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Home My WebLink AboutC-8792-1 - Street Pavement Repair ProjectCITY OFNEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 Fnx newportbeachca.gov August 23, 2023 Palp, Inc. dba Excel Paving Company Attn: Dallas Daniels 2230 Lemon Ave. Long Beach, CA 90806 Subject: Street Pavement Repair Program — C-8792-1 Dear Mr. Daniels: On August 23, 2022, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 24, 2022, Reference No. 2022000286855. The Surety for the contract is Federal Insurance Company and the bond number is K40145187. Enclosed is the Faithful Performance Bond. Sincerely, r A* 4. Leilani I. Brown, MC City Clerk Enclosure � v r0:110r The premium charges on this Bond is $ 2Z4, QQ.............. being at the rate of $ yBrig,thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to PALP, INC. doing business as ("DBA"j EXCEL PAVING COMPANY hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distribute construction notices to affected businesses and residents; Provide surveying services; Provide traffic control plans for all work locations; Establish traffic control for construction; Implement BMP plan; Coldmill existing asphalt concrete pavement, compact subgrade and reconstruct, asphalt concrete roads; Remove and dispose of existing concrete pavement, base, and subgrade; Reconstruct curb and gutter; Construct concrete V-gutter; Lower and adjust manholes, and remove and install new water valve boxes and survey monuments; Install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers; Coordinate with outside utility owners to have their facilities repaired and raised, to grade; Other incidental Items as required by Plans and Specifications; Provide As -built drawings, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Federal Insurance CompanX„ .... _,,., , ,.__�.._ ..................�, ,.n _ duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Twenty Nine'rhousand Seven Hundred Forty Eight Dollars ($429,748.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements In the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, forvalue received, stipulates and agrees that no change, extension of time, alterations or additions to the terns of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of fonnal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, It is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. ...,........ Palp, Inc. dba xcel Pawing Company Page B-2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24th day of _FQbL0Xy,.....- ....... ......_.,20 22. PALP Inc. dba Excel Paving Company Name of Contractor (Principal) Federal„ Insurance,Com�any�____„ Name of Surety 202B Halls Mill Road Whitehouse Station. NJ 08889 µ Address of Surety 908-903-3485 Telephone RN♦ , ffR 1' O. Timo�th2D; Rapp Ate torney in fact Print Name and Title NOTARYACKNOWLEDGMENT,S OF CONTRACTOR AND SURETY MUST BE ATTACHED Paip, Inc. dba Excel Paving Company Page B-3 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 February 24, 2022 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Timothy D. Rapp who proved to me on the basis of satisfactory evidence to be the person(&) whose names) is/are subscribed to the within instrument and acknowledged to me that heleheAl4ey executed the same in his/`eh4h& authorized capacity(ies), and that by hiss;; signature(* on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature iR �N� NN t ,YC��1aC�G11 1.. ,c°OP DEBRASWANSON 04 °' COMM. # 2335630 ;0 NOTARY PUBLIGCAUFORNIAA W' ORANGE COUNTY N (Seal) MY COMM, E%P, NOV 10, 202/ CH U S S' Power of Attorney Federal Insurance Company 1 Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations ofthe Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A. Rapp a nd Timothy D, Rapp of Ladera Ranch, Cal lifornla----------------------------------------------------------------- each as Nnelr true and lawful Attorneyfil-Pact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalfas 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 ethicalness, and any instruments amending or altering the same, and consents to the modification or alteratien of any man Elect reformed to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this Soh day of April, 2021. 2'tvVVl, Dawn M,Ylhkaor . Aysifltanl Secretary Sreplmi M. HnOCy, YlcePm-�Jdent STATE OF NEW JERSEY County of Hunterdon Ss. On this Sah day of April, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Cliloros and Stephen M. Haney, tome known to be Assistant Secretary and Vice President, respectively, of FEDBRAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, W ESTCHESTER PI RE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloral, and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know 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 said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarlal Seal A ✓ N`ILAAFt TAa ItAT PUCILIE OFNEVJ9 Iti NOTARYPU. to e$ JERS@Y Aollako No.2Jt8n9m NutatyPu611c Cemmigabn Expires J41y tn, 2024 8 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following earn., Isations relate to the execution, far and on behalf of the Company, of bonds, undertakings, moognfeencee, contracts and other written commitments of the Company entered Into in the ordinary course or epenass (each a "Written Commitment"): (1) Each of the Cholooman me President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of tin Company, under the are of the Campanyor otherwise. (2) Eachdulyappolntedattorney-In-Fact of the Company is h rebyouthorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action Is unmounted by the grant of powers provided for In such person's written appoinnment as such attmney-in-fact (3) Each or the Chairman, the President and the Vice Presidents of the Company ishat thy authmized, for and oa behalf of the Company, to .,punt In wfidng any person the mia may -In - rant of the Company with hill power and authority to exemte, for cad on behalf Of the Company, under the seal of the Company at otherwise, such Written Commitments of the Company as may be specified In area written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate In wrong to any other omcor of the Company the authority to execute, foraud no behalf of the Company, coder the Company's said or otherwise, such Written Commitments of the Company as are specifled In such written delegation, which specification may be by general type or class of Written Commitments or by speciftmlon of one or more particular Wrinen Commdnal (S) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment m delegation. FURTHER RESOLVED, that the foregoing Resolution all not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Mosel onto. shall Out their or otherwise affect the exercise crony such power or authority otlterwlse wildly granted or vested." L Dawn M, Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (1) the foregoing Resolutions adopted by die Board of Directors of the Companies are true, correct and In fall force and effect, (it) the foregoing Power of Attorney is true, correct and In full force and effect. Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, this February 24, 2022 �� wxS snau1, 3 (0 QD �CJCeau�..Y�. N�iatvtt� Dawn M,Chloinn Socrewda IN I HE EVENT YOU WISH TO VERIFY OR AUTHENTICITY OF TI [IS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone(908) 903-3493 Pax(909)903.3656 1-hell: surely@chubh.com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 Los Angeles On rcb ;2�gzLbefore me, Myisha Monique Riven, Notary Public Notary Public, (Here insert name and title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a`yrr subscribed to the within instrument and acknowledged to me that he/sye/t* executed the same in hislfV441i;ilir authorized capacity(ies), and that by his/f*/tl)ksignature(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. UAL A&AAa DWq \.e llJz to Signature of NoWy Public MYISHA MONIQUE RIVEN a COMM.#2377053 LL amy Notary Publl"alifornia LOS ANGELES COUNTY (Notary Seal) Comm. Expires Sep 30, 2026 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed In California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be property completed and attached to that document. The only exception is ff a document is to be recorded outside of Calf fornia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal.for a notmy in Califm•nia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper Pictorial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/lhep,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •? Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. •t• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 PmU nk Signing Service. Inc. -All Rights Reserved..ThePmLlnk.wm - Nationwide NMary Service CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov November 1, 2022 Palp, Inc. dba Excel Paving Company Attn: Dallas Daniels 2230 Lemon Ave. Long Beach, CA 90806 Subject: Street Pavement Repair Program - C-8792-1 Dear Mr. Daniels: On August 23, 2022, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 24, 2022, Reference No. 2022000286855. The Surety for the bond is Federal Insurance Company and the bond number is K40145187. Enclosed is the Labor & Materials Payment Bond. Sincerely, �X Leilani I. ro�MMC City Clerk Enclosure • a- :0 1 ;R r WHEREAS, the City of Newport Beach, State of California, has awarded to PALP, INC. doing business as ("DBA") EXCEL PAVING COMPANY hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distribute construction notices to affected businesses and residents; Provide surveying services; Provide traffic control plans for all work locations; Establish traffic control for construction; Implement BMP plan; Coldmill existing asphalt concrete pavement, compact subgrade and reconstruct, asphalt concrete roads; Remove and dispose of existing concrete pavement, base, and subgrade; Reconstruct curb and gutter; Construct concrete V-gutter; tower and adjust manholes, and remove and install new water valve boxes and survey monuments; Install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers; Coordinate with outside utility owners to have their facilities repaired and raised, to grade; Other incidental items as required by Plans and Specifications; Provide As -built drawings, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Federal lnsurance..Company__,.,,,,,_,,,,,,,,,,,,,,,,,,,,,_„�. _„_ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Twenty Nine Thousand Seven Hundred Forty Eight Dollars ($429,748.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with Palp, Inc. dba Excel Paving Company mm Page A-1 respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the tervns of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. Palp, Inc. dba Excel Paving Company Page A-2 IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the _„24tb___ day of __Fel LWsjry_ _ _, 20 22. PALP Inc. dba Excel _Paving„company Name of Contractor (.Principal) Federal Insurance Company Name of Surety _ 202E Halls Mill Road Whitehouse Station NJ 08889 Address of Surety 908-903-3485 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 4 1 9z- .... �.._._... By: 4&'!) _.,_...._.........-._,....-.W...... on C. Harp City Attorney o3�na/ Timothy D. -RgpR.6qorney in Fact Print Name and Title NOTARY ACKNOMEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Palp, Inc, dba Excel Paving Company Page A-3 r CKNOWLEDGMENT 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 February 24, 2022 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Timothy D. Rapp who proved to me on the basis of satisfactory evidence to be the person(&) whose name( is/are subscribed to the within instrument and acknowledged to me that he%heAhey executed the same in his/`eo*@ & authorized capacity(iee), and that by hisAhem4heir signature* on the instrument the person('), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEBRA SWANSON COMM. # 2335630 ;Q NOTARY PUBLIC•CAUFORNIA y ORANOECOUNTY (Seal) �" 0F"� MYCOMM. EXP. NOV 10,202/N [K =211011#1.s� Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Ladera Ranch, Ca Iiforma--------------------------------------------- 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 bail 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, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this sta day of April, 2 02 1. Ikrval ,VLChlorcr.:Y.oi.I:nn 5trraary STATE OF NEW IERSEY County of H unterdon S5. Smphen 1L I Janet, Vie IINN dent 1000T, - I On this San day of April, 2021 before me, a Notary Public of New lei sey, personally came Dawn M. Chloros and Stephen M. Haney, tome known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority ofsaid Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal 40 ROTARY i- KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY PuBuc V No. 2315585 Dortlrnla den EZINrea July 18, 2024 saxaly Wbll, EA9E v CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AM ERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the fallowing apthorizations relate to the execution, for and an behalf of the Company, of bonds, undertakings, recognizanas, mnlrah' and other written commitments of the Company entered Into In the ordinary course o intainces(each a'Wrltten Commitment'): (1) Each or the Chairman, me President and the Vice Presidents of the Company is hereby authorized toexecuteany Written Commitment for and on behalfiflhe Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -In -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf ofthe Company. under the seal ofthe Company orolherwfse, to the extent that such action Is authorized by the grant of powers provided for in such persons written appointment as such attorney -in -fact (3) Each of the Chairman. the President and the Vice Presidents of me Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in - fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate In writing to any other officer of the Company the authority to execute. For and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified In such written delegation. which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, Nat the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalfof the Company, and such Resolution shall not limit or otherwise affect the exercise orally such power or authority otherwise validly granted or vested. - I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COM PANY (the "Companies") do hereby certify that (Q the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correctand in full force and effect, (It) the foregoing Power ofAttorney is true, correct and in full force andeffect Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, this February 24, 2022 f0 QUM) 191' ills 371 Ml§ J 0 I IaY;D \L (,hl(N16.:1,\IWJI11 �lY'1'flJl) IN TIT EVENT YOU WISH TO VERIFY THE Alin ENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone(9081903 3493 Fsx (9081903- 3656 a -mail: surely@chubb.com Combined'. FED-VIG-PI-WFIC-AAIC (rev. 11-19) CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 Los Angeles On &Zg/ ZUZZ- before me, Myisha Monique Riven, Notary Public Notary Public, (Here insert name and title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/f)t subscribed to the within instrument and acknowledged to me that he/s)&/t* executed the same in his/V4/tl)Ar authorized capacity(ies), and that by his/1*/th)4,T 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. MYISHA MONIQUE RIVEN n COMM.#2377053 N a Notary Public -California LOS ANGELES COUNTY a My Comm. Expires Sep 30, 2025 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal far a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then you title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheAhey; is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. v Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 20042015 FwUnk Signing &rnce, Inc. - All Right, Reserved www.ThO,.Lu omm - Nemoawi& N.u, Service 8124/22. 11:00 AM Batch 14560835 Confirmation Recorded in Official Records, Orange County Hugh Nguyen,Clerk-Recorder RECORDING REQUESTED BY AND I I1111 I I II1111 1111[111111 ]11I11111I III IIII 1I1111111I111I111[ NO FEE .$ a 0 0 r 3 9 2 1 6 3 3$ k WHEN RECORDED RETURN TO: 202200028685510:55 am 08/24/22 City Clerk 9 RW9A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and PALP, Inc., ("DBA") Excel Paving Company, Long Beach, California, as Contractor, entered into a Contract on February 8, 2022. Said Contract set forth certain improvements, as follows: Street Pavement Repair Program - C-8792-1 Work on said Contract was completed, and was found to be acceptable on August 23, 2022 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Federal Insurance Company. fA Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on We M t kn at Newport Beach, California. M. https://gs.secure-recording.com/Batch/Confirmation/1,1560835 1 /1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and PALP, Inc., ("DBA") Excel Paving Company, Long Beach, California, as Contractor, entered into a Contract on February 8, 2022. Said Contract set forth certain improvements, as follows: Street Pavement Repair Program - C-8792-1 Work on said Contract was completed, and was found to be acceptable on August 23 2022 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Federal Insurance Company. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. /� �A y�Ci �� Executed on f`LAJy7, {t/�2 at Newport Beach, California. m CITY OF NEWPORT BEACH b•0. A. s'� NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 12th day of January , 2022, at which time such bids shall be opened and read for STREET PAVEMENT REPAIR PROGRAM Contract No. 8792-1 $545,000 Engineer's Estimate Approved by James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Patricia Carpenter, Project Manager at (949) 644-3344 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. 8792-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 7. In accordance with the California Labor Code (Sections 1770 of seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4140 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been revieed. STATE LIC# 688659 Curtis P. Brown III A C12. C:31 /l� - �� President Contractor's License No. & Classification Aytfiorized Signature/Title ►once DIR Registration Number & Expiration Date Date PALP, INC IBA =XC;Ei_ PAVING COMPANY Bidder 5 il�_of ypRrt Beach STREET PAVEMENT REPAIR PROGRAM Contract No. 8792«1 BIDDER'S BON We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sung of Ten -percent -of the total amount of the bid -- ��. Dollars ($ ...lo%...... .), to be paid and forfeited to the Utyi of Newport Beech if the bid proposal of the undersigned Principal for the construction of STREET PAVEMENT REPAIR PROGRAM, Contract No8792-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the rewired boards, and original insurance certificates and endorsements for the construction of the project within: thirty (30) calandar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individ ual, i is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our bands this 9th day of December 209 PALP. Inc. dba_Excel Pavin Company Name of Contractor (Principal) AUthorized Signature./Title Curtis P. Brown, III, President Federal Insurance Company;.,............. M .. Name of Sot h.6.ri.ied Ag nt ianature 202B Halls Mill Road Whitehouse Station, NJ 05,859 Address of Surety 908-903-3485 Telephone Dog las X. Rapp, Attorney in Fact Print Name and Title (Notary acknowledgment sof Princi al & SUr@1y must be attached) A 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 December 09, 2021 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that heA9 @AIv@y executed the same in hisAwm444eW authorized capacity*w), and that by hisf it signatures) on the instrument the person(&), or the entity upon behalf of which the person(@) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. yam`°FrF DEBRASwANSON y COMM. # 2335630 X g NOTARY PUBLIC -CALIFORNIA X ORANGE COUNTY N MY COMM, EXR NOVOV 10, 2024 Signature T z,�(ojJ�(N, (Seal) CHUBEl Power of Attorney Federal Insurance Company ( Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute andappoint Douglas A. Rapp and Timothy D. Rapp of Ladera Ranch, California---------------------------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under sucli 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, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this SO, day of April, 2021, Dawn NI. Chlor(r.:. A,,;<istant secretaty r 3EO.l wAaM� ? STATE OF NEW JERSEY County of Hunterdon SS, �ilqlayn Stephen M. lianey, Vice Prc�ident . ' 3rJLr *4W, 4 b` On this 5th day of April, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACG AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know 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 said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. R Notarial Seal KATHERINE O NEWJ R NOTARY PUBLIC OF NEW JERSEY yPUB No.23116686 COTMMiasion Expires July 16, 2024 Notary Puhiic CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE, INSURANCE COMPANY On December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered Into in the ordinary course orbusiness (each a "WritlenCommitment"j: (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and onbehalfoftheCompany, under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-factofthe Company Is hereby authorized to execute any Written Commitment for and on behalfof the Company, under the seal ofthe Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fad. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfof the Company, to appoint in writing any person the attorney -in - fad of the Company with full power and authority to execute, for and on behalfoftheCompany, under the seal oftheCompanyorothehwise, such Written Commitments oftheCompany as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments ofthe Company as are specined in such written delegation, which specification may be by general type or class of Written Commitments or byspeclficationofoneormore particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Cohnpany, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (f) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this December 09, 2021 4e a»• ZyI kh I kmn M. Ch l i,(N.:�titil V Jlt i S111 e011 '1 IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone 908 903-3493 Fax(908)903-3656 e-mail: stirety@chtibb.com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) 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 Los Angeles } ss. On I A hi _ JZ 2n22 , 20 before m , (;pyi A h I YNJ Notary ublic, oudt4oronally appeared CuTfr Is`P. Brown TII who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/'-wcr subscribed to the within instrument and acknowledged to me that he/sem/tbeyexecuted the same in his/fyefltbe4'r authorized capacity(ies), and that by his/Wr/tbiaif signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. U. R.COVINGTON k M e', COMM. #2339692 M LL+ y Notary Public -California LOS ANGELES COUNTY LL My Comm. Expires Dec 8, 2024 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature : (seal) City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. 8792-1 DESIGNATION OF SUBCONTRACTOR(% - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. MR INC 09A EXCEL PONO3 CONIPANY Bidder A Curtis R Brown Ill �r t Atst orized Signature/Title City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. 8792-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. PALP, INC CBA Bidder's Name EXCEL PAVING COMPANY FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number��[�`� Project Description v Approximate Construction Dates: From l To: Lt) Agency Name C.' NUJ "' ' Contact Person r"d Telephone (-114') -L) Original Contract Amount $�Final Contract Amount $ 0�lf If final amount is different from priginal, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome, of claims. 10 No. 2 Project Name/Number "IV tC2 Project Description Approximate Construction Dates: From k U To: Agency Name Contact Person - A JQLALA Telephone (Ili) 1 -� —4919 Original Contract Amount $011M Final Contract Amount $ 41 LaIncl." C If final amount is different from oAiginal, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number W 6 (A' Project Description U441(}�' 41 v k� . Approximate Construction Dates: From t� alt,11, g To: Agency Name &VO A-, D U� Contact Person UUP, f't�l Telephone (10) V9 Original Contract Amount $ R81 11 Final Contract Amount $ Wit) 6 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. h -W ti 0vv 11 No. 4 Project Name/Number Project Description te 15� Approximate Construction Dates: From S 116 'ice To: Agency Name X10 DAY - M A ,A Contact PersonUV, 96U Telephone (419) -!�>131, 5 � Original Contract Amount $A" T21 Contract Amount $ �16 t � If final amount is different from original, .please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. o 1) 1 fJ v� No. 5 Project Name/Number Project Description 1kj i ET (i9(A{ Approximate Construction Dates: From k To: (A Agency Name SQ A Contact Person MIMOA Telephone (Js�) q Original Contract Amount $�� Final Contract Amount $ �� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number Project Description f�(vu I J, � r UukA 19M it -r - Approximate Construction Dates: From to "fit}'),0 To: i 0� } Il.f) Agency Name Contact Person IJ`m Telephone RIAN U I (d13 Original Contract Amount Final Contract Amount $i�,-'' If final amount is different from original, please,explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. IAC MA- - v �� = ^'JiNG COti1P1�NY Bidder AujtSorized Signature/Title Curtis P. Brown 111 President 13 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. 