Legislation Details

File #: HIST-5061    Version: 1 Subject:
Type: Historical Status: Joint Consent
In control: City Council Meeting Agenda
On agenda: 5/14/2007 Final action: 5/14/2007
Title: A Joint City Council/Redevelopment Agency Item to Accept the Work Performed by Sialic Contractors Corporation dba Shawnan for the Washington Boulevard Resurfacing Project, Culver Boulevard Pavement Reconstruction Project, and the 2006 Residential Overlay Project.
Attachments: 1. A Joint City Council/Redevelopment Agency Item to - J-1__07-05-14_PW-Eng_Washington Bvld Resurfacing_NOC_rev.doc, 2. A Joint City Council/Redevelopment Agency Item to - Joint Item - Washington Boulevard.pdf
City of Culver City, California Joint City Council/Redevelopment Agency Agenda Item Report RECOMMENDATION: Staff recommends the City Council: Accept the work performed by the contractor, Sialic Contractors Corporation dba Shawnan (Shawnan), authorize filing a Notice of Completion for the Washington Boulevard Resurfacing Project, P-843, Culver Boulevard Pavement Reconstruction Project, P-837, and Residential Overlay Project, P-863, and authorize release of retention funds in the amount of $117,918.08 to the contractor after the thirty-five day lien period expires for the Washington Boulevard Resurfacing Project, P-843, and Residential Overlay Project, P-863. Staff recommends the Culver City Redevelopment Agency: Accept the work performed by the contractor, Sialic Contractors Corporation dba Shawnan (Shawnan), authorize filing a Notice of Completion for the Washington Boulevard Resurfacing Project, P-843 and Culver Boulevard Pavement Reconstruction Project, P-837, and authorize release of retention funds in the amount of $12,066.66 to the contractor after the thirty-five day lien period expires for Culver Boulevard Pavement Reconstruction Project , P-837 The total retention funds in the amount of $129,984.74 are currently being held through an Escrow Account under the First Regional Bank. Meeting Date: 5/14/07 Item Number: J-1 AGENDA ITEM: A Joint City Council/Redevelopment Agency Item to Accept the Work Performed by Sialic Contractors Corporation dba Shawnan for the Washington Boulevard Resurfacing Project, Culver Boulevard Pavement Reconstruction Project, and the 2006 Residential Overlay Project Contact Person/Dept.: Elaine Jeng/ Lee Torres/Public Works Phone Number: 310.253.5621 and 310.253.5623 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Joint Item: [X] Attachments: [X] Public Notification: Master Notification List via email on May 9 th . Sialic Contractors Corporation dba Shawnan was also notified via telephone on May 1, 2007. Department Approval: Charles D. Herbertson (04/24/07) City Attorney Approval: Carol Schwab (by H. Iker) (05/02/07) City Controller Approval: Marlee Chang (05/08/07) City Manager Approval: Jerry B. Fulwood (05/09/07) City of Culver City, California Joint City Council/Redevelopment Agency Agenda Item Report BACKGROUND: On August 14, 2006, the City Council and Redevelopment Agency awarded a construction contract to Shawnan for the Washington Boulevard Resurfacing Project, P-843, Culver Boulevard Pavement Reconstruction Project, P-837, and the Residential Overlay Project, P-863. Shawnan completed the pavement overlay and reconstruction projects. The original scope of work for the three projects consisted of the following: Washington Boulevard Resurfacing Project Washington Boulevard between Sepulveda Boulevard and Elenda Avenue is an arterial street and is identified in the Pavement Management System as a high priority for resurfacing. The existing asphalt pavement had deteriorated due to age and impacts from high levels of traffic. The project consisted of the following: 1. Removal of 3.0 inches of the existing asphalt concrete pavement by grinding and replacement with 3.0 inches of new rubberized asphalt concrete along Washington Boulevard between Harter Avenue and Huron Avenue. 2. Removal of 1.5 inches of the existing asphalt concrete pavement by grinding and replacement with 1.5 inches of new rubberized asphalt concrete along Washington Boulevard between Sepulveda Boulevard and Harter Avenue and between Huron Avenue and Elenda Street. 3. At the intersection of two minor residential streets (Commonwealth Avenue and Center Street) at the south side of Washington Boulevard significant surface distress was identified. The pavement in this area required complete reconstruction... 