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HomeMy WebLinkAbout06 - Summary Vacation of Existing Public Water Easement at 4839 Cortland DriveQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report November 14, 2023 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Jason Joh, Associate Civil Engineer, jjoh@newportbeachca.gov PHONE: 949-644-3323 TITLE: Resolution No. 2023-64: Summary Vacation of Existing Public Water Easement at 4839 Cortland Drive ABSTRACT: Pursuant to the reimbursement agreement with Dhany Nathie and Denise Nathie, Trustees of the Dhany and Denise Nathie Family Trust dated September 30, 2017, for relocation of a water main (Contract No. 9224-1), the City of Newport Beach (City) is initiating proceedings to vacate the water utility easement located within the property located at 4839 Cortland Avenue. The Cameo Highlands Backup Water Supply Improvements project is complete and the waterline located within this property has been abandoned. RECOMMENDATIONS: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because this project will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-64, A Resolution of the City Council of the City of Newport Beach, California, Summarily Vacating a Public Water Easement at 4839 Cortland Drive (Portion of Lot 13 of Tract 3519) and Directing the City Clerk to Record Same with the County Recorder's Office; c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. DISCUSSION: The Nathie family is currently developing a new home at 4839 Cortland Avenue in Corona del Mar. During the Nathie's plan preparation, it became apparent that the existing water line, located in an easement along the southeasterly property line, was going to hinder their plans for the home. The water main was constructed in the six -foot -wide water easement in the early 1960s and has since served as a secondary, or backup, supply for the entire Cameo Highlands community. 6-1 Resolution No. 2023-64; Summary Vacation of Existing Public Water Easement at 4839 Cortland Drive November 14, 2023 Page 2 On February 28, 2023, the City entered into a reimbursement agreement with the Nathie family for the waterline improvements in the Cameo Highlands Backup Water Supply Improvements Project. The project modified the Cameo Highlands water system, rendering the portion of water main located within the 4839 Cortland Drive property obsolete. Pursuant to Recital D of the reimbursement agreement, the City is initiating proceedings to vacate its water utility easement now that the project is completed. The portion of existing main located within the subject property was abandoned in place. Pursuant to the California Streets and Highway Code Section 8333, the City Council may summarily vacate a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located with the easement. Staff recommends the public water easement be summarily vacated as it satisfies the condition of the California Streets and Highway Code since the waterline within the 4839 Cortland Avenue property has been replaced by a new waterline connection within public right of way and there are no longer public facilities within the easement. The existing easement to be summarily vacated is shown in Attachment C. FISCAL IMPACT: There is no fiscal impact related to this item ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2023-64 Attachment B — Vicinity Map Attachment C — Location Map Attachment D — Reimbursement Agreement 6-2 ATTACHMENT A RESOLUTION NO. 2023. 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING A PUBLIC WATER EASEMENT AT 4839 CORTLAND DRIVE (PORTION OF LOT 13 OF TRACT 3519) AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council ("City Council") of the City of Newport Beach ("City"), pursuant to Chapter 4 of the Public Streets, Highways and Service Easements Vacation Law, Section 8330 et seq. of the California Streets and Highways Code, is authorized to summarily vacate a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five (5) consecutive years immediately preceding the proposed vacation; the date of dedication or acquisition is less than five (5) years, and more than one (1) year, immediately preceding the proposed vacation and the easement was not used continuously since that date; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; WHEREAS, the property owner of 4839 Cortland Drive, Newport Beach, California 92625 ("Property") has requested the City vacate a six-foot (6') wide public water easement ("Easement"), which is legally described in Exhibit "A" and shown in Exhibit "B" attached hereto and incorporated herein; WHEREAS, the segment of the water main pipe in the Easement was abandoned in place as part of the City's Cameo Highlands Backup Water Supply Improvements Project, there are no active City facilities in the Easement, and thus the Easement is unnecessary for future water purposes; and WHEREAS, the City Council, having reviewed and considered the various elements of the General Plan of the City of Newport Beach with respect to the proposed summary vacation of the Easement, has determined that the summary vacation is consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby summarily vacate the Easement described in Exhibit "A" and shown in Exhibit "B" on the grounds that the Easement is excess and there are no other public facilities therein. 6-3 Resolution No. 2023- Page 2 of 3 Section 2: The City Clerk is hereby directed to record this resolution in the office of the Orange County Recorder in accordance with Section 8336 of the California Streets and Highways Code. Section 3: That from and after the date the resolution is recorded, the Easement described in Section 1 no longer constitutes a public water easement. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2023- Page 3 of 3 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 14th day of November, 2023. NOAH BLOM Mayor ATTEST: Leilani i. Brown City Cleric APPROVED AS TO FORM: CITY TTORNEY'S OFFICE C. L4'-� Aaron C. Harp City Attorney Attachment(s): Exhibit A — Legal Description of Easement Vacation Exhibit B — Map of Water Easement Vacation 6-5 EXHIBIT "A" WATER EASEMENT SUMMARY VACATION LEGAL DESCRIPTION A 6-foot wide water easement granted to the City of Newport Beach, California, by Tract Map No. 3519 recorded in Book 128, Pages 18 through 21, of Official Record of Orange County, described in said Tract map as: "The easterly 6-feet of Lot 13 of Tract 3519 as shown on a map recorded in Book 128, Pages 18 through 21 of Miscellaneous Maps, Records of Orange County, California." • • FXHIRIT "R" 119?" WATER EASEMENT AREA TO BE SUMMARILY VACATED 1h NjM%M9S N E W P O H T B E A C H �a�WPpRr 0 us °�c�FonN�r V& 4 �� aQ cpRT��ti +;P4Q- OO� ♦ ♦ ♦ ♦ i i / ♦ / / i ♦o /J ♦Q� iG /yG /S \ \ \ \ \ ti a ao 80 Feet Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. 