8792-1 NON -COLLUSION AFFIDAVIT State of California ) )ss. County of Los Anaelas Curtis P. Brown III being firfALI y t3 Q@Qheposes and says that he or she is PrPsirient of EXf;F{ PAVING COMPANY , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. PALP, INC 08A �--� Curtis P. Brown III EXCEL PAViNr; C044RANY J� __- Resident Bidder A)Athorized Signature/Title Subscribed and sworn to (or affirmed) before me on this day of .12022 by Curtis P. Brown III , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 14 --AJ "." R. COVINGTON —v i Notary Public � comm. #2339692 N [SEAL] Notary Pubtic-California n. LL PA - LOS ANGELES COUNTY Comm. Fx ires Dec 8, 2024 v a ^ � — _.. _-..�. My Commission Expires: `tsi1 08 (UPI 14 Cita of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. 8792-1 DESIGNATION OF SURETIES Bidder's name PALL INC OSA €L p44 /IN1C COt 4pAn�y Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): 15 Cita of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. 8792-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL PALP, INC DBA Bidder's Name EXCEL PAVING CQ- ARRANv Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2021 2020 2019 2018 2017 Total 2022 No. of contracts Total dollar Amount of Contracts (in�� , Thousands of $ No. of fatalities 1 ' } � No. of lost Workday Cases No. of lost workday cases involving . permanent (`� transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 PALP, INC DBA EXCEL PAVING Legal Business Name of Bidder 2230 I_C�nON AVE Business Address: Co'q t BE-PvbH. GA W606 Business Tel. No.: 562) 599-b841 State Contractor's License No. and STATE LIC# 688659 Classification: A C12, C31 Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder ,�? - DateM 'Iz% 102; Title CLMis �' Brown In resident Signature of bidder - Date Title MARCIA S. MILLER. CORP. SECRETARY Signature of bidder _ Date _ Title Signature of bidder _ Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary pubfic 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 Los Angeles On JAN 1 20L before me, R. Covington, Notary Public sere inf seri name en iitie a ine a icer, personally appeared Curtis P. Brown III and Marcia S. Miller , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i9are subscribed to the within instrument and acknowledged to me that he ahefthey executed the same in hkR6tW/their authorized capacity(ies), and that by hL% t arJtheir 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. R.COVINGTON WITNESS my hand and official seal. N o'er'" COMMA. #2339592 a _ -Notary U. M Public -California a LOS ANGELES COUNTY a My Comm. Expires Dee 8, 2024 f Nota Public Signature Notary g (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Thisform California DESCRIPTION OF THE ATTACHED DOCUMENT complies with current statutes regarding notary wording and Ifneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) . State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Title or description of attached document continued) Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. ;Number of Pages Document Date- _ • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the narne(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (s) helshe/thay— is /sre ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines. If seal impression smudges, re -seal if a (Trlie) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of 11Attorney-in-Fact the county clerk. Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 4. Indicate title or type of attached document, number of pages and date. —4 indicate the capacity claimed by the signer. If the claimed capacity is a - corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version www. Nota ryClasses, com 800-873-9865 Securely attach this document to the signed document with a staple. City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. 8792-1 ACKNOWLEDGEMENT OF ADDENDA PALP, INC 013A Bidder's name EXCEL PAVING COMPANY The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: I Addendum No. Date Received Signature im urtis P. Brown 11 resident City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. 8792-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation:K VIN® 2230 LE1\40N AVE Business Address: l nlv(-, 8EA `H CA 90806 562 599-5841 FAX (562) 591.7435 Telephone and Fax Number: ) STA E Ll '# California State Contractor's License No. and Class: A, C12, C31 (REQUIRED AT TIME OF AWARD) Original Date Issued: Li4 a Expiration Date: c) bbl List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Curtis P. Brown III President and Chief Executive Officer 22JO LEMON AVE David A LLukkp.yira President and Chief Financial Officer LONG BEACH, CA 99906562) 599-5841 Marcia S. Miller Secretary Crissa A. Phillips Asst. Secretary Corporation organized under the laws of the State of 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 0 IfAv All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: PALPi INC DBA EXCEL., C.,) ; ;, !` i � s For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; t-�V� Have you ever had a contract terminated by the owner/agency? If so, explain. N 0 J A -- Have you ever failed to complete a project? If so, explain. 0 �J For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /lo 20 Are any claims or actions unresolved or outstanding? Yes /No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. PAL -P, INC CBA EXCEL PAVING C0MPANY Bidder Curtis P. Brown III President (Print name of Owner or President of Corporption/Company) Authofized Signature/Title 0 Curtis P. Brown III President Title Date On before me, tuj\&l nn , Notary Public, personally appeared Curtis R Rrnwn III V , 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. J Notary Public in and for sad State My Commission Expires: jjj 018 lLatj i- 21 R. COVINGTON M COMM. #2339692 M "_ Notary Public -California (SEAL) a LOS ANGELES COUNTY LL /MY Comm. Expires Dec 8, 2024 Roe Schoonover 209 39" Street Newport Beach, CA 92663 Cell: (562) 755-4719 Email: RocAlan@sbcglobal.net QUALIFICATIONS. • OSHA certified • first Aid/ CPR certified • Confined Space certified EXPERIENCE. - 06/06 -present Excel Paving Long Beach, CA Construction Superintendent • Job Scheduling • Personnel Scheduling • Dealing with various agencies, e.g. State, Public and Private • Responsible for all aspects of job construction and quantities 08/77-06/06 Su Hy-Mllier Contracting Anaheim, CA Construction Superintendent (01198--06106) • Job Scheduling • Personnel Scheduling • Dealing with various agencies, e.g. State, Public and Private • Responsible fear all aspects of job construction and quantities Construction Foreman (1995-01198) ® Ran individual jobs including grading, paving, concrete and quantities Asphalt Plant Superintendent (1990-1995) • Building, operating and maintenance of portable and stationary Plants • Personnel supervision Asphalt Plant Foreman (1983-1990) • Responsible for ordering materials for production of asphalt ® Maintenance of Plant Asphalt Plant Operator (1982-1983) • Mixed asphalt Plant and Loaner Operator for portable crushers (1979-1982) • Manufacturing of recycled base material Operating Engineer (1978-1979) . • Ran various equipment in the grading operation Construction Labor (1977-1978) • General labor work ® Grade checking EDUCATION: June 1975 Downey HS High School Diploma Downey, CA Wade Phillips 2230 Lemon Ave, Long Beach, CA 90806 (562) 599-58411 LAThillil2s@excelpaving.net excelpaving.net Experience CONSTRUCTION ESTIMATOR / PROJECT MANAGER EXCEL PAVING COMPANY I JUNE 2010 - PRESENT m Bid and manage all types and sizes of projects: $2,000 to $10 million, driveways to reservoirs. Bid public and private work, bid as a prime and sub, bid projects in Los Angeles, Orange, Ventura, and Riverside counties. s Manage and track profitability on all projects. • Work with field superintendents and foremen to plan projects and fix problems. • Communicate and negotiate with agencies regarding billings, extra work, change orders, Time and Material tickets, unforeseen conditions, and claims. • Private works and construction management clients: o Disney, Northrop Grumman Corporation, Hathaway Dinwiddie, PCL, Bernards Construction, Charles Pankow Builders, McCarthy Builders, Whiting -Turner Contracting Company, Webcor Builders • Public Works clients: o County of Orange, City of Laguna Beach, City of Anaheim, City of Irvine, City of Santa Ana, City of Orange, City of Stanton, City of Fullerton, City of Long Beach, Long Beach Airport, Long Beach Water Department, Rolling Hills, Palos Verdes Estates, City of Redondo Beach, City of Torrance, City of Santa Monica, City of Los Angeles, City of Burbank, City of Pasadena, Los Angeles Department of Water and Power, Metropolitan Water District, Port of Long Beach, Port of Los Angeles, California State College System, University of California System, local city school districts Education ASSOCIATE DEGREE j JUNE 2010 ( LONG BEACH COMMUNITY COLLEGE • Major; Science DIPLOMA I JUNE 20071 LAKEWOOD HIGH SCHOOL O 9 SSE; OO -- A O' h N r m N O OWDc�D m O O O" O fN7 N m O O crnp O> lD m n rn n h lD Cr'fj tD f� rnOD pO r�� op c7 ccN O (7i rl :0� �+ V' N O V ONi _ CD r Cts') t'nJ V O OmD V r O O h to n cm'J N C} T O m O� t�D_ C' W N O N cm0 m C ` r r m N r r r C O V d3 64 69 H3 EA 69 89 64 (A 69 4A fR tg 69 V3 K1 Y3 M eA eH 64 tfi E9 b9 69 fR V3 GA v9 6? to EA fR E9 64 EFT b3 H3 69 M3 63 E9 b9 69 Vf cA s9 _ Vi lfr to ffi _ rn W m m m m rn m 0 rn rn O O O] Qi Os Orn 0 Ot rn O O) O O 0 0 0 O O b O r N r r N r N Nr N= N N N N N N N Q.1� � � O` C� = W '�t M. n W rn m O c�V O E O y N Q '62, O Q N Q N Q .Tr.1 N Q Q Q cVV O c+> O c� O N Q= O.0 M N N Q Q O M O O M p Q o r a o3'c m o n W N m M m Z m m m m u� n m m n ci. m n m o c� cl m oo r o r ror r r o o0 0 0.0 o r r ot- o ro o r r o0 0 0o r o r r m n n W m m m m m m m m m rn rn m rn m rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn of rn o rn N m rn v o o v a's{ v o n. v '.co s� LO � Z M O N r 0 ai M 0 0 O M 0 0 0 cel 0 0 O'.. 