4. Reconstruction of commercial driveways to allow for ADA accessibility within the project limits and replacement of all damaged curb and gutters. Culver Boulevard Pavement Reconstruction Project Portions of eastbound Culver Boulevard #2 (curb) lane between Le Bourget and Jasmine Avenues exhibited structural failure. The work for pavement reconstruction consisted of the removal of existing pavement, base and subgrade to a depth of 12 inches and replacement with 12 inches of full depth asphalt pavement. City of Culver City, California Joint City Council/Redevelopment Agency Agenda Item Report Residential Overlay Project This project consisted of grinding 2 inches of the existing AC pavement and overlaying with rubberized asphalt concrete on the following streets: • Sawtelle Boulevard (Sepulveda Boulevard to Malat Way) • Grayridge Drive (Sawtelle Boulevard to end of cul de sac) • Deshire Place (Overland Avenue to end of cul de sac) • Franklin Avenue (Sepulveda Boulevard to Huntley Avenue) • Karen Circle (Rhoda Way to end of cul de sac) • La Salle Avenue (Culver Boulevard to Braddock Drive) • La Salle Avenue (Farragut Drive to end of cul de sac) • Jackson Avenue (Farragut Drive to end of cul de sac) • Madison Avenue (Farragut Drive to end of cul de sac) This project also included the replacement of traffic loops, re-striping of traffic lanes, delineating pavement markings, installation of raised pavement markers and if necessary the removal and the replacement of sections of failed roadway pavement with full depth asphalt (12” AC). DISCUSSION: The entire project was successfully completed on time and under budget. Washington Boulevard Resurfacing Project On September 14, 2006, Shawnan commenced with the Washington Blvd Resurfacing Project. This project was completed on December 18, 2006. On February 26, 2007, a localized pavement failure occurred on the newly paved roadway along the edge of the right lane on the westbound direction of Washington Boulevard. It was also observed that wet soil/mud was appearing on the pavement surface of the failed areas. Staff coordinated meetings with representatives from Shawnan, Golden State Water Company, and Zieser-Kling, Geotechnical Consultant, in order to discuss and determine the possible cause of the pavement failures. Based on the investigation, Zieser-Kling Consultants determined that water infiltrated the pavement section allowing the settlement of the soil and corresponding failure of the new asphalt. City of Culver City, California Joint City Council/Redevelopment Agency Agenda Item Report Based on the findings mentioned above, the pavement failure was not a result of Shawnan’s paving operation. The bonding between the newly installed 2 inch rubberized asphalt and the existing asphalt concrete was well intact as observed during the removals. Staff was unable to successfully negotiate with Shawnan to repair the work therefore the repair work will be combined with the next Residential Overlay Projects anticipated to begin Summer, 2007. Culver Boulevard Pavement Reconstruction Project On November 6, 2006, Shawnan began the Culver Blvd. Pavement Reconstruction Project. This project was completed on January, 19, 2007. During the removal of the existing pavement, it was observed and confirmed through tests that the road base material, native clay soil, exceeded the optimum moisture content. This ‘wet’ soil condition prevents the minimum required compaction to be met. This issue had to be addressed in order to obtain the required compaction and prevent future pavement failures. Therefore, staff revised the pavement design from 12-inch to a 14-inch removal and from 12-inch full depth asphalt concrete to the construction of a 2-inch rubberized asphalt over 8-inch conventional asphalt, 4-inch crushed miscellaneous base (CMB) material, and geotextile fabric. The installed geotextile fabric is manufactured to prevent the wet soil from migrating into the base material and will maintain the CMB, subgrade material, in place and keep it well drained. During the paving operation, the last segment located just west of Jasmine Avenue was constructed under the recommended temperature placement for rubberized asphalt. This resulted in an uneven and rough joint between the last two loads of the rubberized asphalt. However, the asphalt compaction test in this segment met the