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HomeMy WebLinkAboutC-4550 - Contract for 28th Street Street-end Catch Basin and Pavement RepairslQ CONTRACT WITH ASSOCIATED PACIFIC CONSTRUCTORS, INC. l {� FOR 28T" STREET STREET -END CATCH BASIN AND PAVEMENT REPAIRS THIS CONTRACT is made and entered into as of this gg d, ay of 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and C arter City ( "City"), and Associated Pacific Constructors, Inc., a California corporation, ( "Contractor") whose principal place of business is 495 Embarcadero, Morro Bay, CA, 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 is planning to repair the sunken catch basin and the damaged asphalt concrete pavement at the 28"' Street street -end. C. City desires to engage Contractor to repair the sunken catch basin and the damaged asphalt concrete pavement at the 28'" Street street -end ( "Project"). Contractor has agreed to perform the Project over ten (10) consecutive working days period, commencing on June 14, 2010, or upon issuance of the notice to proceed. D. 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 Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. As such, Contractor shall perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work 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. 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 necessary for the Project. 2. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Contractor shall complete the Work within the time set forth in this Section. The failure 3. H 5. by Contractor to complete all work within10 consecutive working days from the date of the "notice to proceed," may result in termination of this Agreement by City and assessment of damages as outlined in Section 2.1. The term of this contract shall extend to July 30, 2010 unless terminated earlier as provided for herein. 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 Agreement on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of Two Hundred Fifty Dollars ($250.00) for each calendar day beyond the date scheduled for completion provided in Section 2 of this Agreement assuming that the Contractor has access to the space on June 14, 2010, 200 as described herein. 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 Nineteen Thousand, Four Hundred Thirty-Seven and 96/100 Dollars ($19,437.96). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. The City shall make progress payments as the Project work proceeds based on the percentage of Project work completed. The cost of materials and equipment delivered and suitably stored off -site for subsequent incorporation in the Project work shall be included in progress payments. City shall pay Contractor no later than thirty (30) days after approval of the final invoice by City staff. ADMINISTRATION This Agreement will be administered by the Public Works Department. Fong Tse shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 5.1 Contractor shall use only the standard materials described in Exhibit A in performing services under this Agreement. Any deviation from the materials described in 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 Agreement, 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 Agreement; (2) use of improper materials in performing this Project including, without limitation, defects in workmanship or materials and/or design defects; and/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 Agreement 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. 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 Agreement, 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 Agreement. 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 Agreement, 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 or performance of any work. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. 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. Coveraoe Requirements. Workers' Compensation Coveraoe. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. 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. ii. 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 Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 4 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 Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. 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. ii. 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. 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 parry 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 B which is incorporated herein by this reference; and 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 Agreement in the form attached hereto as Exhibits C which is incorporated herein by this reference. 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, (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 and Faithful Performance 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 at 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 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 Agreement 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: Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92660 Phone: 949 - 644 -3321 Fax: 949 - 6443308 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Cam Boyd Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 Phone: 805 - 772 -7472 Fax: 805 - 772 -5803 16. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. 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 Agreement 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 Agreement 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 Agreement. 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 Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 19. INTEGRATED AGREEMENT This Agreement 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. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 21. AMENDMENTS This Agreement 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 Agreement 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 Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 24. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 25. WARRANTY Contractor agrees that the improvements installed pursuant to this Agreement shall be covered by a 1 -year warranty as described in the Standard Specifications for Public Works Construction, 2006 Edition and is incorporated in full by this reference. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: nett agcha p, Assistant City A or ey Gllv�� j for the City of Newport Beach CITY OF NEWPORT BEACH, A Municipal Corporati aum, ctor ublic Works the 1tyofNewport Beach ASSOCIATE9PACIFIC CONSTRUCTORS, INC. By: (Corporate Off ic ) Title: '��I t(�fr-- Print Name:C�U By: (Financial Officer Title: �7 lj le Print Name: 6�,v'"L Please note: Corporations must complete and sign both places above even if each office is held by the same individual Attachments: Exhibit A - Scope of Services Exhibit B - Labor and Materials Payment Bond Exhibit C - Faithful Performance Bond E m X cr UP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INFORMAL BID 28eh STREET STREET -END STORM DRAIN REPAIRS To the Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read, and will comply with the instructions and requirements listed on the Informal Bid Invitation Letter, has examined the Drawing Details and Payment Descriptions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete this Contract in accordance with the attached requirements, and will take in full payment the following unit prices for the worts, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL 2. 3. 4. Lump Sum Mobilization kr �ollarS and S;rjQe. Cents $ 779.149 Per Lump Sum Lump Sum Traffic Control @> :x u icP )A-43 600oilars and Cents $ (o38.IS Per Lump Sum Lump Sum Best Management Practices @ 5c m t, Dollars and EsIA4= e Cents $ 713.31 Per Lump Sum Lump Sum Removals and Site Preparation @f>✓tt6A&j. &0"'.A4 VolV&t. and s ,ki-y ane Cents $ 19,32.5-0 Per Lump Sum PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE B. 3 C Y. Place Clean Sand Compacted In Place Dollars and Cents $ 30y.15 $ 91z.4s" Per Cubic Yard 6. Lump Sum Construct New Catch Basin and Local Depression SCJ � �.. 4 "J, C, a..,,, i Chars and eta Y n :rt Cents $ 9,'{s7. Rh Per Lump Sum 7. 20 L.F. Construct Type -A PCC Curb and Gutter eQ O 4 h.,,drA L-1-1 +i.r« Dollars and OAR- Cents $ 14 .01 $ Z'94n - ,20 Per Linear Foot S. 130 S.F. Construct 6" Thick AC Pavement aQ �we��Y ��� Dollars and Sever Cents $ 2H.0'7 $ 31124.10 Per Square Foot 9. Lump Sum Install White Striping to Join Adjacent @s.-r (tA tw«dj a ,% ,Dollars and Cents $ EU,o9 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS V r Pti•.9o1r.- 772 - 74'72_ P-x: Sos 711, -TBo3 Bidder's Telephone and Fax Numbers -S`14 4906(e -4 Bidders License No(s). and %Cents $ 1114 .9 le Total Price (Figures) As5er:1%+eok QRtr:t �s.5iry,i9rS�Tw�. Bidder Pre1'ri,.1- QNa�fr Bidders Authorized Signatu and Tide 495 E- ,bar-LJVor Norm &I Q 934�7Z Bidder's Address BID ITEM MEASUREMENT AND PAYMENT Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, attend preconstruction meeting, and all other. related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans, providing the traffic control required by the project including, but not limited to signs, cones, barricades, etc. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City of Newport Beach Requirements. Item No. 3 Best Manaaement Practices: Provisions should be set in place for collecting and disposing of fallen construction debris and to protect public and private properties to include, but not limited to, private and public docks, underground and aboveground utilities, boats, landscaping and the waterway. Item No. 4 Removals and Site Preparation: Work under this item shall include the cost of all labor, equipment, and materials needed to sawcut, remove, and dispose of all interfering, unwanted, or undesirable materials such as the existing sunken catch basin; local depression; broken curb and gutter; asphalt concrete pavement; debris, etc. The payment for work to prepare the site such as cleaning, subgrade compacting, tack coating, and other preparatory work to receive the new improvements shall be made a part of this bid item and no additional compensation shall be made. Item No. 5 Place Clean Sand Compacted In