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E o m N K aEi To aEi a n- LO a' m E @ 'o c LL m° °' N a u' m c i m aEi J d `�'� m o� n Z a .a ¢ n. o d �; E c -o c•? ou m o c E > 0 a> @ m> m o @ a E m @ C L E '� d o ac a) m m c o c, ¢+ per¢ o °' E m _m c o�'�. @ L 5� @ 0 0_ @ m T m m� m E� 3 m@@ >` a z c E z °' m U p1 =� c m m in a vEU oU mLLU orm.`a, coCmem E�J',m�pm'4o m, aim-�di�'•K OL ��Srn �.... os 0cD mo LL �:n mam -oo Y ` Z^ 0 E °'r in E.,EU c12 m E @ m =y g°" '��p9_�. d d m o,m Co mcnz � �'S��o�o .o E c E S @ p. m 'q 2 c aGi m i c c S 3 Z rn L c m m m y 'c E o T. d n m CA > =' °' c@ v r @> �' @ m m v m o o �-' o C tOp a`3 a is io m 0w CD m O_, C�'C�m LLIV r� c�dti�DCA¢fA O.. �4(AQ'S-�> W UCANVJd_� c�UrU> # M � V � t[7 IMD � tt�J � tnfi iS tmh � t�D � Vrn> c00 t00 � � (D CD fD CND fU CND CNp � �. 4D � Cep � Cep C(rnDp � fnD (n0 C~D Cm0 fm0 � [DD t�D t'D f�D � N n a V] tD tCJ Cl'J LfJ C[J l!J lD lA to 47 lIj tD tD tD lh lD tD In fn �['� tD l(J ID tfJ lD lD 4'J N 4] 1fJ LL'l t17 lIJ U•J lD LD l[J lC'i In VJ lCJ In lD lD ID It] lD to STREET PAVEMENT REPAIR PROGRAM CONTRACT NO. 8792-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 8th day of February, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PALP, INC. doing business as ("DBA") EXCEL PAVING COMPANY, a California corporation ("Contractor"), whose address is 2230 Lemon Ave. Long Beach, CA 90806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of the following: Distribute construction notices to affected businesses and residents; Provide surveying services; Provide traffic control plans for all work locations, Establish traffic control for construction; Implement BMP plan, Coldmill existing asphalt concrete pavement, compact subgrade and reconstruct, asphalt concrete roads; Remove and dispose of existing concrete pavement, base, and subgrade; Reconstruct curb and gutter; Construct concrete V -gutter; Lower and adjust manholes, and remove and install new water valve boxes and survey monuments; Install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers; Coordinate with outside utility owners to have their facilities repaired and raised, to grade; Other incidental items as required by Plans and Specifications; Provide As -built drawings (the "Project" or "work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 8792-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Four Hundred Twenty Nine Thousand Seven Hundred Forty Eight Dollars ($429,748.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work, and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Dallas Daniels to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to Palp, Inc. dba Excel Paving Company Page 2 act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Palp, Inc. dba Excel Paving Company Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Dallas Daniels Palp, Inc. dba Excel Paving Company 2230 Lemon Ave Long Beach, CA 90806 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. Palp, Inc. dba Excel Paving Company Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Palp, Inc. dba Excel Paving Company Page 5 Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless Palp, Inc. dba Excel Paving Company Page 6 of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. Palp, Inc. dba Excel Paving Company Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. Palp, Inc. dba Excel Paving Company Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Palp, Inc. dba Excel Paving Company Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: OZO&I By: r on C. Harp City Attorney D� ATTEST: qq�� Date: 3, �)L �.II .I� % .� ,.S. !1i Ceilani 1. :. City Clerk %W-1-IFoa% CITY OF NEWPORT BEACH, a California m icipal corporation Date: Kevin Mul�: do Mayor CONTRACTOR: PALP, INC. doing business as ("DBA") EXCEL PAVING COMPANY, a California corporation Date: Signed in Counterpart By: Curtis P. Brown III Chief Executive Officer Date: Signed in Counterpart By: Marcia S. Miller Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Palp, Inc. dba Excel Paving Company Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: O/I )&7 By: Y _on C. Harp City Attorney 0� ATTEST: Date: -31 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Kevin Muldoon Mayor CONTRACTOR: PALP, INC. doing business as ("DBA") EXCEL PAVING COMPANY, a California corporation Date: L6 ;,y toZ?i By: — - Crtis P. Brown III Chief Executive Officer Date: 1 e'6 )-q UL1, B Mar is S. Miller Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Palp, Inc. dba Excel Paving Company Page 10 CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 Los Angeles On ��h �(. t0l-- before me, Myisha Monique Riven , Notary Public, (Here insert name and title of the officer) personally appeared Curtis P. Brown III and Marcia S. Miller who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Xare subscribed to the within instrument and acknowledged to me that 1�,/spe/they executed the same in l*Js/li r/their authorized capacity(ies), and that by h"/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. eA�\Ol IA- i1y�/`� Si azure of N ary Public MYISHA MONIQUE RIVEN M COMM. #2377053 Notary Public -California rn U. LOS ANGELES COUNTY LL (Notary Seal) My Comm. Expires Sep 30, 2025 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Ite/she/fhe}—, is /ace ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. - All Rights Reserved www.TheProLink.conn - Nationwide Notary Service WHEREAS, the City of Newport Beach, State of California, has awarded to PALP, INC. doing business as ("DBA") EXCEL PAVING COMPANY hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distribute construction notices to affected businesses and residents; Provide surveying services; Provide traffic control plans for all work locations; Establish traffic control for construction; Implement BIVIP plan; Coldmill existing asphalt concrete pavement, compact subgrade and reconstruct, asphalt concrete roads; Remove and dispose of existing concrete pavement, base, and subgrade; Reconstruct curb and gutter; Construct concrete V-gutter; Lower and adjust manholes, and remove and install new water valve boxes and survey monuments; Install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers, Coordinate with outside utility owners to have their facilities repaired and raised, to grade; Other incidental items as required by Plans and Specifications; Provide As-built drawings, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Federal Insurance ,Com pqU_11111.._......._. . ................. duly authorized to businesstransact under the laws of the State of California, as Surety, (referred to herein as uSurety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Twenty Nine Thousand Seven Hundred Forty Eight Dollars ($429,748.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with �?K= fts ...... .......... mn ?m ==;W .. .1.11.111 — __,__1__111_111................................ Palp, Inc. dba Excel Paving Company Page A-1 respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California, The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. -------- -- ------------------ Paving - - - - - - --- -------- ------------------------------------------ ------------------------------ -- Palp, Inc. dba Excel g Company Page A-2 IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the ---- 24tfj__ day of Ey lebfupr 20 22 . PALP Inc. dba .E...xc.el....Payi. ng 'Q PmP_any Name of Contractor (Principal) Federal Insurance Companv Name of Surety 2026 Halls Mill Road Whitehouse Station, NJ 08889 .......... Address of Surety 908-903-3485 APPROVED AS TO FORM. CITY ATTORNEY'S OFFICE By.................. - ..... ............ on C. Harp as City Attorney ........... A horized Si natureffitle C rti own, 'I , President-- uthan Ag' - t Signat Timothy D. Rap . Attorney in.Fapt Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE A TTA CHED -----------------. .......................... ...... ** ---------------------- Palp, Inc. dba Excel Paving Company Page A-3 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 February 24, 2022 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Timothy D. Rapp who proved to me on the basis of satisfactory evidence to be the persona) whose name(sj is/afe subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/4@41"-* authorized ca acit p y{+eg), and that by hisHHeH4FieN- signature( on the instrument the person( -mi, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1�1. °F'hF DEBRA SWANSON W COMM. # 2335630 X -es NOTARY PUBLIC•CAUFORN A N X °°`" T ORANGE COUNTY N (Seal) MY COMM, EXP. NOV 10, 2024 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Ladera Ranch, 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 bail 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, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 50, day of April, 2021. I71WD \L Chloros-fxxsistanISccrrlaly .•""w. x 0 sfYt STATE OF NEW JERSEY County of Hunterdon Stephen 1I. Nancy, Vice President On this 5th day of April, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know 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 said Companies; and that their signatures as such officers were duty affixed and subscribed by like authority. Notarial Seal a KATHERINE J. AOELAAR NOTARY PUBLIC OF NEW JERSEY No. 2316885 Commission Expires July 16, 2024 Noiary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered Into in the ordinary course ofbusiness (each a "Written Commitment'j: (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf ofthe Company, underthe seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -In - fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments ofthe Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, far and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as arespecified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (S) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (1) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (it) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Whitehouse Station, NJ, this February 24, 2022 d'3,1N� 4YY9� Davin 11. Chlorin. Ascisumt SclTlfalil IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surely@chubb.com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 Los Angeles On T Z ZU Z - before me, Myisha Monique Riven, Notary Public (Here insert name and title of the officer) personally appeared Curtis P. Brown III Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/d)k subscribed to the within instrument and acknowledged to me that he/s)lle/tlgy executed the same in his/l)&/their authorized capacity(ies), and that by his/l*/thy- 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. Signature of No ry Public MYISHA MONIQUE RIVEN h COMM. #2377053 ro Notary Public -California U. LOS ANGELES COUNTY LL (Notary Seal) , My Comm. Expires Sep 30, 2025 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Calffornia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /fife ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. . Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. - All Rights Reserved www.TheProLink.com - Nationwide Notary Service The premium charges on this Bond is $ 2,aQ,4_Q.Q ............. __ being at the rate of $ thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to PALP, INC. doing business as ("DBA") EXCEL PAVING COMPANY hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distribute construction notices to affected businesses and residents: Provide surveying services; Provide traffic control plans for all work locations; Establish traffic control for construction; Implement BMP plan; Coldmill existing asphalt concrete pavement, compact subgrade and reconstruct, asphalt concrete roads; Remove and dispose of existing concrete pavement, base, and subgrade; Reconstruct curb and gutter; Construct concrete V-gutter; Lower and adjust manholes, and remove and install new water valve boxes and survey monuments; Install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers; Coordinate with outside utility owners to have their facilities repaired and raised, to grade; Other incidental items as required by Plans and Specifications; Provide As-built drawings, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Federal Insurance Comp —".any ..... ........ ............ duly authorized to transact ""- business ut ..... 'he" laws "f ...' ... i-h—Mate California ....'..——' --a-sSurety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Twenty Nine Thousand Seven Hundred Forty Eight Dollars ($429,748.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not ............... ............ Palp, Inc. dba Excel Paving Company Page B-1 exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. ........ ..................... I .......... I ... --n', **"* ........................----- -------- - ----------------------- Palp, Inc. dba Excel Paving Company Page B-2 IN WETNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24th day of _F �r.4a iY......................... 2022. PALP Inc.wdba Excel Paving.,Com_pany Marne cif Contractor (I�rir� ipalj Federal Insurance Company , . 'a--........---r6t-................. Name of Surety 2026 Halls Mill Road Whitehouse Station, NJ 08889 Address of Surety 908-903-3485 TeIephzine APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Dente:y......, {Z ............................. Si-natcaredTitle own. t°, Press Timothy D. Ra Attorne in Fact Print Name and Title w r n C" Harr Ci Attorney l0� NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATT-AC1- ED :.. ,...... __ .. � w..... �:......................................................... -wx Palp, Inc. dba Excel Paving Company Page B-3 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 February 24, 2022 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Timothy D. Rapp who proved to me on the basis of satisfactory evidence to be the persona) whose name* is/arta subscribed to the within instrument and acknowledged to me that he/4heA4@y executed the same in his/"@fAI;eR authorized capacity{4e4), and that by hiss, F,4h@i signature(* on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature •, �_1� DEBRA SWANSON N COMM. # 2335630 X o = m o NOTARY PUBLIC -CALIFORNIA N ' L ORANGE COUNTY N `sem' MY COMM. EXP. NOV 10, 2021 (Seal) MHUBS Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANYand ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Ladera Ranch, 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 behalfas surety thereon or otherwise, bonds and undertakings and other writings obligatory 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 modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 5th day of April, 2021, Itival 11.(;hhircti.rl;i taint trfet.ny yam' � P'^,qy, j• R STATE OF NEW JERSEY County of Hunterdon ss. Stephen NI. Haney, ViccI'rc-ident R. v, Sflt On this 5th day of April, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know 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 said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment'j: (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf ofthe Company, to appoint in writing any person the attorney -m - fact of the Company with full power and authority to execute, for and on behalfoftheCompany, under the seal ofthe Company or otherwise, such Written Commitments ofthe Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this February 24, 2022 j4fr-tu- sF.P.I. Dawn 11. C:hlorn;.:\n t,s(;i t "`Y IN THE EVENTYOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax (908) 903- 3656 a -mail: suret @chubb.corn Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) Notarial Seal q N -T fit" KATHERINE/ NOTARY PUBLIC OF EW JERSEY O NEW JERSEY �pUBLIG JERg� No.23i6685 Commission Expires July 16, 2024 Notary Publle CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment'j: (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf ofthe Company, to appoint in writing any person the attorney -m - fact of the Company with full power and authority to execute, for and on behalfoftheCompany, under the seal ofthe Company or otherwise, such Written Commitments ofthe Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this February 24, 2022 j4fr-tu- sF.P.I. Dawn 11. C:hlorn;.:\n t,s(;i t "`Y IN THE EVENTYOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax (908) 903- 3656 a -mail: suret @chubb.corn Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 Los Angeles On F -,Cb 2-,ZOZZ-before me, Myisha Monique Riven Notary Public yam- ,Notary Public, (Here insert name and title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/46 subscribed to the within instrument and acknowledged to me that he/s)e/tlgy executed the same in his/f*/tb* authorized capacity(ies), and that by his/l*/th* 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. C Signature of No ry Public MYISHA MONIQUE RIVEN~ M COMM. #2377053 LL '� - Notary Public -California N ✓:. LOS ANGELES COUNTY LL My Comm. Expires Sep 30, 2025 (Notary Seal) , ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal.for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/+hey, is /ete ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. - All Rights Reserved www.TheProLink.com - Nationwide Notary Service EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees 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 Palp, Inc. dba Excel Paving Company Page C-1 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. 