minimum requirements. The joint was repaired by leveling the rough and high spots and applying a rubber emulsified slurry with fine sand. The work is under warranty for one year after acceptance of completion of the project. Residential Overlay Project P-863 Construction commenced on November 10 and was complete by December 8, 2006. Due to the presence of underlying Macadam pavement and the heavy presence of cracking and pavement settlement, staff changed the scope from a uniform 2” grind and 2” rubberized asphalt overlay to the header-cut methodology. The City of Culver City, California Joint City Council/Redevelopment Agency Agenda Item Report header-cut methodology minimized the grinding operation to eliminate disturbance to the existing pavement. The change in project scope resulted in a savings of $47,793.60, primarily stemming from the reduction in the amount of grinding and the amount of rubberized asphalt needed. Further savings were achieved without having to replace traffic loops and full-depth asphalt replacement. Paving operations at Madison Avenue resulted with compaction test showing less than the specified 95%. The intent of the 95% compaction threshold is to ensure that the newly paved street would not experience failure and or deterioration faster than its intended life. Because the contractor did not meet the project specifications, staff requested the contractor to provide an extended warranty of 1 year outside of the conventional 1 year warranty for Madison Avenue. The contractor has complied and also provided an extension to their performance and payment bond associated with any work required on Madison Avenue during the extended warranty period. FISCAL ANALYSIS: Shawnan completed the Washington Blvd and Residential Pavement Overlay, and Culver Blvd Reconstruction Projects required in the original contract on April 6, 2007 with two change orders. The total amount of the change orders was $41,536.02. The change order for Culver Blvd Pavement Reconstruction Project consisted of an extended area of repair and the redesign of a roadway section due to the over saturated native material in the project area in the amount of $31,791.64. The change order for Washington Blvd Resurfacing Project consisted of quantity adjustments in the amount of $9,744.38. In order to meet the project expenses for Culver Blvd Pavement Reconstruction Project (Account No. 55393501.730100), an administrative budget transfer was made from Washington Boulevard Resurfacing Project (Account No. 55393503.730100) in the amount of $25,667. The Residential Overlay Project was constructed for $47,793.60 less than the contract amount. The original construction contract amount for the projects was $1,306,105.00. The final construction cost was $1,299,847.42, including the two (2) change orders in the amount of $41,536.02. City of Culver City, California Joint City Council/Redevelopment Agency Agenda Item Report Estimated Project Expenses Washington Blvd Resurfacing Project, P-843 $936,770 Culver Boulevard Pavement Reconstruction Project, P-837 $88,875 Residential Overlay Project, P-863 Construction Cost $280,460 Subtotal $1,306,105 Inspection $30,000 Geotechnical Construction Services (Observation & Testing) $30,000 Total Estimated Project Cost $1,366,105 Contingency $75,969 Total Project Budget $1,442,074 Final Project Cost Washington Blvd Resurfacing Project, P-843; (includes Change Order) $946,514.38 Culver Boulevard Pavement Reconstruction Project, P-837; (includes Change Order) $120,666.64 Residential Overlay Project, P-863 Construction Cost $232,666.40 Subtotal $1,299,847.42 Construction Inspection $36,280.00 Geotechnical Construction Services (Observation & Testing) $30,531.50 Total Project Cost $1,366,658.92 The unspent funds in the amount of $75,415.08 will be used on the Residential Overlay Program Budget for a project scheduled for spring 2007. The City Council approved State Proposition 42 Traffic Congestion Relief funds available in the amount of $299,221 for the project. Because City of Culver City, California Joint City Council/Redevelopment Agency Agenda Item Report Shawnan’s proposed pricing to pave additional residential streets were substantially higher than the bid price used in the Residential Overlay Project, staff decided to not add additional streets to the scope of work until the next Residential Overlay Project. The funding from the Traffic Congestion Relief fund will remain in the project account for the next Residential Overlay project. ATTACHMENTS: 1. Location Maps. 2. Geotechnical Report on Distressed Pavement on Washington Boulevard, dated March 15, 2007 by Zieser-Kling. 