Place: Work under this item shall include the cost of all labor, material, and equipment to furnish, place, grade, and compact the required amount of clean sand in place to receive the new catch basin. item No. a construct New catch Basin and Local Depression: Work under this item shall include the cost of all labor, equipment, and materials to construct the new catch basin and local depression complete in place as shown in the drawing details. Grouting of the catch basin outlet joint and the installing of epoxy coated dowels shall be paid as a part of this bid item and no additional compensation shall be made. Item No. 7 construct Type -A PCC Curb and Gutter: Work under this item shall include the cost of all labor, equipment, and materials to construct the new PCC curb with 24" wide gutter completed in place per City Standards, Item No. 8 Construct 6" Thick AC Pavement: Work under this item shall include the cost of all labor, equipment, and materials to construct the new AC pavement in two (2) equal lifts. The cost of grading and tack coating shall be paid as a part of this bid item and no additional compensation shall be made. Item No. 9 Install White Striping to Join Adjacent: Work under this item shall include the cost of all labor, equipment, and materials to install two (2) coats of white striping two weeks after the AC pavement placement. CONSTRUCTION MATERIALS PORTLAND CEMENT CONCRETE shall be Class 560 -C -3250. REINFORCING STEEL shall be Grade 60 steel conforming to ASTM A615 with 2 -inch minimum cover unless otherwise indicated DOWELS shall be No.4 epoxy coated Grade 60 reinforcing bars QUICK SETTING GROUT to be installed at the catch basin outlet joint shall be of the quick setting type. ASPHALT CONCRETE PAVEMENT shall be Type III -C -3 PG 64 -10 (III- C3 -AR- 4000). TACK COAT shall be Type SS1 H asphaltic emulsion placed at a rate not to exceed one —tenth (1/10) of a gallon per square yard and shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed. EXISTING SEAWALLS / PARKING AREA 16 f / JOIN EXISTING PAVEMI %/ JOIN EXISTING PAVEMENT AND C&G 2 5 4 3 in EXISTING (AND GUTTER CURB I I I I I I I I I I I T 1 1 1 1 1 1 EXISTING PRIVATE WALL TO REMAIN i- �I I I I EXISTING SUNKEN SIDEWALK AND PAVERS TO REMAIN 1O REMOVE EXISTING CATCH BASIN AND BACKFILL VOID WITH 95% COMPACTED CLEAN SAND. 2O INSTALL NEW CATCH BASIN AND LOCAL DEPRESSION. (SEE ATTACHED DETAIL) 3O RECONSTRUCT 13" CF TYPE A CURB AND GUTTER. ® RECONSTRUCT EXISTING CURB AND GUTTER. 5O RECONSTRUCT EXISTING PAVEMENT WITH 6" THK. FULL DEPTH A.C. SECTION MIN. 5' WIDTH AND VARIABLE LENGTH FROM 16' TO 20', OVER RECOMPACTED SUBGRADE TO 95% COMPACTION. 6O RESTRIPE WHITE HATCHING AS NEEDED. 28TH STREET STORM DRAIN REPAIR PLAN NOT TO SCALE 1 a g ?2' DOWELL NEW CATCH BASIN . INTO EXISTING BULKHEAD WITH 4 - ##4 18" LONG EPDXY COATED REBARS•AT EVEN .90 SPACING _/ / ,- 7- / / / APOTECT EX/97//N0 6ULiYHEE.40 ANO T/E.Ri ' t e /VTAV4 /S:GV/wo FELT Q< CGORB ��/ . �/••' : • '. •: ,':� ` 0040"rS JWMOCXCEB / o / Ae I m RCN * / � •. • e • ' �� • :::, , f THRDUON EX /9T /NO i ACC BUGMilERO AWlNEL. Q2NA7xY4CT ceom hmar TYPE 'cot," 7a AwtTECT 'CSP Y EXPO9E0 RE/NFOC NO lbO 49 BH06V HEPEO/V, 6Y/THPPO�ECTYaVBAP BTEEL ALIGN NEW CATCH BASIN OUTLET WITH SECTION N ISEAWALLRGROUT OPENING CB /SEAWALL JOINT 28TH STREET STORM DRAIN REPAIR DETAIL NOT TO SCALE Exhibit B CITY OF NEWPORT BEACH BOND NO. 58673710 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Associated Pacific Constructors, Inc. hereinafter designated as the "Principal," a contract for the 28`h Street Street -End Catch Basin and Pavement Repairs, located at 495 Embarcadero in the City of Morro Bay, 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, WESTERN SURETY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Nineteen Thousand, Four Hundred Thirty-Seven and 961100 Dollars ($19,437.96) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the .Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed 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 Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder 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. 10 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 7th day of MAY 2010. 10 1 Associated Pacific Constructors, Inc. Authorized Signature itie (Principal) P"A- 6 Ge WESTERN SURETY COMPANY Name of Surety Authorized Agent Si nature 6300 CANOGA AVE., STE. 1150W 3Q999Td�IB-- IsI -LISm -4"A 8d.3.6'' Address of Surety 918 713 -2031 Telephone SHIRLEY LITTELL- ATTORNEY IN FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE ATTACHED 11 ACKNOWLEDGMENT ................................................ ............................... State of California County of as. SEE NOTARY ACKNOWLEDGMENT ATTACHED On before me, Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that helshelthey 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) ones ... .............anne u.. ..........................•..... u................ 