.
17. 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.
18. WAIVER
A waiver by City of any term, covenant, or condition in the Contract shall not be deemed
to be a waiver of any subsequent breach of the same or any other term, covenant or
condition.
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19. 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 Contracts
of whatsoever kind or nature are merged herein. No verbal Contract or implied
covenant shall be held to vary the provisions herein.
20. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Contract and the
Scope of Services, the terms of this Contract shall govern.
21. 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.
22. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract 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 taken into consideration these factors in submitting its Project
Proposal and Scope of Work.
23. 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.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and
year first written above.
[SIGNATURES ON FOLLOWING PAGE]
W
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APPROVED AS TO FORM:
A r C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
B.
LaVonne Harkless,
City Clerk
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CITY OF NEWPORT BEACH,
A Municipal Corporation
By: i1.
omer Bludau, Ci Manager
for the City of Newport Beach
CONTRACTOR:
SHAW & SONS, INC.
Name: Glu a� u2
Title: ' L
i�l G G �tflCi�I
By:
Name:
Title:
Attachments: Exhibit A - Scope of Services
Exhibit B — Location of Work
Exhibit C — Labor and Materials Bond
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EXHIBIT A
Scope of Services
Contractor shall perform the following services:
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Construct 4" Type 1 and Type 2 Unstained Llthocrete8 sidewalk in the amounts at the
locations in Exhibit B:
• 7' -6" x 17' -0" = 128 square feet
• 7' -6" x 17' -0" = 109 square feet
• 7' -6" x 12' -0" = 90 square feet
• 9' -0" x 9 -6' = 86 square feet
• 9' -0" x 9 -0' = 81 square feet
• Construct five (5) 4" Lithocrete® Sea Shell pattern templates
• Hand cut one (1) palm tree well 6" to match opening of the new sea shell sizes
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E3 Repair Exhibit "B" 0 20 40
7t Replace Location of Work Fef N
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CITY OF NEWPORT BEACH
BOND NO. 58643231 Premium: $202.00
LABOR AND MATERIALS PAYMENT BOND
WHEREAS. the City Council of the City of Newport Beach, State or California, by motion
adopted, has awarded to Shaw $ Sons Inc, (dba Shaw & Sons Concrete Contractors)
hereinafter designated as the "Principal,' a contract for the installation of Ltthoorate concrete in the
city or Newport Beach. in strict conformity with the Contract on file vlth the offlos 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 end the terms
thereof require the furnishing - of a bond, providing that If Principal or any of Prindpars
subcontractors, shall fail to pay for any materials, provisions, or other supplies bead In, upon, for,
or about the performance of the work agreed to be done, or for any work or labor done thereon of
any khd, the Surety on this bond will pay the same to the extent tterstnefter set forth:
NOW, THEREFORE., We the undersigned Principal, and,
WasteM Surat duly authorized to transact
business under the laws of the Lte of California, as Surety, (referred to herein as "Surety") are
held firmly bound unto the City of Newport Beach, in the sum of Thirty Three Thousand, Six
Hundred and Thirty Nine and 001100 dollars ($33,635.110). .lawful money of the United
States of America, said sum being equal to 100% of the estimeted amount payable by the City
of Newport Beach under the terns 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 duo 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 Pdncipai and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Cade with respect to such work and labor, then the Surety will pay for the same, In an
amount not exceeding the sum specified In this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attomeys fee, to be foxed by the Court as required by
the provisions of Section 3250 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 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this SdFW, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the CM Cade 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 speci fic0ons.
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In the event that any princioal above named executed this Bond as an individual, 4 is
agraad that the death of any such principal shall not exonerate the Surety from Its obligations
under this Bond.
IN WITNESS t
WHEREOF, um
F, this Instrument has been duly executed by the above named
Principe] and sure on the day or I-Ina 2007.
Shaw & Sons, Inc. z G <V I �h ��
Name of Owdractor (Principal) 6Lpo0zQ$Lglgttattpe/ lwe
Western Surety Company
Name of Surety
5820 Canoga Avenue, Suite 200
Woodland Hills, CA 91367
Address of Surety
(602)2123292'
Telephone
D.W. Maddox, Attorney -in -Past
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHE13
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1bstern Surety Co4any
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
D W Maddox, Charles P Benz, Individually
of Fullerton, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent m if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 8th day of December, 2006.
WESTERN SURETY COMPANY
O
FQ+ fFOR9 04
4,cA!
Paul :r Brnfiat, Senior Vice President
State of South Dakota
ss
County of Minnehaha
On this 8th day of December, 2006, before me personally carne Paul T. Brufist, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his Warne thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires {4LL444444MMh4444444 \444 {
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November 30, 2012 f NOTARY PUBLIC j
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SOUTH DAKOTA r
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D. Krell, No ary Public
CERTIFICATE
I; L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Powei of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed
th
my name and affixed the seal of the said corporation this 27 day of June 2007 .
WESTERN SURETY COMPANY
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L. Nelson, Assistant Secretary
Fomi F6280 -09-06
STATE OF
CALIFORNIA
COUNTYOF ORANGE
On June 27, 2007 before me, S. HURST, Notary Public
(here insert name and We of Me officer)
personally appeared D.W. MADDOX
personally known to me ) to be the person(&) whose name(&) is4 &
subsexibed to the wiMin instrument and acimoWledged to me drat hatha44ey executed the same in his*esfietr auMortzed
capacity(iea), and that by his✓bex4belcsomture(q on the instrument the person(e), or the entity upon behalf of which the
person(e) acted, executed the instrument.
WITNESS my hand and official seal
Signature "V w (SEAL)
OPTIONAL
This area for Official Notarial Seat
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
Tn7E(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTRY(IES)
NUMBER OF PAGES
DATE OF DOCUMENT
I[)-I= (REV. 10106) ALL - PURPOSE ACKNOWLEDGEMENT
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ri of L '�'k-Pt-A�6E as.
County
On IV V01-0 before me, �.� ���� ,
Dare w.ma.nd rm d olgcm le.g., •J. Dee, Na M 11in
personalty appeared ��- StF f1 w
RE EGCA 1. BEA6
COMM. tei498928
Notary Public • Califamia
z Ectan Cauniy 2908
M'personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personN whose name(!# isAmB
subscribed to the within instrument and
acknowledged to me that hel§W*y executed
the same in hisAWAPAr authorized
capacity(4), and that by hi$Vr"r
signature(o on the instrument the person(A1, or
the entity upon behalf of which the person(th
acted, executed the instrument.
WITNESS my hand and official seal.
LlAlt Q. o1 �
3gnewre d dowry P91NIc
OPTIONAL
Thargh the informatton below tS not required bylaw, it may Prove valuable to persons re1y81g on the document and coed Prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
v )
Document Date: (Qi `l�'�i� Number of Pages:
Signer(s) Other Than Named Above: 0 L) Lya 1A"nn1('
Capacity(ies) Claimed by Signer
Signer's Name: I,,CE K
❑ Individual Top of Bwmb here
Erorporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
• Attorney -in -Fact
• Trustee
• Guardian or Conservator
• Other: Uo
Signer Is Representing:_ A).S
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