6-7 ATTACHMENT B ` ► Q� FHC1784 =Q67 1 • ` • FHC1779 �S CCSp • ► - ■ �\� FHC2646 � • D �D �,.h ` . a �`►' o'` RED '�sA • ' .0 ,�o� ry�o 9CA ro� T b y9� � FHC1785 FHC1T78 �S FHC1773 8"ACP a� FHC254717 ` I339 ^ s� viV} rV�' 4� ykr¢ • A3'j `b 331 ,<� 330 y 4y��¢w N SGw� 4839 CORTLAND DRIVE PROPERTY �1C` W (APN 475-071-06) P4¢ a ♦ FHC1777 v 325 324 ♦ ♦ �� ♦ ROXBURY RD 6" ACP 6�ACP ♦ � FHC1772 D�a ♦ - �y P \ ♦ \ HC1776 J � M w��¢ ♦ G 701l ryp p� SG sa 9CIA O� a� FHC1788 FHC1787 0� Q' MCA G¢ - �C'A FHC1796 �C� P PVQ ay�a to Z TIES �EWAOR> Disclaimer: ♦� ♦ `� O 9144 � 0 100 200 Every reasonable effort has been made to assure the accuracy of `rya NIM% the data provided, however, The City of Newport Beach and its 1 � employees and agents disclaim any and all responsibility from or �� '�� ♦, `.��, N E W P O R T B E A C H Feet relating to any results obtained in its use. �` �• ♦� ♦ `;{Q LrFDpH 9/27/2023 6-8 ATTACHMENT C WATER EASEMENT AREA TO BE SUMMARILY VACATED 7• 00 S "14, 14" kN FHC1776 QGQ d" A N9S Disclaimer: N E W P 4 R T B E A C H 0Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of �EvrPp Newport Beach and its employees and agents o� 0 40 80 disclaim any and all responsibility from or relating to any results obtained in its use. v s �gc,FoaM'r Feet 9/27/2023 ATTACHMENT D T N N REIMBURSEMENT AGREEMENT WITH V DHANY NATHIE AND DENISE NATHIE, TRUSTEES OF THE DHANY AND DENISE NATHIE FAMILY TRUST DATED SEPTEMBER 30, 2017 FOR RELOCATION OF WATER MAIN THIS REIMBURSEMENT AGREEMENT ("Agreement"') is made and entered into on this 28th day of February, 2023 ("Effective Date") between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("CITY"), and Dhany Nathie and Denise Nathie, Trustees of The Dhany and Denise Nathie Family Trust dated September 30, 2017 ("OWNER"), collectively, the "Parties"): RECITALS A. OWNER has a project to improve its property at 4839 Cortland Drive, Newport Beach, California, APN 475-071-06 ("Property"), with legal description of: Lot 13 of Tract No. 3519, as per map recorded in Book 128, Pages 18 to 21, inclusive, Miscellaneous Maps, in the Office of the County Recorder of Orange County, and in conjunction therewith desires to remove segments of the CITY's water main, including vaults, interior valves, piping, and appurtenances, located within the CITY's easement ("Existing Facilities"). B. The CITY is willing to permit the aforementioned removal of portions of the CITY's water main and appurtenances in exchange for OWNER constructing new sections of water main and appurtenances along Cameo Highlands Drive ("New Facilities") and subsequently dedicating the New Facilities to CITY to become the property of the CITY. C. The CITY and OWNER agree to equally share the costs to remove the Existing Facilities and construct the New Facilities (collectively, "PROJECT"), which is estimated to cost $300,000.00 and OWNER's share of the costs not to exceed $150,000.00. D. The CITY will initiate proceedings to vacate its water utility easement upon completion of the PROJECT. NOW, THEREFORE, in consideration of the above Recitals and mutual obligations of the Parties as herein expressed, CITY and OWNER agree as follows: 1. CONSTRUCTION 1.1 OWNER agrees to perform all work to complete the PROJECT, including but not limited to design, construction, testing, inspection and management oversight, in accordance with the plans and specifications approved and permitted by the CITY ("Plans and Specifications"), attached hereto as Exhibit "A", which by this reference is made a part hereof as though set out in full herein. OWNER shall require its contractor to complete the PROJECT in conformance with the Plans and Specifications. The Plans and Specifications may be amended, changed or modified from time to time upon the written REIMBURSEMENT AGMT 4839 CORTLAND DR Page 1 6-10 consent of CITY and OWNER. 1.2 OWNER shall perform, and ensure its contractor performs, all 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. OWNER shall be liable for any private or public property damaged during the work of the PROJECT. 1.3 Owner shall require its contractor to obtain an encroachment permit from CITY prior to commencing work on the PROJECT. 2. DEDICATION; ACCEPTANCE Upon completion of the PROJECT, OWNER shall dedicate the New Facilities to the CITY. CITY agrees to accept the New Facilities when the New Facilities have been completed by OWNER in accordance with all requirements of the Plans and Specifications. At the time of completion of the PROJECT, OWNER shall furnish CITY with one (1) copy of the contractor's redlined set of blueline "record" drawings (showing all revisions, manufacturer and type of valves, pipe and fittings as required by CITY) and one (1) copy of the compaction reports and certificate, survey notes and cut sheets. 3. PROJECT COSTS; REIMBURSEMENT 3.1 The Parties agree to equally share the actual costs of the PROJECT, up to $300,000.00. CITY agrees to bear up to an additional $50.000.00 in PROJECT costs. Accordingly, OWNER's share of the actual PROJECT costs shall not exceed $150,000.00 and CITY's share of the actual PROJECT costs shall not exceed $200,000.00, which amount is the extent of the CITY's reimbursement obligation under this Agreement. 3.2 OWNER shall be responsible for making all payments to its construction contractor for PROJECT work, including amounts over OWNER's share of $150,000.00. CITY's obligation under this Agreement shall be to reimburse OWNER; CITY shall not have any responsibility for making payments to OWNER's construction contractor or ensuring the contractor is paid. 3.3 OWNER shall obtain reimbursement for its PROJECT expenditures by submitting a written request to CITY with an itemized list of expenditures to date and supporting documentation. OWNER shall also provide any additional information or documentation requested by CITY regarding reimbursement request. CITY shall have thirty (30) days from receipt of the reimbursement request in which to issue reimbursement. Reimbursement payments shall be made out to Dhany Y. and Denise M. Nathie, 7287 Arcadia Drive, Huntington Beach, CA 92648. 4. INSPECTION 4.1 CITY shall have the right to inspect the construction of the PROJECT as it deems necessary to assure compliance with the Plans and Specifications, including shop drawing review and material inspection thereof. CITY shall have access to all phases of REIMBURSEMENT AGMT 4839 CORTLAND DR Page 2 6-11 the construction work. CITY will promptly notify OWNER of any portion of the work on the PROJECT which appears not to conform to the Plans and Specifications. The determination as to conformity of the PROJECT with the Plans and Specifications shall be made by CITY in its sole discretion. CITY agrees not to unreasonably withhold its approval as to such conformity of the PROJECT with the Plans and Specifications. 5. LAWS, RULES AND REGULATIONS OWNER shall comply with all laws, rules and regulations, including, but not limited to, all applicable requirements of the California Labor Code, prevailing wage laws, and the ordinances, rules and regulations of CITY, in connection with the construction of the PROJECT. OWNER shall also require its construction contractor to comply with the same and incorporate such requirement in its contract with contractor. 