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 ,V Creddble Witness(es) Capacity of Signer: Trustee Power of Attorney —CEO /CFO /COO _ President / Vice - President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer ❑ Check here If no thumbprint or fingerprint Is available. CALIFORNIA ALL - PURPOSE ACKNOWLIDOMENT State of California County of Ventura On May 7, 2010 before me, Judith A. Benites, Notary Public Date Here Insert Name and Title of the Oeber personally appeared Shirley Littell Name(s) of Signer(s) gAliH A. KNITES Commisalon / 1071051 Notary Pe08c - caafamia Nmtura cou" Canrm No 20.2013+ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(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. Signa ure: Place Nmary Seal mWar Stamp Above OPTIONAL Signature aic Though the information below is not required by law, it may prove uable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Deecripiton of Attact" Document Title or Type of Document: Labor and Materials Payment Bond Document Date: May 7. 2010 Number of Pages: 2 Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — ❑ Individual • Partner — ❑ Limited ❑ General Top of thumb here KX Attorney in Fact • Trustee • Guardian or Conservator • Other. Signer Is Representing: Western Surety Compa y Signer's Name: • Corporate Officer — Tifle(s): • Individual • Partner — ❑ Limited ❑ General Top of thumb here • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: Nmm AAmdalien -YiM Dn SM Avn.. P n My 94rP•f.Mla ft CA 9191.'1.' P,w NM nal!JnMmam u Hem M6g67 Reorder. Car Tdl -Free 141OM76 -6W ACKNOWLEDGMENT • asalaqr.YYY.Yamrr •.YrarYrafaafaaaaaaaaralarraara Ya Ya.M aYr YYY q Pqa aq ... oarrr axl State of Cafllprnia County of y1 /!inS Obi p� )88. On May/&, '--ZL0Zb before me, �U <� eIZG"�?, Notary Public, perso alh ly appeared u 1 F � P.✓ - -,who proved to me on the basis of satisfactory evidence to be the person(* whose nameH islara subscribed to the within instrument and acknowledged to me that hetmieAhey executed the same in hislfwltheir authorized capacity(+es), and that by hisAefRikeir signaturesm on the Instrument the person*, or the entity upon behalf of which the persona} 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 oNicial seal. RwH1A UIDW O _ C.ormnbgon # 1671299 /7 Sett Lint CbYpo CQU* - COmnBq�bttAolr29,2010 Signature CX // ( ^eali p Bala aaaasaanla a�yla as tl Y'a YMaa arH gYaYllr #ao elp aaas ra Barge gtaYagtraq YY YgYf aqq qYl Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION %yilGc 1 7A1 0 Thumbprint of Signer L® home X41 Z1Y L �1 Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) 02 Capacity of Signer: Trustee _ Power of Attorney CEO /COO T resider / Vice- President /Secretary /Treasurer Other Information: Check here If no thumbprint or fingerprint is available, Western Surety Company 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 Shirley Littell, Individually of Oxnard, CA, its We and lawful Attomey(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 as if such instruments were signed by a duly authorized outer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, me 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 23rd day of March, 2010. W°E�e WESTERN SURETY COMPANY t°�o p °RVI� s �a, 6[AxlsjP $rrOM Paul rBrufka, Senior Vice President State of South Dakota ) ss County of Minnehaha 1l On this 23rd day of March, 2010, before me personally came Paul T. BmFlat, to me known, who, being by me duly swom, 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 time thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires \ \ \4M4M44 \44444 \ \44 \ \\ F +' D. KRELL `+ November30,2012 1 NOTARY PUBLIC /�f r SOUTH DAKOTA ♦\ \\\4444444444444 \4 \44\� D. Krell, Noruy Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power 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 I have hereunto subscribed my time and affixed the seal of the said corporation this 7th day of May 2010 . 0:V'WV_2"3___ WESTERN SURETY COMPANY cy; L. Nelson, Assistant Secretary Farm F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Exhibit C CITY OF NEWPORT BEACH BOND NO. 58673710 FAITHFUL PERFORMMCE-BOND The premium charges on this Bond is $ 280.00 being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Associated Pacific Constructors, Inc hereinafter designated as the "Principal," a contract for the 28"' Street Street -End Catch Basin and Pavement Repairs, located at 495 Embarcadero in the City of Morro Bay, 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 [he Contract. NOW, THEREFORE, we, the Principal, and WESERN SURETY 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 Nineteen Thousand, Four Hundred Thirty -Seven and 961100 Dollars ($19,437.96) 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. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. 12 In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shail 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 7TH day of MAY , 2010 Associated Pacific Constructors, Inc. ;Auoriz eed .atyUr[�efritl (Principal)✓G •Ge///P� WESTERN �� A✓�(�e�r�.