3. Extended Warranty provided by Shawnan for Madison Avenue MOTIONS: That the City Council: 1) Accept the work performed by the contractor, Sialic Contractors Corporation dba Shawnan, Washington Boulevard Resurfacing Project, P-843, Culver Boulevard Pavement Reconstruction Project, P-837, and Residential Overlay Project, P-863; 2) Authorize the filing of a Notice of Completion; 3) Authorize the Public Works Director to sign and submit the necessary documents to the Los Angeles County Recorder’s Office; and 4) Authorize the release of the $117,918.08 to Sialic Contractors Corporation dba Shawnan, for the Washington Boulevard Resurfacing Project, P-843 and Residential Overlay Project, P-863, following the expiration of the 35-day lien period. That the Redevelopment Agency: 1) Accept the work performed by the contractor, Sialic Contractors Corporation dba Shawnan, Washington Boulevard Resurfacing Project, P-843 and Culver Boulevard Pavement Reconstruction Project, P-837; 2) Authorize the filing of a Notice of Completion; City of Culver City, California Joint City Council/Redevelopment Agency Agenda Item Report 3) Authorize the Public Works Director to sign and submit the necessary documents to the Los Angeles County Recorder’s Office; and 4) Authorize the release of the $12,066.66 to Sialic Contractors Corporation dba Shawnan for the Culver Boulevard Pavement Reconstruction Project, P-837, following the expiration of the 35-day lien period. MEETING DATE : 5/14/07 AGENDA ITEM : A Joint City Council /Redevelopment Agency Meeting for the Consideration to Accept the Work Performed by Sialic Contractors Corporation dba Shawnan for Washington Boulevard Resurfacing Project, Culver Boulevard Pavement Reconstruction Project, and the Residential Overlay Project ATTACHMENTS Page 1 Location Map 1-5 2 Geotechnical Report on Distressed Pavement on Washington Boulevard, dated March 15, 2007 by Zieser-Kling. 6-7 3 Extended Warranty provided by Shawnan for Madison Avenue. 8-16PAVEMENT RECONSTRUCTION PROJECT - P-837 LOCATION MAP CULVER BLVD (LE BOURGET TO JASMINE)u r p RESIDENTIAL OVERLAY PROJECT - P-863 LOCATION MAPon\ONJfl SEPULVEDA BLVD /8 00-0 -^lT EF S-0_Ny ^^a Ndwan^ lb^`d Tl=|1010|11 1_.M ^_132^^3SMISER KLING Consultants, Inc. MEMORANDUM To: Mr. Lee Torres, City of Culver City Engineer From: Peter A. Perales, Director of Field Operations Matthew G. Rogers, PE, GE PN: 06083-00 Date: Weds. 15 Mar. 2007 Re: Pavement Distress on Washington Boulevard at approx. 10915 Washington Boulevard , Culver City, CA This memorandum is presented to document the findings of our observations conducted on March 14, 2007 in the area of pavement distress found at the Reference location as well as to offer Conclusions and Recommendations. Observations The area of pavement distress is in an area of Washington Boulevard which has recently been resurfaced. The area affect is the west bound lane at approximately 10915 Washington Boulevard. The distress area is in a high traffic area of the lane, near the parking portion of the lane. The parkway in the area of the distressed is landscaped with large mature trees and grass ground cover. Tree trunk diameters are the order of 2 feet or larger. The pavement distress is manifested by alligator cracking on the pavement surface and bulging. An area of distress which indicated abundant bulging had previously been saw-cut and the existing pavement removed by City crews. A Portland cement concrete layer was exposed that was underlying the asphalt concrete pavement. Some cracking was noted in the concrete layer. The existing pavement section consisted of about 2 inches rubberized asphalt concrete on top of a layer of bituminous treated soil that varied from 1-1/4" to 1-1/2" in thickness. A muddy soil condition (that turned out to be the bituminous treat soil layer) was also noted to be underlying the asphalt concrete paving in a portion of the removal area . Free moisture was observed between the concrete and the bituminous treated soil surface. The source of the water was not evident. Samples of the asphalt concrete pavement section, consisting of the rubberized asphalt concrete and bituminous treated