6. OWNERSHIP The parties agree that the PROJECT shall at all times be subject to the applicable rates, rules and regulations of CITY, as modified or amended from time to time. OWNER hereby disclaims any interest in the New Facilities and does hereby transfer and assign to CITY any and all right, title, and interest it may have in the New Facilities. CITY shall own, operate and maintain the New Facilities following acceptance thereof. 7. GUARANTEES; WARRANTY OWNER shall guarantee, and require its contractor guarantee, the PROJECT against defects in workmanship and materials for a period of one (1) year from the date of acceptance by CITY. OWNER shall cause the PROJECT to be brought or restored to full compliance with the requirements of the Plans and Specifications, including any test requirements, for any portions of the PROJECT which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. This guarantee is in addition to any and all other warranties, express or implied, from OWNER's contractors or material manufacturers, with respect to the PROJECT. The guarantee and obligations under this section shall in no way be relieved by CITY's inspection and/or acceptance of the PROJECT. This section sets forth the entire guarantee and warranty of OWNER with respect to the PROJECT. The express or implied warranties of other persons with respect to PROJECT shall in no way be limited by the guarantee and warranty of OWNER contained in this section. If requested by CITY, OWNER agrees to assign to CITY the contractor's guarantee and/or any other guarantees or warranties relating to the PROJECT. 8. INDEMNIFICATION OWNER shall indemnify, defend and hold CITY, its officers, agents, employees, and engineers harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen during construction of the PROJECT as a result of any work or action performed by OWNER or on behalf of OWNER, including claims by OWNER'S contractor(s), save and except to the extent such expense, liability or claim is proximately caused in whole or in part by any REIMBURSEMENT AGMT 4839 CORTLAND DR Page 3 6-12 ., omission, or negligence of CITY, its officers, agents, employees or engineers or by .ny act or omission for which CITY, its officers, agents, employees or engineers are liable without fault. CITY shall indemnify, defend and hold OWNER, its officers, agents, and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen either (i) as a result of any acts performed by CITY, its officers, agents, or employees, with respect to the PROJECT construction; or (ii) following CITY acceptance of the PROJECT, with respect to maintenance and operation of the PROJECT, save and except to the extent such expense, liability or claim is proximately caused in whole or in part by any negligence of OWNER, its officers, agents, employees or engineers, or by any act or omission for which OWNER, its officers, agents, employees or engineers are liable without fault. 9. INSURANCE AND BONDING 9.1 Without limiting OWNER's indemnification of CITY, and prior to commencement of work, OWNER shall obtain, provide and maintain at its own expense during the term of this Agreement policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit "B," and incorporated herein by reference. OWNER shall also require its contractor(s) to obtain insurance coverage sufficiently broad to insure the matters set forth in this Agreement, and to include CITY, its officers, agents, employees and engineers, as additional insureds on all insurance policies that OWNER requires its contractor(s) to provide with respect to the PROJECT. OWNER shall provide CITY with certificates of insurance and insurance endorsements in a form acceptable to CITY. 9.2 OWNER shall require its contractor(s) to provide performance and payment bonds for the construction of the PROJECT and shall include CITY as an additional obligee on the bonds. 10. TERMINATION 10.1 CITY shall have the right to terminate this Agreement at any time by providing five (5) business days' prior written notice to OWNER. CITY shall remain obligated with respect to the actual PROJECT costs incurred by OWNER up to the date of termination and shall reimburse OWNER for CITY's share of those actual costs. 10.2 If OWNER's project to improve the Property is canceled or modified so as to eliminate the necessity of the construction of the PROJECT, OWNER shall have the right to terminate this Agreement and thereby terminate its obligation to construct the PROJECT. If OWNER terminates this Agreement, CITY will not be obligated for any design or any other costs for construction of the PROJECT incurred by OWNER. If CITY subsequently elects to construct the New Facilities, CITY may, but shall not be obligated to, acquire the design or other work from OWNER by separate agreement, subject to any offset or credit due to the CITY for Costs already paid to OWNER for the PROJECT. REIMBURSEMENT AGMT 4839 CORTLAND DR Page 4 6-13 11. NOTICES Any notice or other written instrument required or permitted by this Agreement to be given to either party shall be deemed received when personally served or twenty-four (24) hours after being deposited in the U.S. Mail, postage prepaid, registered or certified and addressed as follows: OWNER: Dhany Y. and Denise M. Nathie 7287 Arcadia Drive Huntington Beach, CA 92648 CITY: City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Attn: Director of Public Works 12. WAIVER The waiver of any provision of this Agreement by either party shall not be deemed to be a waiver of any other provision or of any preceding or subsequent breach hereunder. 13. INTEGRATION This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. This Agreement may be modified only in writing signed by both parties hereto. 14. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the successor and assigns of CITY and OWNER. 15. NO ATTORNEY'S FEES In the event suit is brought to enforce the terms and provisions of this Agreement, the prevailing party shall not be entitled to recover its attorney's fees and costs from the non -prevailing party. 16. SEVERABILITY If any term, provision, covenant or condition of this Agreement is held to be invalid, void or other unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. REIMBURSEMENT AGMT 4839 CORTLAND DR Page 5 6-14 17. LAWS AND VENUE This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of California and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 18. NEGOTIATED AGREEMENT The parties agree that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Agreement, and the decision whether to seek advice of counsel with respect to his Agreement is the sole responsibility of each of the parties. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of this Agreement. 19. COUNTERPARTS This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties had executed the same page. 20. NO THIRD PARTY BENEFICIARIES This agreement is entered into by and for OWNER and CITY and nothing,herein is intended to establish rights or interests in individuals or entities not a party hereto. 