�fJ- SURETY COMPANY Name of Surety Authorized Agent Si nature 6300 CA3706A AVE., STE. 1150w - SHIRLEY LITTELL- ATTORNEY IN PACT -WO-1 era s6,-9A 911267 -- Address of Surety 818 713 -2031 Telephone Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE ATTACHED 13 ACKNOWLEDGMENT ...................... a.................,....... ..............................r State of California County of )Ss. On before me, Public, personally appeared SEE NOTARY ACKNOWLEDGMENT ATTACHED Notary ---who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature rseali ................. .............................a. ..044.......................\.1 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _Credible Witness(es) Capacity of Signer: Trustee Power of Attorney �CEOICFO /COO _ President I Vice - President I Secretary I Treasurer Other: Other Information: Thumbprint of Signer 0 Check here if no thumbprint or fingerprint Is available. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Ventura On May 7. 2010 before me, Judith A. Bonitos_ Notary Public Date Here Insert Name g Ti a Vie L_a personally appeared Shirley L i t t e l l Name(s) of Signer(s) LeJUD1TN III, IBIITES Conwabtloa r 18716S/ won Celli Carom Now 20 2013+ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herRheir authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Sig ature: Placa Nolary Soar andoor Stamp Above Signet r ublio OPTIONA — ' Though the information below is not required by law, it may prove ve uable to persons relying on the document and could prevent fraudulent removal and reattachmem of this form to another document. Description of Me~ Dasument Title or Type of Document: Faithful Performance Bond Document Date: May 7. 2010 Number of Pages: 2 Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑Limited ❑General JOK Attorney in Fact • Trustee • Guardian or Conservator ❑ Other. Signer Is Representing: Western Surety Signers Name: ❑ Corporate Officer — Title(s): ❑ Individual • Partner — ❑ Limited ❑ General Top of thumb here • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: 02008 National Notary AvAditton, 9350 De Soto Ave., P.O. Box 2402•Choonnonh, CA 913138402 -v .NalimalNolary.oig Item N59D7 ACKNOWLEDGMENT /.. s. VN ................... 4..fa f..... ............ a.'..Yllhalfa.aawl{tl b.aY 00.0.0....1 State of California County of �4/� za'k 4� /SAS) ss. On M� /y before me, D " , I / u/I Notary Public, perso alally appeared �sLUI ! &1 ,who proved to me on the basis of satisfactory evidence to be the person(&) whose name(e) is/we- subscribed to the within instrument and acknowledged to me that. he /sloe /they- executed the same in his /her /their authorized capacity(ies), and that by his /k6r /their signatures(e) on the instrument the person(e), 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 seat. ROBIN J. LUDWIG commYebn # 1671299 Notary Public • calftmia San Lub ObI County !�'G%�R!1M t./ /L.c� lrl5b MVConwn.6rgnaMaY29,ZO10y Signature / f -sap a " "..0.. Pa. &.aaa a ..0afa.allo.YNo# *1.BnoR#..aa.M1.M a- 0-99. .a. 0.Y bb.ab0.,1b1 Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION ,4 - 7_7 /)/ d 1�emee,QI, Type of Satisfactory Evidence: Personally Known with Paper Identification ^ Paper Identification Credible Witness(es) CZ Capacity of Signer. Trustee Power of Attorney —CE O /C 00 esWe ! Vice- President /Secretary/ Treasurer r: Other Information: ❑ Check here if no thumbprint or fingerprint is available. Western Surety Company 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 Shirley Littell, Individually of Oxnard, CA, its true and lawful Attomey(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 as 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 23rd day of March, 2010. ryc WESTERN SURETY COMPANY 3� \sgpv�.x Paul 7.Bmflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 23rd day of March, 2010, before me personally came Paul T. Bruftat, tome known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls. State of South Dakov4; 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 a was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires •• +••` +++ + +++ ++++ + + + + +•+ +i D. KRELL November 30, 2012 NOTgpY PUBLIC (R., DAKOTAS ♦ \ \4 +4444444\4\444444444 D. Krell, No ary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further cerlify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 7th day of May 2010. v'"`n� WESTERN SURETY COMPANY 4�pa�i , w 4��r�8`px. �f�� f� P �� rte. Nelson, Assistant Sccinnary Form 174280.0946 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seat is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Client#: 218769 PACONSTR2 ACORD,.. CERTIFICATE OF LIABILITY INSURANCE TYPE OFINSURANCE 51;3120 a"Y"" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Darren D. Caesar (805) 682.2571 HUB In i'I Insurance Serv. Inc. 40 East I Alamar Avenue ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE: HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ' GENERAL LIABILITY X COMMERCIALGENERALLIABILITY CLAIMS MADE OCCUR X BI/PDDed:5,000 Santa Barbara, CA 93105 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Northern Assurance Co of Americ 36369 Associated Pack Constructors, Inc. Pacific Constructors, Inc. INSURER a: National Union Fire Ins Co Pitt 19445 INSURER C: Netherlands Insurance Company 24171. 