soil, were secured and transported to our laboratory. Conclusions Based on our observations, we have concluded that the reason for pavement failure is likely due to water infiltrating the pavement section allowing for the deterioration of the bituminous treated soil. The bonding between the concrete and the bituminous treated soil apparently was dissipated as soon as the treated soil was broken down by repetitive wheel loading. Though the actual source of the free water noted in the exploratory opening could not determined, we believe that the likely source of the water is from irrigation. Further, it is our opinion that future pavement distress may be anticipated in the areas where heavy irrigation watering is occurring. 1221 E. Dyer Road , Suite 105, Santa Ana , California 92705 (714) 755-1355 Fax (714) 755-1366 The Trusted Name in Geotechnical Consulting For Over Twenty YearsCity of Culver City March 15, 2007 Recommendations Moisture Barrier PN 06083-00 Bonding between the pavement section elements is a critical consideration in the design of flexible pavement sections. These pavement sections are calculated with the understanding that the subgrade, aggregate base and /or any other sub-layer that is an element of the pavement section will be relative free of standing water. In order to mitigate against further pavement distress, it recommended that a moisture barrier system be installed in areas of heavy irrigation. A moisture barrier may consist of a 40 mil PVC sheeting at least 3 feet deep buried in a narrow trench excavated at the back of the curb in the parkways being irrigated. The PVC sheeting should be glued to the back of the curb using Henry's # 107 asphalt emulsion or equivalent. As mentioned this is a mitigation effort only and is no guarantee that water infiltration will not continue to occur, considering that a definitive water source could not be determined. Repair of Pavement Distressed Areas Repair of the entire area where future pavement distress may be anticipated should be removed and repaired. As an alternative, distress to the pavement may be allowed to occur and then be repaired within the distressed areas. Areas indicating pavement distress should be removed. Removal areas should extend a minimum 2 feet beyond the distress limit indicated on the pavement surface or until the removal limits abut the existing concrete curb. The existing asphalt concrete should be removed to expose the underlying concrete layer. The concrete layer should be cleaned of all loose soil/material. Any cracks in the concrete layer should be cleaned out with compressed air and filled with a rubberized asphalt sealer/crack filler material. Filling of the cracks should be done as specified by asphalt filler manufacturer. The entire exposed concrete layer should be tack-coated with an appropriate asphaltic material prior to placing the asphalt concrete paving. The repair area may then be paved with rubberized asphalt paving material. The repair operation should be observed by a geotechnical deputy inspector familiar with performing such a repair operations. S:\Projects\2006\06083\06083-00\PN 06083-00 Memo_Culver City Pavement Distress 03-07.doc • Page 2Charles D. Herbertson , P.E., LS Public Works Director and City Engineer March 22, 2007 Mr. Shawn Smith Shawnan 12240 Woodruff Avenue Downey, CA 90241 PUBLIC WORKS DEPARTMENT 9770 Culver Boulevard , Culver City, California 90232 (310) 253-5600 (310) 253-5626 fax RE: RESIDENTIAL OVERLAY PROJECT P-863 WARRANTY EXTENSION (ONE YEAR ) ON WORK PERFORMED AND FINAL PRODUCT PROVIDED AT MADISON AVENUE Dear Shawn, The City is receipt of your letter dated February 28, 2007. Your letter indicates Shawnan 's agreement to provide an extended warranty on the work performed and final product provided at Madison Avenue . The reasons for the extended warranty as provided by the February 28, 2007 letter are inadequate. For clarification, the following is a summary of the reasons the City requested the extended warranty. Zeiser Kling Consultants Inc. (ZKC) was hired by the City to provide geotechnical expertise for the above referenced project . As you are aware, representatives from ZKC were on-site at the asphalt plant and at the project sites on the days paving of the residential streets were conducted. ZKC reported that on the day of paving at Madison Avenue (November 13, 2006), the Asphalt Rubber Hot Mix (ARHM) discharged from delivery trucks into the paver hopper were tested to range from 260 to 311 degrees Fahrenheit. This observation and test results were verified by the project inspector. The Standard Specifications for Public Works Construction ("Greenbook") states in section 302-9.4 that at the time of delivery to the Work site, the minimum temperature for ARHM-GG shall be 300 to 330 degrees Fahrenheit. ZKC conducted compaction tests at various locations along Madison Avenue after the paving and compaction operations were completed. Test results showed that compaction varied between 92% and 95%. Engineering specifications for this project required the final work product to achieve a 95% compaction.|10 10|Culver City Employees take pride in effectively providing the highest levels of service to enrich the quality of life for the community by building on our tradition of more than seventyve years of public service , by ourpresent commitment , and by our dedication to meet the challenges of the future. PRINTED ON RECYCLED PAPERPage 2 Based on the above observations and test results provided by . on-site representatives, the City questions the quality of the work product. The work was performed without using the proper temperature as specified in the "Greenbook" and completed without achieving the engineering specified 95% compaction. According to the City's consulting geotechnical engineer at ZKC, the less than 95% compaction can potentially lead to roadway premature failure. With this understanding, the City requested Shawnan to provide an extended warranty on work performed and product provided at Madison Avenue. The City is also hereby requiring the contractor to extend the performance bond to one year after the completion of the project. This extension of the performance bond provides the City with the assurance that Shawnan will perform work in relation to the extended warranty on Madison Avenue. If you have any questions please contact Project Engineer Elaine Jeng at (310) 253- 5621. Charles D. H4rblertson, P.E. Director of Pullip Works/City Engineer Enclosures cc: Mate Gaspar , Engineering Services Manager Elaine Jeng, Associate Civil Engineer Lee Torres, Associate Engineer Vernon Nickerson, Consultant Public Works Inspector PRINTED ON RECYCLED PAPERSHAWNAN 110 State License # 679962 A/B 12240 Woodruff Ave. Downey, CA 90241 Phone: (562) 803-9977 Fax: (562) 803-9955 To: City of Culver City 9770 Culver Blvd. Culver City, Ca. 90232 Date: February 28, 2007 Attention Elaine Jeng: Elaine, Job Title: Washington Blvd Resurfacing Project Job Number: 189 Project: P-843, P-837 & P-863 Due to the fact that some of the asphalt material installed on Madison Street as depicted on the above referenced project plans, was delivered on a colder day than the rest of the project the finish resulted in a more coarse looking product with variable compaction results. This confirms that Shawnan agrees to extend the warranty on the material installed on Madison one additional year for any failures which result from compaction.COATS / RAPP SURETY SERVICES 2'x461 South Pointe Drive, Suite :145, Lag una Hills, CA 9265.3 Phone: (949) 457- 1.060 1 ax: (949) 4.571070 March 26. 2007 Public Works Department City of Culver City 9770 Culver Boulevard Culver City, CA 90232 Attn: Charles D. Herbertson, P.E. Director of Public Works/City Engineer RE: Residential Overlay Project P-863 Gentlemen: It is our understanding that both the City of Culver City and Sialic Contractors Corporation dba Shawnan wish Federal Insurance Company to consent to the extension of their Performance & Payment Bond covering the original contract beyond the days originally specified. Please accept this letter as Federal Insurance Company's consent and agreement to an extension of the Performance & Payment Bond (Bond No. 8204-46-02 , dated August 21, 2006 in the original . amount of $1,306, 105.00) to "One year from completion of the project" Should you need any further information , please do not hesitate to call the undersigned. Sincerely, Federal Insurance Company By: Rapp Surety Services J Dougl A. Rapp Attom in Fact Rapp Surety & Ins. Services, Inc. (0818070 L in.ai I y L iz^ s >urc ty 4 r ces Inc ((11117027, Do ugl s A. Rapp (0A34314) Buda 1) Coats (0752129)ACKNOWLEDGMENT State of California County of Orange On MAR 2 6 200?before me , A. P. Coats, Notary Public (here insert name and tifie