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 Palp, Inc. dba Excel Paving Company Page C-2 (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 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 Palp, Inc. dba Excel Paving Company Page C-3 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 notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Palp, Inc. dba Excel Paving Company Page C-4 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. Palp, Inc. dba Excel Paving Company Page C-5 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. 8792-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 8792.1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: January 12, 2022 Date P: 562-599-5841 F: 562-591-7485 Bidder's Telephone and Fax Numbers 688659 A, C12, C31 Bidder's License No(s). and Classification(s) 1000003331 DIR Registration Number PALP Inc. dba Excel Paving Company Bidder,, Curtis P. Brown III Bidder's Authorized Signature and Title President 2230 Lemon Ave. Lonq Beach, CA 90806 Bidder's Address Bidder's email address: estimatingCa excel paving. net PR -1 Vendor Name Excel Paving Address 2230 Lemon Ave Delivery Method Long Beach, California 90806 Bid Responsive United States Respondee Wade Phillips Respondee Title Estimator Phone 562-599-5841 Email wphdlips@excelpaving net Vendor Type CADIR License # 688659 CADIR 1000003331 Bid Format Electronic Submitted 01/18/2022 9S2 AIM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 277930 File Title File Name File Type BID SUBMITTAL C-8792-1 EXCEL PAVING COMPANY.pdf BID SUBMITTAL C-8792-1 EXCEL PAVING COMPANY.pdf General Attachment Bir. Bond C-8792-1 Excel Paving Company.pdf Bid Bond C-8792-1 Excel Paving Company.pdf Bid Bond Showing 3 Subcontractors Name & Address Desc AM Concrete Concrete 13170 Telf are Ave syhnar, California 91342 BC Traffic Specialist Stnoing 638 W. Southern Ave. Orange, California 92865 Pavement Recycling Systems, Inc Cold Pane 10240 San Sevaine Way, Jurupa Valley, California 91752 License Num CADIR Amount Type 446850 1000006525 $12,878.00 877686 1000407561 S7,900.00 569352 1000003363 $38,77000 Discount Terms No Discount Item N Item Code Type Item Description Section 1 1 Mobilization 2 Surveying Services 3 Traffic Control 4 Signing and Striping 5 Coldmill 2 -Inch Asphalt Concrete 6 Coldmill 6 -Inch Asphalt Concrete 7 Remove Existing Concrete Pavement, Base, and Subbase 6 Remove Existing AC Pavement, Base, and Subbase 9 Remove Existing Curb and Gutter 10 Construct Type A PCC Curb & Gutter 11 Construct Type 8 PCC Curb 12 Place 4 -Inch Asphalt Concrete Base Course 13 Place 2 -Inch Asphalt Concrete Finish Course 14 Place, Grade, and Compact 12 -Inch Crushed Miscellaneous Base 15 Remove Existing Pavement and Construct 4 -Foot Wide PCC V -Gutter 16 Construct Full Depth AC Patchback (1 -Foot or 3 -Foot Wide) 17 Construct Concrete Wheel Stop Is Remove & Dispose of Existing Streetlight Pull Box & Install New Streetllght Pull Box 19 Remove and Install New Sewer Clean Out Box and Cover to Grade 20 Lower and Adjust Manhole Frame and Cover to Grade 21 Adjust Storm Drain Grate Inlet Frame and Cover to Grade 22 Remove and Install New Valve Box to Grade 23 Adjust Parking Meter Post to Grade 24 Provide As -Built Drawings UOM QTY Unit Price Line Total Response Comment $429,748.00 LS 1 $50,000.00 $50,000.00 Yes LS 1 $12,000.00 $12,000.00 Yes LS 1 530,000.00 $30,000.00 Yes LS 1 $11,000.00 $11,000.00 Yes SF 13000 $0.27 $3,510.00 Yes SF 41000 $0.87 $35,670.00 Yes SF 3400 $8.00 $27,200.00 Yes SF 900 59.50 $8,550.00 Yes LF 26 $13.00 $338.00 Yes LF 3 $52.00 $156.00 Yes LF 23 $38.00 $874.00 Yes TN 1200 $95.00 $114,000.00 Yes TN 800 $99.00 $79,200.00 Yes CY 160 $100.00 $16,000.00 Yes SF 680 $30.00 $20,400.00 Yes TN 20 $125.00 $2,500.00 Yes EA 3 $225.00 $675.00 Yes EA 1 $2,500.00 $2,500.00 Yes EA 1 $1,625.00 $1,625.00 Yes EA 4 $1,100.00 $4,400.00 Yes EA 1 5700.00 $700.00 Yes EA 4 $1,500.00 $6,000.00 Yes EA 2 $225.00 $450.00 Yes LS 1 $2,000.00 $2,000.00 Yes Section Title Section t Grand Total Line Total $429,748.00 $429,748.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 STREET PAVEMENT REPAIR PROGRAM PROJECT NO. 22R03 CONTRACT NO. 8792-1 DATE: January 11, 2022 BY: 0 TO: ALL PLANHOLDERS y PWD/City Engineer Pg. 1 of 2 The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. NOTICE INVITING BIDS 1. Bid opening date CHANGE the bid opening date to the 1811 day of January, 2022. 2. Engineer's Estimate CHANGE the Engineer's Estimate to $519,000. BID LINE ITEMS 1. Bid Item No. 14 CHANGE the bid item description for Bid Item No. 14 to Place, Grade, and Compact 12. Inch Crushed Miscellaneous Base. CHANGE the bid item quantity for Bid Item No. 14 to 160 Cubic Yards. Pg. 2 of 2 Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. PALP, INC DBA Bidder'sName ( ease)5Y Date Ay1fiorized Signature & Title Attachments: Curtis P. Brown III President - None CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS STREET PAVEMENT REPAIR PROGRAM PROJECT NO. 22R03 CONTRACT NO. 8792-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 4 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-8 WORK SITE MAINTENANCE 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.2 Storage in Public Streets 8 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-10 SAFETY 9 7-10.3 Haul Routes 9 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 7-10.5 Security and Protective Devices 9 7-10.5.3 Steel Plate Covers 9 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-2 LUMP SUM WORK 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment. 13 PART 2 - CONSTRUCTION MATERIALS 14 SECTION 200 - ROCK MATERIALS 14 200-2 UNTREATED BASE MATERIALS 14 200-2.1 General 14 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 14 201-1 PORTLAND CEMENT CONCRETE 14 201-1.1 Requirements 14 201-1.1.2 Concrete Specified by Class and Alternate Class 14 201-2 REINFORCEMENT FOR CONCRETE 14 201-2.2 Steel Reinforcement 14 201-2.2.1 Reinforcing Steel 14 SECTION 203 — BITUMINOUS MATERIALS 14 203-6 ASPHALT CONCRETE 14 203-6.5 Type III Asphalt Concrete Mixtures 14 SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 15 214-4 PAINT FOR STRIPING AND MARKINGS 15 214-4.1 General 15 214-6 PAVEMENT MARKERS 15 214-6.3 Non -Reflective Pavement Markers 15 214-6.3.1 General 15 214-6.4 Retroreflective Pavement Markers 15 214-6.4.1 General 15 SECTION 215 - TRAFFIC SIGNS 15 PART 3 - CONSTRUCTION METHODS 16 SECTION 300 - EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 300-1.3.2 Requirements 16 SECTION 302 - ROADWAY SURFACING 17 302-1 COLD MILLING OF EXISTING PAVEMENT 17 302-1.1 General 17 302-5 ASPHALT CONCRETE PAVEMENT 17 302-5.1 General 17 302-5.8 Manholes (and Other Structures) 17 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 17 302-6.7 Traffic and Use Provisions 17 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 18 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND 18 DRIVEWAYS 18 303-5.1 Requirements 18 303-5.1.1 General 18 303-5.5 Finishing 18 303-5.5.2 Curb 18 303-5.5.4 Gutter 18 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 18 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 18 314-2.1 General 18 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 18 314-4.1 General 18 314-4.2 Control of Alignment and Layout 19 314-4.2.1 General 19 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 19 314-4.4.1 General 19 314-4.4.2 Surface Preparation 19 314-5 PAVEMENT MARKERS 19 314-5.1 General 19 PART 6 — TEMPORARY TRAFFIC CONTROL 20 SECTION 600 - ACCESS 20 600-1 GENERAL 20 600-2 VEHICULAR ACCESS 20 600-3 PEDESTRIAN ACCESS 20 SECTION 601— WORK AREA TRAFFIC CONTROL 21 601-1 GENERAL 21 601-2 TRAFFIC CONTROL PLAN (TCP) 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT � � Q�pFESSIpy SPECIAL PROVISIONSy��°�P��' i a C 89793 STREET PAVEMENT REPAIR PROGRAM 1P clvlt �I?