495 Embarcadero Morro Bay, CA 93442 It4suRER D: GENERALAGGREGATE " NSURER E GENL AGGREGATE UMITAPPLIES PER: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - L'M SR TYPE OFINSURANCE POLICY NUMBER POUCYEFFECTNE DATE MWDI3 POUCYEXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIALGENERALLIABILITY CLAIMS MADE OCCUR X BI/PDDed:5,000 NSJH70596 P &Iw /Crewlncl Pollution Dab 10118/2009 10/1812010 EACH OCCURRENCE 51000000 OAMAGETORENTED PREMISES (F. 5100000 MED EXP (Any ma person) $5,000 PERSONAL 6 ADV INJURY S1000;D60 X See Remarks Section GENERALAGGREGATE " -5 M1)00.000 GENL AGGREGATE UMITAPPLIES PER: PftOOUCT3- COMPfQ�A ODO C °' AUTOIIACBILF IJAWML ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NO"WNED AUTOS BAS331570 . .. 1011812009 1011812010 COMBINED SINGLE UMTT (Ea accMeN1 ii 000,000 X BODILYINJURY (Parperson) S . X BOdILYINJURY (Vx auldanl) $ I X PROPERTY DAMAGE. _ (Per eatldenQ S ._. ..... . GARAGE LIABILOY ANY AUTO ... ... _ .. AUrooNLY- EAACCIOENT OTHER THAN 'EA ADC AUTO ONLY: AGG E A EXCESS I UMBRELLA LIABILITY _x1 OCCUR F� CLAIMS MADE DEDUCTIBLE X RETENTION $5,000 NSJH71736. ' 10118/2009 10/16/2010 EACH OCCURRENCE - s4000000 AGGREGATE s4,000,000 3' B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYT PROPRpIETOERRIPARTNEIVEXECUrME OgFFT�I�ER EXCLUDED4 ISPECI.AL ROVIBNXJS below 5864828.WC 5864829 USLH 10/01/2009 10/0112010 _ X WC STATU- OTH, i. ,00,Q00 E.L. EACH AOCIOENT..' - q1 EL. DSEASE-EA EMPL FS1 006'000 ' E.L. DISEASE - POUCVLIMIr 51,000000 A DTMm Rented /Hired Equipment NSJH70596 10/18/2009 10118!2010 $500,000 Limit ' $1,000 Ded. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENOGRSEMENT (SPECIAL PROVISIONS ? , Project: 28th Street, Street -End Catch Basin and Pavements Repairs Project Description: Repair of Catch basin and paved areas City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as Additional insureds as respects: liability arising out of activities performed by Cron behalf of (See Attached Descriptlons) City of Newport Beach Public Works Department Attn: Shauna Oyler 3300 Newport Boulevard Newport Beach, CA 92658 -8915 ) -25 (2009101) 1 of 3 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION EREOF, n1E ISSUING INSURER.W ILL ENDEAVOR TO MAIL . sn. DAYS WRITTEN 'O THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FABJJRETO 00 SO SHALL NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE MSURER, rr8 AGENTS OR #S712479/M553532 a 1988 -2009 ACORD CORPORATION. -All.ridlj A`eserved.`c The ACORD name and l000 are realsterEd madrs of ACCRD BR43 II IT, I MCA _1�kI If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may ;? ..... - .. require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. _ ACORD ?s (20aB101) 2 of 3 'gS712479IM553532 DESCRIPTIONS (Continued from Page 1) Contractor Including the insureds general supervision of Contractors; products and completed operations of Contractor; premises owned, occupied or used by contractors or automobiles owned, leased, hired or borrowed - by Contractor. The coverage shall contain no special limitations on the scope of protection afforded the City, its elected or appointed officers, officials, employees, agent or volunteers as respects to the General Liability and Auto Liability Policies, per the forms attached: Endorsement# 9 and GECA 701 (01107) Blkt. Commercial Auto Gold Endorsement. Contractors insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractors operations or services provided to the City. Any Insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractors insurance and shall not contribute with it under the General Liability and Auto Liability Policies, per the forms attached: Endorsement # 9 - Includes the Primary Wording Clause and GECA 701 (01107) Blkt. Commercial Auto Gold Endorsement - Includes Primary Wording Clause. The insurer shall agree to waive all rights of subrogation against City; it is elected or appointed officers, agents, officials, employees and volunteers for losses arising form work performed by Contractor for City under the Auto Liability; General Liability and Workers Compensation Policies, per the forms attached: Endorsement # 9 -Includes the Walver of Subrogation Clause. and GECA 701 (01107) Blkt. Commercial Auto Gold Endorsement; Includes the Waiver of Subrogation Clause and Blanket Waiver of Subrogation as respects to the Workers' Compensation Policy. Protection & Indemnity /Hull & Machinery Coverage; "Moe" - $10,000 BI /PH Dad. .:. "JC Freeze" w /crane - $10,000 BI /PH Dad. "JBoat" - $1,000 BI1PH Ded. "Whity" - $1,000 BI /PH Dad. "CSI Skimmer" - $1,000 Bl1PH Dad. "Mari" - $10,000 BI1PH Dad. "Mani I" - $10,000 BI /PH Dad. . "Mani ll" . .