21. AUTHORITY TO SIGN Each party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that he, she, or it has the authority to sign on behalf of his, her or its respective corporation, partnership, joint venture, entity and agrees to hold the other party or parties hereto harmless if he, she or it does not have such authority. [SIGNATURES ON NEXT PAGE] REIMBURSEMENT AGMT 4839 CORTLAND DU rl t5eacn Page 6 6-15 IN WITNESS WHEREOF, this Agreement is executed by the Parties, on the dates set forth below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal orporation Date: 2 Date: By: B ro C.,Ha�p/ z • 1c.- zS Air L_ oa Blon°f` City Attorney M or ATTEST: Date: y.l4, 2,3 OWNER: Dhany Nathie and Denise Nathie, Trustees of The Dhany and Denise Nathie Family Trust dated September 30, 2017 Date: 2. l 22- 123 By: By: Leilani I. Brown Dan ie City Clerk.---.- Tr Z' [END OF SIGNATURES] Attachments: Exhibit A: Project Plans and Specifications Exhibit B: Insurance Requirements REIMBURSEMENT AGMT 4839 CORTLAND DR Page 7 6-16 EXHIBIT A PROJECT PLANS AND SPECIFICATIONS REIMBURSEMENT AGMT 4839 CORTLAND go rt t5eacnPage A-1 6-17 apPaRi"` N COSTA MESH C ocfµ PROJECT SITE Ana/ ` VI „INITY MAP rl OT TO SCKJ SYMBOL ABBREVIATIONS DN ADDI ION Ta w I-3.2) O "NO CONNECTORS' AB AGGREGATE BASE O POwER POLE ARV ACP AR RELIEF VALVE ASBESTOS CEMENT PIPE ® SEWER CLEANWT AC BC ASPHALT CONCRETE BEON CURVE ' m SEWER MANHOLE BAR BEpN CURVE RETURN BE VERTICAL CURVE ® STORM GRAN MA N— B BLOCK VA NICK 'IRE HYDRANT CAI GGAS GABLE TV ROE WRIER METER C CNB CL GE CITY OF UNE OF xEVPORi BEACH CLASS m STREET LIGHT PULL BOX TRAFFIC SIGNAL PULL BO% CUR CLEAR CURBURB AND CUTTER STREET LIGHT Dip DIP E DUCTILE IRON PIPE EAST/ELECTRIC WATER vKLE EC Ed END CUR c ECURVE RETURN (- GUY WIRE EVC E%HST ENO. VERTICAL CURVE FL" %I n SURVEY MONUMENT FLG FE A NGE FLANGED END SIGN L FL OW UNE ® —LT VENT F. FOE FORME MAZE U CE ME END GAS I CV GTE VALVE IIIRRIGATION CONTROL VALVE GB GE GRADE SPEAK ROOLSD END CARTV PULL BOx PRT IRON PIPE D TAG 0 CORING LOCATION HM MIX ASPHALT LEFT TAN ELECTRICAL uPNXOLE MA' uEUM - MEGn'MnxICAI m / ELECTRICAL ELECTRICAL PULL BOX BUILDING E%USTINC „C NAOU GROUND NOT To SCALE — CONSTRUCTION PRD+ERTY LINE x0 OG PE ER nUGBNP OEI K GROUND PW END NEW CONSTRUCTION PROP P PE POSED ROP PULL BOX -C--- CEETERUNE RCP REINFORCE CONCRETE PIPE -W--- - SEWED LINE WATER LIKESCF RET RT S RETAINWC RIGHT SCHEDULE SEWER --�--- —E— GAS UNE ELECTRICAL LINE SCO EMH SHT SEWER CLEANOUT SEWER MANHOLE SHEET — T — TELEPHONE LINE Sw SIDEWALK SOUTH — — CABLEVSION LINE SCE SO SOUTHERN CALIFORNIA EDISON SQUARE —9'—_ SPRINKLER SYSTEM SILSTEEL LE HONE -K-x-K- i FENCE BLOCKWALL VC W/ TPUFIED CLAY PIPE WEST /WATER IN PUBLIC WORKS DEPARTMENT CAMEO HIGHLANDS BACKUP WATER SUPPLY IMPROVEMENTS 1 '�I �I II APPROVED: / /F/� l A / Vl. � ; DATE. 2- DAVID A. WEBS. P.E., UBLIC WORKS DIRECTOR •_ APPROVED: Av'r of I(DATE: LS S .H000NAN, P.E., EPUTY PWD J CITY ENGINEER 1 - o g,U C-102 -I CORTLAND DRIVE JCOAST HIGHWAY EAST I �'� 'f A. G' a 13r ,1 MR LOCATION MAP NOT TO SCALE CONSTRUCTION NOTES O INSTALL W RESILIENT WEDGE GATE VALVE. CLASS ISO (FLG.MJ) WITH VALVE BOX AND RISER PER CITY STD-512. 516-C AND 511 O REMOVE AND REPLACE EXISTING WATER MAIN MTH NEW 8' DIAMETER C-900 PVC WATER MAIN (SOR-14) PER CITY STD-106-A k B. O SREME wE EXISTING VALVE. SALVAGE AND RETURN TO UTILITIES DNSION AT 949 W. 16TH DRI O REPLACE ND.EPROTECT IN PLACEGOVOIETPAVEMENT L ADJACENT PAVERSAS SSARY TO FACILITATE CONSTRUCT.. /O� REPLACE HMA PAVEMENT PER CITY STD-106-B. lJ CONSTRUCT 0-I1CH DIAMETER C-90D PVC WATER MAIN (SOTS -IA) PER Ott STD -I% -A AND OT 54'. DA' VALVE VAUL. CONSTRUCT SIMILAR TO CITY STO-520, PC— VAULT LID TO MATCH EXISTING SLOPES PROVIDE SPRING ASSISTED, HINGED. ALUMINUM DOUBLE DOOR, EOVAL TO VAULT SIZE �BO RELOCATE EXISTING FIRE HYDRANT PER CITY STO-50L \^l INSTALL W DUCTILE IRON TEE FE.FE. 1® CITY TO REMOVE (E) TREES. 11 STD. B0.SIDEWALK TO EXTENTS NECESSMY TO FACILITATE CONSTRUCTION. REPLACE PER CITY Q REMOVE CURB AND CUTTER TO E%TNECESSARY TO FACILITATE CONSDAUCTONAEPLACE EENT$ R CITY STD-18Y MATCH EXISTING CURB TYPE. 10 REMOVE CONCRETE CROSS GUTTER TO EXTENTS NECESSARY TO FACILITATE CONSIRUCTIOV, EPLACE PER CITY STD-— PROVIDE DOWELS AND EXPANSION JDNT WHERE A 11G EXISTING GUTTER. O CONSTRUCT THRUST BLOCK PER CITY SM-516-1 15 INSTALL 8" DUCTILE IRON ADAPTER (FE^MJ). 1B INSTALL 0" FLEXIBLE TRANSITION COUPLING. Q EXISTING 8" AC WATER PIPE. Q REMOVE INTERFERING PORTIONS OF EXISTING PIPE. lO9 ABANDON IN PLACE. REMOVE AND DISPOSE OF VAULT. INTERIOR VALVES. PIPING AND APPURTENANCES ©1 INSTALL B' 45' DUCTLE IRON ELBOW, MJWJ. © INSTALL B%10" DUCTILE IRON REDUCER, FLG.uJ. ®3 INSTALL 8" 45" DUCTILE IRON ELBOWS,FLG,hMJ. PROTECT ix PUCE. CUT AND PLUG WHERE INDICATED WIN CONCRETE (MINIMUM 18') AND ABANDON IN PLACE. ®8 INSTALL 1W FLEXIBLE TRANSITION COUPLING. © INSTALL ID C.I. PLUG AND THRUST BLOCK PER CITY STD-509. ®B PROTECT IN PLACE BRICK AND CONCRETE WALKWAY. CONSTRUCT I0-INCN DIAMETER C-900 PVC WATER MAIN (SOR-14) PER CITY STD-106-1 AND B. ® EXISTING IT AC WATER PIPE, ©1 B-INCH DIAMETER VAULT VENT (2 TOTAL) PER CITY STD-520 A ® EX END SIDEWALK TO CURB. WIDTH OF EXTENSION TO BE EOUAL WON OF VAULT UNLESS THERWSE DIRECTED BY CITY. 33 EXISTING GAS LINE, PROTECT IN PUCE. ® EXISTING SHEET LIGHT CONDUIT. CITY TO CONRRM IF RELOCATION IS REWIRED, IF REWIRED. R ELDCATE OUNO AU T PER CITY STD-205 AND 206. 35REMOVE AND DISPOSE OF APPROXIMATELY 30 LINEAL FEET OF EXISTING 10' AC WATER PIPE. REM- 1X COORDINATE REMPROPERTY OWNERS. GENERAL NOTES I. CALL WORK DETAILED ON DESE PLANS TO BE PERFDEMED UNDER CONTRACT SNALL BE ACTED IN ACCgroANCE NM TIE "STANDARD SPECIFCATNS FOR PUBLIC WORKS CMSIRUCTOf, 2415 EDDON AND SUPPIENENTS TO GATE. EXCEPT AS OMERYxSE STATED tN 1HE Gtt5 STANOMD SPECIAL PRONSIpvS. OR IN MIS COARACi'S SPECK PRoV.— 2, EXISTING UNCEFORGU O UTUTIES PRE SHOW, AS PER A-LABLE RECORDS. THE - ES SHALL BE RESPONSIBLE FDA VERIMNG THE AGNAL LOCATION AND REVATON In THE REUD PRIOR TO BC."NG CONSTRUCTION. 1. INND II PROVENERE EXTS$1UN ESSSNOi D CONFORM SEN GAME, C0.Dt DMENSIM, AND Fln15H TO ALL EXPG II�tPROKII AU SUPNOTED OtN�EADUEWDME W GRADE. LDR. NSCH. AND FINISH R, 5. C012TRACTDt SHALL ROUST CITY URLITES (A9. WATER VAULTS. WATER VALUER NISHG. SURVEY CITY STANDARDS ALL oN..1uT. 9�A1'L BBEESbR SITE. TO GRADE BY _T EO GRACE PER PROPOSED AH ANUSS ND CURB OTEDNEERM D O`O'x AND MATCH LUE AND CRME OF J EANY 105 P VOANCDISCREPANCY IN THE DRAMNGS OR SPECIRCATONS SHALL BE CALLED TO ME ATTLNTON OF THE ENGNEER. FAILURE TO W SO WLL PLACE RESPONSBIUTY OF THE CONIMCTIR FOR CWRECD. B. MY WGIRK NOT INDICATED ON E ONAwxG9 BUT CALLED FOR IN ME SPEDFCATO'NS OR _VERSA,FFI„ �1M1� ANY AND PSTALLCAFDF nCCDRDO'NO'G i0 oMW'INS A �Ea°IGnans OR MOINANCES AND HAWS SHALL BE REPLACED AT CONTWCTM'S EXPENSE. 