of the officer) personally appeared Douglas A. Rapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name(s) Lslare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person (s) acted , executed the instrument. WITNESS my hand and official sea e Signature U' I `-` A .P. COAATS COMM... 1498145 to fm WrMYP=.CALFCfflU:4 1,7 (Seal)|1010|IChubb POWER Federal Insurance Company Attn : Surety Department Suret OF Vigilant Insurance Company 15 Mountain View Road Y ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents , That FEDERAL INSURANCE COMPANY, an Indiana corporation , VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY , a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp or Linda D. Coats of Laguna Hills, California----------------------------------- each as their true and lawful Attorney-in- Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments amending or altering the same , and consents to the modification or alteration of any Instrument referred to in said bonds or obligations. - In Witness Whereof , said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 22nd day of January, 2004 STATE OF NEW JERSEY ss. County of Somerset On this 2 2 ndiay of January , 2 0 0 4 , before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel , to me clown to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn , did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC IND9rd11TY COMPANY and knows the corporate seals thereof , that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the fay-Laws of said Companies : and that he signed said Power of Attorney asAssistant Secretary of said Companies by Ike authority , and that he is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies ; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney is In the genuine handwriting of Frank E. Robertson, and was thereto subscribed by authority of said By-Laws and In deponenrs presence. Notarial Seal Karen A. Price No ry Public State of New Jersey No. 2231 6A7 CERTIFICATION i .& ^-LC( PAL Notary Public Extract' of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY , and PACIFIC INDEMNITY COMPANY: "A6 "'f attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company , either by the Chairman or the President or a Vice President or an Assistant Vice President , jointly with the Secretary or an Assistant Secreta ry, under their respective designations. The signature of such officers may be engraved . printed or lithographed. The signature of each of the following officers: Chairman, President , any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretaryand the seat of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof , and any such power of attorney or certificate beating such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shah be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U . S. Treasury Department further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Islands, and Federal is licensed in American Samoa , Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney Is true, correct and in full force and effect Given under my hand and seals of said Companies at Warren , NJ this 26th day of March, 2007 Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY,OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER , PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com Forth 15-10-0225 (Ed. 4-99) CONSENT t3Federa(Insurance Company RIDER To be attached to and become a part of Performance and Payment Bond No. 8204-46-02 issued by Federal Insurance Company, as Surety, on behalf of Sialic Contractors Corporation dba Shawnan as Principal, and in favor of the City of Culver City, as Obligee, in the amount of One million three hundred six thousand one hundred five and 00/100 Dollars ($1,306,105.00), and executed on August 21, 2006. IT IS HEREBY AGREED that in consideration of the premium received, and other good and valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby agrees as follows: The term of the said Performance and Payment Bond shall be extended to "One year from completion of the project". All other terms and conditions of the referenced bond shall remain in full force and effect. Signed, sealed and dated this 20 day of March, 2007. Federal Insurance Company Douglas 1- Rapp Attorney in Fact 14ACKNOWLEDGMENT State of California County of Orange On MAR 2 6 2007before me, A. P. Coats, Notary Pub5c (here insert name and tifie of the officer) personally appeared Douglas A. Rapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name(s) Ls/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person (s) acted , executed the instrument. WITNESS my hand and official seal. A. P. COATS COMM... 1498f45 M WrM Y C. o ow ffly i 4 Mr term rxppay 2. 