$10,000 BI /PH Dad. "Napa Valley" - $10,000 BYPH Dad. "Sea Queer'- $10,000 BI /PH Dad. "Bree- Tessa" - $10,000 BI1PH Dad. "AmyBee" - $10,000 BVPH Dad. AMS 25.3 (2009101) 3 of 3 #S712479/M553532 Ailk INTERNATIONAL MARINE 1Q M 1.97 UNDERWRITERS ENDORSF,MENT # 9 To be attached and made part of Policy Number N5JH 70596 Of The Northern Assurance Company of America Issued to: Associated Pacific Constructors, Inc. Effective May 13, 2010 and in consideration of the premium charged, it is agreed that the following entity is hereby named as Additional Insured with respect to Section I: Part I — Marine General Liability, Pntt II — Protection & Indemnity, and Part IV — Pollution Liability, with full waiver of subrogation, as respects to 28th Street, Street -End Catch Basin and Pavement Repairs as their interests may appear: City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 It is further agreed that this policy: shall be considered primary over all other coverages available to the Additional InSnred, but only with respect to their interest on project 28th Street, Street -End Catch Basin and Pavement Repairs All other terms and conditions remain oiichanged. Dated: May 13, 2010 f i Signature'of Au6oTi�zed Representative COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A, COVERAGE WHO IS AN INSURED The following is added; d Any organizalian, oiharthan a partnership or jov venme, over which you r*Wntafn ovvInershlp ix a rrsajoily inieresi owthe effective date "Of this Coverage Form, if there is no similar insurance available to [hat organization. Any nronla5tjon you newly aequh'e or.lomt other Phan a partnership or joint ventpro, and ovnr whiph yriti friaiMafh ownership of a majority Interest. Hawover, coverage under this provfsfon does not apply: If there is slmilar'insurance or a self - insured retention plan available to that organization; or (2) To "bodily injury" or "property damage' that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow In yqur business or your personal affairs. Insurance provided by this endorsement is excess over any other Insurance available to any volunteer or employee. . g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an Insured, If: (1 ) You are obligated to add that person,.organization, trustee, estate or governmental erAity as an addilicinal insured:to.this policy by., (a) an expressed provision of an "insured contract", or written agreement; or (h) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "hddfiy' inJriry'!or "'preperiy damage" is caused by -ah " @ecidenl" vahich tales p lays aftc11 (a) You executed the "insured contract" or wdttett agreement; or (b) the permit has been issued to you, t -. -r GWA 701 (01W) lnelndes cop7sigdred rmacrial of lnsurynoe Services Off=,, me rcuh ib permission Psge I or i 2. COVERAGE EXTENSIONS Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish.lhese bonds. (4) All reasonable expenses Incurred by the "Insured" at our requesl, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical, Damage 2, Any "auto" you lease; Kira, rent or borrow. from someone other than your employees or partners or rnemtieis :ottl7eirhotiseElo6ils.a'mli eyed "auW "frrreact7of your physical damage coverages. b, The most we will pay for "loss" In anyone "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss" or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accldept ", we will also pay up to 1600 per "accident" far the actual loss of use to the owner of the covered "auto ". c. our obligation to pay for, repair, return or replace damaged or stolen property A411 be reduced by an amount that is equal to (he amount of the largest deductible shown for any owned " aulo" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the Insurance provided is primary for any covered "auto"-you hire Withuuf d driver and excess over any other collectible insurance for anti covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to 3Z5 ptn'day forup to 30 days, for rental reimtrt¢semenf' %expenses incurred by you for the rental of an "auto" because of "loss" to a covered: "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which . in many cases may be substantially less than $75 per day, and will only be aldwed for a peliod of tuna it should jalce to repair. or replace.: the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay u p to $500 for reasonable and necessary expenses Incurred by you to remove and replace your materials and equipment frorn'the covered "auto "_ GFCA 701 f01A171 lmtudu eoprrtghted material or Scales 010ecs,[at MM its perurrsslon Pnge?"f,f If "loss" results from the total theft of a covered "auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long -term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we wilt pay your additional legal obifgatfon to The lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease- "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments;, penalties, interest or charges resulting from overdue payments, additional mileage charges; excess wear and tear charges; and lease termination fees, P. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to (he accidental discharge of an airbag.. Paragraph 4 is replaced with the following: 4. We will riot pay for'9oss" to any of the following: a: Tapes, records, disks or other similar audio, visual or data electronic; devices designed for use with audio, visual or data electrdnic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.o does not apply to: (1) Electronic equipment that receives or Iransmlls audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical .system, in or upon the covered "auto'; or (2) Any other electronic equipment that is: (a) Necessary for:the normal operation of the covered "auto or the monitoring of the covered'autoVoperallng system; or (b) An integral part of the same unit housing any sound reproducing equipment described. in (1) above and permanently fnstafled fn the opening of the dash -or console of (he covEred "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIQLE The following Is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 101 (01/07). Includes eopyrigh+ed mmerral of rnsurnace Sen,(=Om<es, Inc with to permuslon Page] or 4 SECDON IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: ,2. Duties In The Event of Accident, Claim, Suit, or Lass a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suif ", or loss. Knowledge of an accident, claim, "suit ", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place. (2) The names and addresses of any injured persons.and witnesses; and (3) The nature and location of any Injury or damage arising out of the accident or loss. The following is added to S. We waive any right of recovery we may have against any addilionat insured under Coverage A. i. Who Is An Insured g., but only as respects Idss arlsing out Otte operation, maintenance or use of a covered "auto" pursuant to the proyfs(ons of the "insured contract", written agreement, or permit. S. GENERAL CONDITIONS g. is added 7: 3. UNINTEMTIONALFAfLURE TO DISCLOSE HAZARDS Yt'nlritnintentianai Nralft,te to dfsciose any hazords existif?g of the effective date of your pot icy will not oaludlee the coveiago afforded. However, e0 have the right to collect addfffonai premium for any such hazard. COMMON POLICY CONDITIONS 2.1b, is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 t111107) Ineludescopyrighted eoslerml nrinsuranre Senlces Onh:er, Inc.lrith its permisslon Pace 4 of 4 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which It is attached effective an the inception date of the policy unless a different date is Indicated below. [The IolMwing "attaching clause- need be completed only when this endorsement is issued subsequent to phaparatlon M the policy). This endorsement, effective 12:01 AM 10(0112004 forms a part of Policy No. WC 005 -86 -4828 Issued to ASSOCIATED PACIFIC CONSTRUCTORS, INC, By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSOURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organizalion with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for (his endorsement shall be 2 % of the total estimated workers compensation premium for this policy. WC 04 03 61 Countersigned by - - _ - _ _ - _ -, - - - - _ - - - - - - - . (Ed. 11190) .. — - . -.. _ Authorized Representative Insured: ASSOCIATED PACIFIC CONSTRUCTORS, IN Policy: N5JH70596 r ENDORSEMENT 9 Effective: 05 /13/2010 I Premium 1 This Endorsement Amends The Following Coverage Parts: TOTAL ADDITIONAL PREMIUM SCHEDULE OF FORMS, IMU 0008 01 07 ADD Form(s): IMU 0010 01 07 Endorsement 9 - ADDITIONAL. INSURED PRIMARY 6 WAIVER OFFF OF SUBROGATION 3 0401076 05/14/2010 LXL CPW PR 0.433 s0 IMU 00200107 Page 1 of 1 c u�a �acn Insured: ASSOCIATED PACIFIC CONSTRUCTORS, IN Policy: NSJH70596 ENDORSEMENT 9 Effective: 05/13/2010 Effective May 13, 2010 and in consideration of the premium charged, it is agreed that the following entity is hereby named as Additional Insured under SECTION I - Commercial Marine Liability; Part I - Marine General Liability; and Part. II - Protection & Indemnity, with full waiver of subrogation as their interests may appear, but only with respect to work performed by the Named Insured: City of Newport Beach Public Works Department Attn: Shauna Oyler 3300 Newport Boulevard Newport Beach, CA 92658 -8915 It is further agreed that this policy shall be considered primary over all other coverages available to the Additional Insured, but only with respect to their interest in the following projects: 28th Street (Street -End Catch Basin and Pavement Repairs); and Edgewater Avenue Coping Improvements project. 1 other terms and conditions remain unchanged. 3 0401076 05/14/2010 LXL CPW PR 0.433 IMU 00 10 MGL05 01 07 c_iuci tarn CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 05/20/2010 Date Completed: 05/2112010 Dept. /Contact Received From: Shari Rooks Sent to: Shari Rooks By: Company /Person required to have certificate: I. GENERAL LIABILITY Michelle Ross Associated Pacific Constructors, Inc. INSURANCE COMPANY: Northern Assuraance Co. of America AM BEST RATING (A-: VII or greater): "A ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No $1,000,000 plus $4,000,000 Umbrella ® Yes ❑ No ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Ii. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Netherlands Insurance Co. B. AM BEST RATING (A-: VII or greater) "A "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): nla Is it included? ❑ Yes ❑ No NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: National Union Fire Ins. Co. of B. AM BEST RATING (A-: VII or greater): "A "(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: /•ficaZ A'90ss Agent of Brown & Brown Broker of record for the City of Newport Beach /f%ay 21, 2010 Date ❑ Requires approval/exceptiontwaiver by Risk Management Comments: Approved: Management Date initials // - ■