9, THE CONIRACT�R SINK —1 IN AND LOCATION OF ALL WATER CONNECTION PORTS PRIDE TO CWMENCEMENT OF CONSTRUCTOR. G. CMTRACTOR TO REDUCE IRRIGATION AND ELECTRICAL FAGU1IES DAMAGED OR REMOVED DURING G'DON. IT CW1RMTOR TO REMOVE AND REPLACE LANDSCAPING AS REWIRED TO FACILITATE CONSTRUCT— SHEETINDEX SHEET DESCRIPTION No. 1 TITLE SHEET 2 PLAN SHEET AND CONNECTION DETAILS 3 PLAN SHEET AND CONNECTION DETAIL ® REMOVE AND DISPOSE OF EXISTING 10' AC WATER PIPE TO APPROXIMATE LIMITS SHOWN, COORDINATE REMOVAL IN PROPERTY OWNER TO OCCUR DURING CONSTRUCTION OF NEW ETAINING WALLS. ® INSTALL 6"1 C9G0 PVC PIPE ®8 INSTALL B" SOW, K-FLOW BUTTERFLY VALVE, FE.FE Q INSTALL 8" CLA-UAL W-15 CHECK VALVE WITH POSITION INDICATOR, DUCTILE IRON BODY VBN 316 STAINLESS STEEL INTERNAL AND EXTERNAL TRIM AND EPDXY COATED BODY. OD INSTALL 8" 9W D.I.P. ELBOW. MDM /.1 DUCTILE IRON FLEX COUPLING, FORD, ROUAC, DRESSER OR APPROKO EOUAL. INSTALL �l 1AINLESS STEEL TIE BACKS TO NEAREST FLANGES, OCLASS 52. MORTAR LINED DIP SPINDLE PIECE (FOE) 54" LONG. FABRICATE IN HARNESS LUGS .1 DRESSER O CLASS 52, MORTAR LINED, DIP SPINDLE PEKE (FOE). OCLASS 52. MORTAR LINED, DIP SPINDLE PEICE (FOE). FABRICATE IN HARNESS LUGS IN DRESSER. EMERGENCY TELEPHONE NUMBERS 2 SOUERNCAUFORNIA GAS COMPANY OUMENn CKIFOPNIA ED50.N COMPANYA TELEPHONE COMPANY C OF NEWPORT BEACH UTLITIES DEPARTMENT 0 ANGE COUNTY SANITATION DISTRICTTIME -SOLI s-ST1> 6`(9A9) Ba pi WARNER CABLE COX COMMUNICATIONS 542-6222 - GALL TO FREE t-800-227-2600 BEFORE YOU DIG ��� �R LEL.9 k @ - m k iiR"°`°""' I.E.BGUTIVE PARK SUITE 2m o�a,.,u. �W 111112,D.m5e MwwK REmIMDam NPROMK IECDNwmEp I I - CAMEO HIGHLANDS BACKUP WATER SUPPLY IMPROVEMENTS TITLE SHEET BENCHMARK: N/A NRK—",f w�or:YCP.E rWEcnR uwn¢DwPPTMExr DATE2Y-Ll-Ll ,EN/AmRI�P.E /AmST�i aTr wGrFmGTr waNEm Gsle -14-Z CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT W-5397-S SHEET J OF 3 I CORTLAND DRIVE III sstNC 551!v: ....._551]v. II Ili J511K SEE CONNECTION DETAIL'A' y 114A \\ 3 \ I 1)BEE CONNECTION DETAIL 'ET `III-[?'r I � J- 3t' II ImI 1;4 4 I. �31 - j ❑ g 2 O SITE PLAN i B 1021 SCALE 1 CONSTRUCTION NOTES (1) INSTALL 8 RESILIENT WEDGE GATE VALVE CLASS 0(FLGxMJ) W Wt TH VALVE BOX AND RI BE R PER CITY S T-1 2 SI6-C AND 513, (2) REMOVE AND REPLACE EXISTING WATER MAIN WITH NEWS of DIAMETER CB00 PVC WATER MAIN(SDR-14)PER CITY STD-106-A ❑ (3) 8 B. Q RE MOVE EXISTING VALVE, SALVAGE AND RETURN TO UTILITIES Z DIVISION AT 949 W. 16TH STREET. `) REMOVE CONCRETE PAVEMENT PANELS (6-x AS NECESSARY = TO FACILITATE CONSTRUCTION. REPLACE IN KIND, PROTECT IN PLACE ADJACENT PAVERS. (5� REPLACE HMA PAVEMENT PER CITY STD-106-B. (6) IAINCHDIAMETER C-900 PVC WATER MAIN (SDR-14) W PER CITY STDN AND E. (j) 54 'x 841 VALVE VAULT CONSTRUCT SIMILAR TO CITY STD-- U UJUST VAULT LID TO MATCH EXISTING SLOPES. PROVIDE SPRING ASSISTED, HINGED, ALUMINUM DOUBLE DOOR, EQUAL TO VAULT SIZE, PROVIDE VAULT APPURTENANCES AND PIPING REQUIREMENT$ AS SHOWN ON CITY STD 520. (8) RELOCATE EXISTING FIRE HYDRANT PER CITY STD-501. (9) INSTALL 8" DUCTILE IRON TEE FE.- (10) CITY TO REMOVE (E) TREESR . CJ MOVE SIDEWALKE TO FACILITATE CONSTR REPLACE PER CITY S*DSAR BOY C) REMOVE CURB AND GUTTER TO EXTENTS NECESSARY TO FACILITATE CONSTRUCTION RE—CE PER CITY ST1182 MATCH EXISTING CURB TYPE. ' REMOVE CONCRETE CROSS GUTTER TO EXTENTS NECESSARY TO FACILITATE CO T NS RUCTION. REPLACE PER CITY STD-185. PROVIDE DOWELS AND EXPANSION JOINT WHERE ADJOINING EXISTING GUTTER. 1 CONSTRUCT THRUST BLOCK PER CITY ST651 GA. ( INSTALL 8' DUCTILE IRON ADAPTER(FE.MJ). U INSTALL 8- FLEXIBLE TRANSITION COUPLING, (I � E%ISTINGSACWATERPIPE . 331 6-INCH DIAMETER VA JLT VENT G TOTAL) PER CITY STD-528 A. �1 EST END SIDEWALK TO CURB. WIDTH OF EXTENSION TO BE - EOUAL WIDTH OF VAULT UNLESS OTHERWISE DIRECTED BY CITY. EXISTING GAS LINE PROTECT IN PLACE `3f EXISTING STREET LIGHT CONDUIT CITY TO CONFIRM IF RELOCATION IS REOUIRED IF REQUIRED, RELOCATION AROUND VAULT PER CITY STD-205 AND 206. (3 INCTALL 6 C C900 PVC PIPE (33) INSTALL 8504AKFLO BUTTERFLY VALVE FEIFE (jy\ INSTALLS CLA-VAL MODEL 8118 CHECK VALVE WITH POSITION - INDCATOR DUCTILE IRON BODY WITH 316 STAINLESS STEEL INTERNAL AND EXTERNAL TRIM AND EPDXY COATED BODY (4p) INSTALL 6. EC- DUCTILE IRON ELBOW, M—E C) DUCTILE IRON FLEX COUPLING, FORD. ROMAC, DRESSER OR APPROVED EQUAL. INSTALL STAINLESS STEEL TIE BACKS TO NEARESTFLANGES. `j CLASS 52. MORTAR LINED DIP SPINDLE PIECE (FOE) 54- LONG. FABRICATE WITH HARNESS LUGS WITH DRESSER. /�l l % CLASS 52. MORTAR LINED. DIP SPINDLE PIECE (FOE). () CLASS 52 MORTAR LINED DIP SPINDLE PIECE (FOE) FABRICATE WITH HARNESS LUGS WITH DRESSER. LEGEND L� N.W nt.inilrnl rvi I CORTLAND DRIVE 14 16 3, 6 6 It51 1 .6 / "0 — — — 1 (E) CONCRETE CRC5 GUTTER f2 � L CONNECTION DETAIL A o 3- B' SCALE 1' = 3' qND GUTTER (E)V s � V4iI W �t2 ❑ 1 .11'. � 7E4 ❑ Z I 391 _ � 4 O I 38 W '321 6 31y 42I U 4 9i \ 14 _ — EXTENTS OF CONCRETE REHAB (E)---� - \ - 1 I --CONTRACTOR TO CONFIRM LOCATION OF VAULT I _ 0 AND RELOCATED FIRE HYDRANT WITH CITY IN FIELD ���/� tkiinCL COM1LHI it rnrtr._ J `4 CONNECTION DETAIL e SCALE. 1" CAMEO HIGHLANDS BACKUP WATER __ ,,,�_-/ /n SUPPLY IMPROVEMENTS mk;� tT >�/ �� � - �`ea A -�,-�- PLAN SHEET AND CONNECTION DETAILS CITY OF NEWPORT BEACH W-5 iuv cn s:eln i�tllnnl:la orw --- PUBLIC WORKS DEPARTMENT 6-19 GARRE17 '+,I I FXISTINGCCT"ETE CONCRETE CROSS DRIVE •30 ( CURB INLET GUTTER (E) - CORTLAND DRIVE 5 I '24' t6` I I I SEE CONNECTION pETgIL C, I THIS DRAW4NG Izl 1 I u I I I 1 28� I I, I I I I \�15I ^ I I COAST HIGHWAY EAST I I SITE PLAN SCALE t -10 CONSTRUCTION NOTES Q5 REPLACE HMA PAVEMENT PER CITY STD-106-B. C) NN BTRUCT 8-INCH DIAMETER C-WS PVC WATER MAIN (SOR-14) PER CITY STD-106-A 1O4 CONSTRUCT THRUST BLOCK PER CITY S-51GA. 16 INSTALLS FLEXIBLE TRANSITION COURJNG. EXISTING a AC WATER PIPE. 1B RE MOVE INTERFERING PORTIONS OF EXISTING PIPE. 18 ABANDON IN PLACE. 20 REMOVE AND DISPOSE OF VAULT, INTERIOR VALVES, PIPING AND APPURTENANCES ©t INSTALL B-45- DUCTILE IRON ELBOW. MJ.MJ. INSTALL 6"xi0• DUCTILE IRON REDUCER. M.MJ. INSTALL 6. 45-DUCTILE IRON ELBOWS•FEJYMJ. 'D4 PROTECT IN PLACE. Q CUT AND PLUG WHERE INDICATED WITH CONCRETE (MINIMUM 16-) AND ABANDON IN PLACE. 026 INSTALL 10- FLEXIBLE TRANSITION COUPLING. © INSTALL -C.I. CAP AND THRUST BLOCK PER CITY STD-0. ®8 PROTECTINPLACEBRICK AND CONCRETE WALKWAY. ) CONSTRUCT 10-INCH DIAMETER -8 PVC WATER MAIN (SDR-14) PER CITY ST-0- AND B. 30 EXISTING - AC WATER PIPE, REMOVE AND DISPOSE OF APPROXIMATELY 3D LINEAL FEET OF EXISTING I D-AC WATER � PIPE. COORDINATE REMOVAL WITH PROPERTY OWNER. 3 REMOVE AND DISPOSE OF EXISTING AC WATER PIPE TO APPROXIMATE LIMITS SHOWN. COORDINATE REMOVAL NTH PROPERTY OWNER TO OCCUR DURING CONSTRUCTION OF NEW RETAINB4G WALLS, EXISTING 10- LEGEND LU > 1 O NEw AC PA ENI 130� vE rvEw PCC REPEALS CONLREtE PAVERS 10I--�� 10• is 1- 10' mk©i, -_ RVIRE e 'ARK SurtE 9xol tq xlxer5u 8�1 EXISTING CONCRETE CURB INLET .