2ooe (Seal) I5Chubb P OWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 KnowAll by These Presents ,That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a NewYodc corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp or Linda D. Coats of Laguna Hills, California------------------------------------- each as theirfiie and lawful Attorney-In-Fact to execute under such designation in their names and to shit their corporate seals to and delver for and on there behalf as surety thereon or otherwise, bonds and undertaldngs and other writings cblgalory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the moMcation or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 22nd day of January, 2004 Kenneth C. Wendel. Assistant Secretary STATE OF NEW Jl7RSEY ss. County of Somerset on this 2 2 ndlay of January , 2004 . betbre me, a Notary Pubic of NewJewey, personaly carne Kenneth C. Wendal, b me (mown to beAssisfant Secretauy of FEDERAL INSURANCE COMPANY, YIG&ANT INSURANCE COMPANY. and PAaRC MDEMM YCOMPANY are campavies wtarih exeeuled the foregoing Powero(Attomey. , andlie said Kenneth C. Wendel being by me d iy swan, did depose and sayrlmtfw bnAssisla S Sea+etuy d FEDERAL INSURANCE COMPANY, VIGILANT MISURANr. COMPANY and PACFIC INDEANiiY COMPANYardlarows fie corporate seals ttherecf that the seas aibred to the foregoing Power o Asomey are suchaxporatesealsandwerefreretoafszedbyaiulhodiydtheeX ••t.awsdsaldCarpantes: andthatAesignedsaidPowerofAbomeyssAt ardSeaemrytwitCompanies by We authodtyr, and that he is acg sin ed with Frank E Robertsom and imows air to be Vice President of sad Conngndes; and that the signature of Frank E. Robertson, subscribed b said Power of Attorney Is In lie gerwine handwriting of Frank E. Robertson , and was thereto ebsat? ed by auehodlyr dsad By-Laws and in deponents presence. Flotarlal Seal Karen A. Prig Nary Pubic State of New Jersey r ui a L&t No. 2231647 NotW Fub1c C i .vsft, a ^ CIRCAhopI E a of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNI1 Y COMPANY: 'AR attorney for and on behalf of the Company may and shall be executed i n the raw and on behalf of the Company, either by the Chairman or the President or a Vice P resident or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary, under their respective designations. The signalize of such olfcers maybe engraved, printed or lithographed. The signature of each of the following officarm Chair an, President, any Vice President, anyAssistant Vice President, any Secetary, any Assists. t Secretary and the seal of the Company may be. affixed by facsimile to any power of attorney or to any cerdilcate relating thereto appointing Assists Secretaries or Attorneys -li-Fact for purposes only of executing and attesting bonds and undertakings. and other writings abigalory In the nature thereof, and any such power of attorney or cert0cato bearing such facsinhtie signauere or facsimle seal shall be valid and binding upon the Company and any such power so executed and cer47red by such facsimile signature and facsimile seal shall be valid and bindnng 4= 00 Company with respect to any bond or undertaking to which it Is attadhed.• I, Kenneth C. Wendel, Assistant Secretaryof F1)ERALlNSI E COMPANY , VIGpJ1NT INSURAN CE COMIWIY, and PACIFIC INDEMNITYCOMPANY (the'Con>panies' do hereby corny that (4 the foregoing extract of the ®y-Laws of the Companies is true and coned, (l) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the L )istdrx of Columbia and are authorized by to U. S. Treasury Department fhather, Federal and Vigrtant are licensed in Puerto Rico and the U. S. Vl ih Islands. and Federal is licensed fnAreedcan Samoa. Guam, and each of the Provinces of Canada accept Prince Edward Island. and n the foregoing Power of Attorney Is true, correct and in full force and effect. Given wider my hand and seals of said companies at warren. W this 26th day of March, 2007 Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY.OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER , PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: sure @chubb corn