� \ EXISTING CONCRETE \`I• 5.. CURBAND GUTTER COD RTLARIVE 2s It ]1 251 114 M y 119 N1 I CONNECTION DETAIL C SCALE V 4 CAMEO HIGHLANDS BACKUP WATEF SUPPLY IMPROVEMENTS AEg ro�w.1 ,, z; 6-••— PLAN SHEET AND CONNECTION DETAIL Ma CITY OF NEWPORT BEACH W IL PUBLIC WORKS DEPARTMENT 6-20 EXHIBIT B INSURANCE REQUIREMENTS Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. REIMBURSEMENT AGMT 4839 CORTLAND DID rT tileamPage B-1 6-21 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required REIMBURSEMENT AGMT 4839 CORTLAND Do rT t3eacn Page B-2 6-22 by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non- compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self - insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self - insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such REIMBURSEMENT AGMT 4839 CORTLAND Do 11beam Page B-3 6-23 notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. REIMBURSEMENd r4839 CORTLAND D 6-24 INSURANCE GROUP Ems- Cy M RCO MULTIPLE OBLIGEE RIDER TO BE ATTACHED TO AND MADE PART OF BOND NO. 0833434 The names of Qy ofNewport Beach shall be added to said bond as named co -obligees. The Principal and Surety shall not be liable under this Bond to the Obligees, or any of them, unless the said Obligees, or either/any of them, shall make payments to the Principal, or in the event of Principal's abandonment of the project or default, to the Surety, strictly in accordance with the terms of the bonded Contract. In the event the Principal is declared in default and terminated, it is expressly understoodas a condition of the Surety's liability that the Surety shall receive from the said Obligees, or either/any of them, the remainder of thesum set forth in the Contract not yet disbursed to the Principal at the time of default. it Is furthermore understood as a condition of the Surety's liability thateach and all of the Obligees shall perform all obligations to be performed under the Contract at the time and in the manner therein set forth. All defenses which the Surety may have arising out of the acts or omissions ofany of the Obligees named herein shall constitute with equal force a defense to any claims presented hereunder by the other Obligees named herein. in no event shall the Surety be liable in the aggregate to the Obligees for more than the penalty of its Performance Bond, nor shall it be liable except for a single payment for each single breach or default. At the Surety's election, any payment due to any Obligee may be made by its check issued jointly to all Obllgees.The Surety, upon making any payment hereunder, shall be subrogated to, and shall be entitled to an assignment of, all rights of the payee, either against Principal or against any other party liable to the payee in connection with the loss which is the subject of the payment. Signed and Sealed this 16th day of March 20 23. Attest IObligeel The Dhany & Denise Nathie Family Trust by (Corporate Seal) (print name and title) Attest [Additional Obligeel City "Newport Be' ch by (Corporate Seal) v Lev & Inayy- (print name and title) Attest [Additional Obligee] by (Corporate Seal) (print name and title) Attest _. Harcp NationallLpsuWce Company by (Corporate Seal) Mic ell D. Stong, 1110 Attorney i act APPROVED AS TO FORM: ATTACH NOTARY ACKNOWLEGEMENT FOR EACH SIGNAL.._ CITY ATT RNETS OFFICI Attest: vv- 3"3 6-25 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of bRAr4c,a: } ss. On M AR-c.A4 31 20 23 before me, , eNmFEg2 tan►N /YIyweY Notary Public, personally appeared NOT-AM-c PV C , who proved to me on the basis of satisfactory evidence to be the person(s4 whose name(s)—is/aye subscribed to the within instrument and acknowledged to me that 4@4she/they executed the same in Iais/her/tom authorized capacity(4*, and that by .14ir�er/t4e4r signatures(-) on the instrument the person(4, or the entity upon behalf of which the person(.6) 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. ENNIFER aNN MUIVEy �\ Yotary Ouplic - California Orange County Commission d 2375299 My Comm, Expires CC' 12. 2OZ5 (seal) City of Newport Beach s,s ACKNOWLEDGMENT A no public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 16 2023 before me, R. Nappi "Notary Public" (insert name and title of the officer) personally appeared Michael D. Stong 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, 16.e:k.i0� E"R& R. NAPPI Notary Public - California z '- Riverside County 151 n A i� m Commission a 2327975 p Signature My Comm. Expires Jun 7, 2024 (Seal) ��rrL�c�cc��trr� City of Newport Beach 6-27 POWER OF ATTORNEY Bond No. 0833434 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of [AT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA LIBERATORE, BEN STONG, ADRIAN LANGRELL, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI Orange, CA their true and lawful aftomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 201 a. `RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2021 T1ii STATE OF NEW JERSEY fc STATE OF ILLINOIS County of Essex County of Cook s teN4 SEAL ib Kenneth Chapmanri"'j Executive Vice President, Harco National insurance Company ' ... •''`�i. and International Fidelity Insurance Company On this 31 st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. " "Ot E q r'''� � IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, �•''Q,���%E;o'o••�G �'• New Jersey the day and year first above written. co osa9F `d't ,'�,, Shirelle A. Outley a Notary Public of New Jersey CERTIFICATION My Commission Expires April 4, 2023 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, March 16 2023 A00835 City of Newpon—L.,tr-- Martins, Assistant Secretary 6-28 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT This bond was issued in three (3) original counterparts Performance Bond CONTRACTOR: GCI Construction, Inc. 1031 Calle Recodo, Ste. D San Clemente, CA 92673 OWNER: The Dhany & Denise Nathie Family Trust 7287 Arcadia Drive Huntington Beach, CA 92648 CONSTRUCTION CONTRACT Date: 02/06/2023 Bond Number: 0833434 Premium: $3,842.00 SURETY: Harco National Insurance Company 2400 E. Katella Ave., Suite 250 Anaheim, CA 92806 Amount: $280,880.45 Two Hundred Eighty Thousand Eight Hundred Eighty And 45/100 Dollars Description: Cameo Highland & Courtland Drive Waterline Replacement Job/Contract No.: BOND Date: 02/09/2023 (Not earlier than Construction Contract Date) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Amount: $280,880.45 Two Hundred Eighty Thousand Eight Hundred Eighty And 45/100 Dollars 1Niodifications to this Bond: ®None El See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) GCI Construction, Inc. Harco Nati al Insuran e mpany Signature: Signature: Name Name Nfic aA D. Stong And Title: G' 4rQ and Title: Atto ney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Commercial Surety Bond Agency (Architect, Engineer or other party :) 4850 Arlington Avenue Riverside, CA 92504, (951) 343-0382 By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.ors) makes this form document available to its members, affiliates, and associates in t Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. ding and c s t ions t original text or by users S re epreview of its wordin and c s tililtYthn or 1— f it co i 1 cce tance. 6-29 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 02/10/2023 before me, Ahmad Iftikhar, Notary Public (insert name and title of the officer) personally appeared Alan Aristondo 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.'•..••••••s•••••••••••••••••••••••••••y AHMAD IFrIKHAR a comm.#2298737 .'>m • tZ NOTARY PUBLIC • CALIFORNIA 9 Z ORANGE COUNTY My Commission Expires 07/26/2023 Signature (Seal) w■■■■oops uuun■■u■■......� City of Newport Beach 6-30 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside ) On 02/09/2023 before me, R. Nappi , Notary Public (Insert name and title of the officer) personally appeared Michael D. Stong 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. R. NaAPPi Notary Public • California g Riverside County Signature (Seal) $' Commission N 2327975 I �,iF00.H�r My Comm. Expires Jun 7, 2024 City of Newport Beach s„ § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 if there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 when the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: S 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it maybe liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. S 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7 if the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.ors) makes this form document available to its members, affiliates, and associates in t Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequer rifip,a�tis be made to th%orgjte o�docurl�erby,{a�er�sreful review of its wording and c nsuitation ith n ttorney are encouraged o is ompletionJ„ex o r cceptance. 6-32 8 if the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. S 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. S 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and associates in t Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subseque cH ations ma efo he origin to of ' doh e b er s reful review of its wording and c s tlt�Y th glttttoi ! er i befo t omple i y e 'o ra cceptance. 6-33 (Space is provided below for additional signatures qfaddedparlies, other than those appearing ora the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and associates in t Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. 6-34 STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY Bond No.0833434 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA LIBERATORE, BEN STONG, ADRIAN LANGRELL, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI Orange, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2021 ,.' �,tNSVq'• ; mooOPON r� t __= SEAL jo ;OS 1984 �6~<CINly o��*�aa On this 31st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. E A f"I"� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, .•• - o: New Jersey the day and year first above written. ' of 7 ?pTA y p 5001 Shirelle A.Outley a Notary Public of New Jersey fill % My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, February 9th _ 2023 A00835 City o f Newpuil Ben 35 Irene Martins. Assistant Secretary THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT This bond was issued in three (3) original counterparts Payment Bond CONTRACTOR: GCI Construction, Inc. 1031 Calle Recodo, Ste. D San Clemente, CA 92673 OWNER: The Dhany & Denise Nathie Family Trust 7287 Arcadia Drive Huntington Beach, CA 92648 CONSTRUCTION CONTRACT Date: 02/06/2023 Amount: $280,880.45 Two Hundred Eighty Thousand Eight Hundred Eighty And 45/100 Dollars Description: Cameo Highland & Courtland Drive Waterline Replacement Job/Contract No.: BOND Date: 02/09/2023 (Not earlier than Construction Contract Date) Bond Number: 0833434 SURETY: Harco National Insurance Company 2400 E. Katella Ave., Suite 250 Anaheim, CA 92806 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Amount: $280,880.45 Two Hundred Eighty Thousand Eight Hundred Eighty And 45/100 Dollars Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) GCI Construction, Inc. Harco National Insura e ompany Signature: Signature: Name Name Mic ae D. Stong and Title: and Title: Att ey-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Commercial Surety Bond Agency (Architect, Engineer or otherparty :) 4850 Arlington Avenue Riverside, CA 92504, (951) 343-0382 By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format t for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the j *tF tbrecution ment by users, so careful review of its wording and Asultation with an attorney are encouraged t lor acceptance. 6-36 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 02/10/2023 before me, Ahmad Iftikhar, Notary Public (insert name and title of the officer) personally appeared Alan Aristondo 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. agog Islip Rollie �.....................• AHMAD IFTIKHAse R COMM. #2298737 z NOTARY PUBLIC - CALIFORNIA ± <m ORANGE COUNTY My Commission Expires 07/26/2023 Signature .2 (Seal) ".........11loseallbe ..�............: City of Newport Beach 6-37 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside ) On 02/09/2023 before me, R. Nappi , Notary Public (Insert name and title of the officer) personally appeared Michael D. Stong 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. R. NAPPI Notary Public • California z r - Riverside County Commission It 2327975 Signature &1AQ4 (Seal) FOR"T My Comm, Expires Jun 7, 2024 ' City of Newport Beach s,a 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a cop}' to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. S 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any' obligations to Claimants under this Bond. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.ors)makes this form document available to its members, affiliates, and associates in Microsoft Word format t for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document 6y users o Itation with an attorne areencouraged beore its completion, execution or accePbEft 8clra y 6-39 § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. S 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. S 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a muumum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a cop}' of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 .Modifications to this bond are as follows: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.or) makes this form document available to its members, affiliates, and associates in Microsoft Word format t for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, executionor acceptance. 6-40 (Space is provided below.for additional signatures o_ f added parties, otber than tbose appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: .Address: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format t for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. 6-41 STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY Bond No.0833434 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA LIBERATORE, BEN STONG, ADRIAN LANGRELL, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI Orange, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2021 Samo4a oavoair �Yn r• : ma's F zi SEAL 10 ;O% 1994 u . ti<C1N0�9 On this 31st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ..%%ttll a I11"i , IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, A •0G�'. New Jersey the day and year first above written. • o ii •� °ASpp7991� � �� \J �W (7� • Shirelle A. Outley a Notary Public of New Jersey #fill"�� CERTIFICATION My Commission Expires April 4, 2023 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been r::voked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, February gill, 2023 A00835 City V f New [ r Irene Martins, Assistant Secretary - 2 EJ GRoupINSURANCE Su,ery Krryv,,, �gxas MULTIPLE OBLIGEE RIDER TO BE ATTACHED TO AND MADE PART OF BOND KO. 0833434 The names of City of Newport Beach shall be added to said bond as named co -obligees. The Principal and Surety shall not be liable under this Bond to the Obligees, or any of them, unless the said Obligees, or either/any of them, shall make payments to the Principal, or in the event of Principal's abandonment of the project or default, to the Surety, strictly in accordance with the terms of the bonded Contract. In the event the Principal is declared in default and terminated, it is expressly understood as a condition of the Surety's liability that the Surety shall receive from the said Obligees, or either/any of them, the remainder of thesum set forth in the Contract not yet disbursed to the Principal at the time of default. it Is furthermore understood as a condition of the Surety's liability that each and all of the Obligees shall perform all obligations to be performed under the Contract at the time and in the manner therein set forth. All defenses which the Surety may have arising out of the acts or omissions of any of the Obligees named herein shall constitute with equal force a defense to any claims presented hereunder by the other Obligees named herein. In no event shall the Surety be liable in the aggregate totheObligees for more than the penalty of its Performance Bond, nor shall it be liable except for a single payment for each single breach or default. At the Surety's election, any payment due to any Obligee may be made by its check issued jointly to all Obligees.The Surety, upon making any payment hereunder, shall be subrogated to,and shall be entitled to an assignment of, all rights of the payee, either against Principal or against any other party liable to the payee in connection with the loss which is the subject of the payment. Signed and Sealed this 16th day of March Attest Attest Attest Attest 20 23. 10bligeej The Dhany & Denise Nathie Family Trust by (Corporate Seal) t lii�l� IS I L t IY) �CZ 1� (.� Jnt name and title) (Additional Obligee] City of Newport Beach by (Corporate Seal) (print name and title) [Additional Obligee] by (Corporate Seal) (print name and title) Harep National�psurpce Company b Li(Corporate Seal) el D. Stong, Attorney i V act ATTACH NOTARY ACKNOWLEGEMENT FOR EACH SIGNATURE 6-43 iii�iiii INSURANCE GROUP Y..ty 1-A-ac9 MULTIPLE OBLIGEE RIDER TO BE ATTACHED TO AND MADE PART OF BOND NO, 0833434 The names of City of Newport Beach shall be added to said bond as named co -obligees. The Principal and Surety shall not be liable under this Bond to the Obligees, or any of them, unless the said Obligees, or either/any of them, shall make payments to the Principal, or in the event of Principal's abandonment of the project or default, to the Surety, strictly in accordance with the terms of the bonded Contract. In the event the Principal Is declared in default and terminated, It is expressly understood as a condition of the Surety's liability that the Surety shall receive from the said Obligees, or either/any of them, the remainder of thesum set forth in the Contract not yet disbursed to the Principal at the time of default. It is furthermore understood as a condition of the Surety's liability that each and all of the Obligees shall perform all obligations to be performed under the Contract at the time and in the manner therein set forth. All defenses which the Surety may have arising out of the acts or omissions ofanyofthe Obllgees named herein shall constitute with equal force a defense to any claims presented hereunder by the other Obligees named herein. in no event shall the Surety be liable In the aggregate to the Obligees for more than the penalty of Its Performance Bond, nor shall it be liable except for a single payment for each single breach or default. At the Surety's election, any payment due to any Obligee may be made by its check issued Jointly to all Obligees.The Surety, upon making any payment hereunder, shall be subrogated to, and shall be entitled to an assignment of, all rights of the payee, either against Principal or against any other party liable to the payee in connection with the loss which is the subject of the payment. Signed and Sealed this 16th day of March 20 23. Attest (Obligee( The Dhany & Denisc Nathie Family Trust by (Corporate Seal) Attest (print name and title) (Additional Obligee) City �Newporl Be Ch by (Corporate Seal) Lev &fL, vxa viaw Attest (p nt name and title) (Additional Obligee] by (Corporate Seal) Attest (print name and title) Hare National sur ce Company by (Corporate Seal) Mi el D. Stong, '' Attorney APPROVED AS TO FORM: a CITY A7T FWETS OFFICEATTACH NOTARY ACKNOWLEGEMENT FOR EACH SIGNA i.� _ > '/iruQn G, IYarity7utorney Attest, e� / City Clerk �41F0nN`r '6:�1,1023 .. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On 6liqY(�_ ZL0 1-3 before meJqk ReV a X" (in ert'name �and title of the officer personally appeared who proved to me on the basis of atisfactory evi ence to be the sonke)'whose name i are Zsr)son, bscribed to the within instrument and acknowle d to me th"she/they executed the same in er/their authorized capacity i , and that by is/ er/their signature�sf on the instrument the �J, or the entity upon behalf of which the personKacted, 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 SwCornmEx i5A61 A,:RAI GorMM423344MNotary Public•California Orange Countypires Sep 27, 2024 . (Seal) City of Newport Beach 6-45 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 16, 2023 before me, R. Nappi "Notary Public" (insert name and title of the officer) personally appeared Michael D. Stong 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. " ■LrtiF r R. NAPPI Notary Public - California m Riverside County � Commission # 2327975 it ✓ µy Comm. Expires Jun 7, 2024 '1 Signature (Seal)sa+G�Cyi�*7+W City of Newport Beach r*117111- ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of. ORAr4(06: } ss. On W sWQ-c-4 31 20Z3 before me, ieNNIFEQ2 Ajyjj MyLvL, Notary Public, personally appeared /Vorpm-1 Pvg`%'c , who proved to me on the basis of satisfactory evidence to be the person(64 whose name(+4-is/aye subscribed to the within instrument and acknowledged to me that 4&e she/they executed the same in his/her/t4oif authorized capacity(4ws , and that by .bis�her/their signatures(s) on the instrument the person(s}, or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �NIFER ANN MU:LVrY !!! Votary aublic California Orange County Commission d 2175Z99 ay Comm . '_spires Oa (seal) City of Newport Beach s.,, POWER OF ATTORNEY L)""" INUI "°"`"`` HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA LIBERATORE, BEN STONG, ADRIAN LANGRELL, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI Orange, CA their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. 'RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2021 1N$(/ STATE OF NEW JERSEY STATE OF ILLINOIS •`'pfi'~�`'� County of Essex County of Cook SEAL Kenneth Chapman �.i��''•'�) Executive Vice President, Harco National insurance Company and international Fidelity Insurance Company On this 31 st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. A. J., �. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, �Q..,.••; New Jersey the day and year first above written, i co `ga° to i. q to Shtrelle A. Outley a Notary Public of New Jersey CERTIFICATION My Commission Expires April 4, 2023 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, March 16 2023 A00835 City of Newport Bp-. Irene Martins, Assistant Secretary 6-48