- pFCAl1F0C1 PROJECT NO. 22R03 CONTRACT NO. 8792-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -7021-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page SP 1 of 21 At the time of the award and until completion of work, the Contractor shall possess a Class "A" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of the following:. • Distribute construction notices to affected businesses and residents • Provide surveying services • Provide traffic control plans for all work locations • Establish traffic control for construction • Implement BMP plan • Coldmill existing asphalt concrete pavement, compact subgrade and reconstruct asphalt concrete roads • Remove and dispose of existing concrete pavement, base, and subgrade • Reconstruct curb and gutter • Construct concrete V -gutter • Lower and adjust manholes, and remove and install new water valve boxes and survey monuments • Install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers • Coordinate with outside utility owners to have their facilities repaired and raised to grade • Other incidental items as required by Plans and Specifications • Provide As -built drawings 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and Page SP 2 of 21 c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: Prior to any demolition work, the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Contractor shall provide survey for V -gutter construction to confirm positive drainage prior to starting work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 Page SP 3 of 21 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Page SP 4 of 21 Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, and no earlier than one week prior to the start of the paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, and no later than one week after completion, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of Page SP 5 of 21 work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. The Contractor shall commence work on or prior to April 4, 2022. All work on St. Andrew's Road between Cliff Drive and 15th Street, shall be performed during Spring Recess (April 11, 2022 to April 15, 2022). All work on 15th Street, adjacent to Newport Harbor High School, shall be performed during the first week of Summer Recess (June 13, 2022 to June 17, 2022). 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Unless otherwise approved by the Engineer, construction shall start on [date]. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) Page SP 6 of 21 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 -It (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. Page SP7of21 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: Page SP8of21 a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. Page SP 9 of 21 SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments, filing pre- and post -construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. 3 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item includes providing four (4) CMS and updating messages on the CMS as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 4 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement Page SP 10 of 21 striping and markers, removing or relocating street signs and posts, installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 5 Cold Mill 2 -Inch Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling the asphalt concrete pavement, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place. Areas on the plans are approximate, final limits will be laid out by the Inspector in the field. Item No. 6 Cold Mill 6 -Inch Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling the asphalt concrete pavement, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place. Areas on the plans are approximate, final limits will be laid out by the Inspector in the field. Item No. 7 Remove Existing Concrete Pavement, Base, and Subbase: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for sawcutting, removing, and disposing of the existing concrete pavement, base if present, subgrade material as necessary to allow construction of new asphalt concrete and aggregate base roadway structural section, and all other work items as required to complete the work in place. Item No. 8 Remove Existing AC Pavement, Base, and Subbase: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for sawcutting, removing, and disposing of the existing asphalt concrete pavement, base if present, subgrade material as necessary to allow construction of new asphalt concrete and aggregate base roadway structural section, and all other work items as required to complete the work in place. Item No. 9 Remove Existing Curb and Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for sawcutting, removing and disposing of the existing PCC curb and gutter, as necessary to allow construction of replacement curb and gutter, and all other work items as required to complete the work in place. Item No. 10 Construct Type A PCC Curb and Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for constructing new Type A PCC curb and gutter per CNB STD 182, and all other work items as required to complete the work in place. Item No. 11 Construct Type B PCC Curb: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for constructing new Type B PCC curb per CNB STD 182, and all other work items as required to complete the work in place. Page SP 11 of 21 Item No. 12 Place 4 -Inch Thick Asphalt Concrete Base Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting the asphalt concrete base course and all other work items as required to complete the work in place. Item No. 13 Place 2 -Inch Thick Asphalt Concrete Finish Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting the asphalt concrete finish course and all other work items as required to complete the work in place. Item No. 14 Place, Grade, and Compact 12 -Inch Crushed Miscellaneous Base: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for hauling, placing, grading, and compacting 12 -inch thick crushed miscellaneous base, and all other work items as required to complete the work in place. Item No. 15 Remove Existing Pavement and Construct 4 -Foot Wide PCC V - Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing concrete and asphalt concrete pavement, base if present, and subgrade material, constructing new 4 -foot wide PCC V - Gutter per Detail 5 on Sheet 6 of the Plans, including placing, grading, and compacting crushed miscellaneous base, and all other work items as required to complete the work in place. Item No. 16 Construct Full Depth AC Patchback (1 -Foot or 3 -Foot Wide): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of existing AC pavement, base if present, subgrade, and concrete gutter, constructing 12 -inch thick by 1 -foot or 3 -foot wide asphalt concrete patchback, and all other work items as required to complete the work in place. Item No. 17 Remove Existing and Construct New Concrete Wheel Stop: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of existing concrete wheel stops and constructing new concrete wheel stops per Detail 1 on Sheet 6 of the Plans, and all other work items as required to complete the work in place. Item No. 18 Remove and Dispose of Existing Streetlight Pull Box and Install New Streetlight Pull Box: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing street light pull boxes, furnishing and installing new street light pull boxes per CNB STD 204, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 19 Remove and Install New Sewer Clean Out Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing sewer cleanout box and cover, temporarily lowering and/or covering the sewer cleanout to facilitate paving operation, Page SP 12 of 21 furnishing and installing a new sewer cleanout box and cover to grade per CNB STD 406, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 20 Lower and Adjust Manhole Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing manhole frame and cover, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing manhole frame and cover to grade per CNB STD 321, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 21 Adjust Storm Drain Grate Inlet Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing storm drain grate inlet frame and cover, temporarily lowering and/or covering the grate inlet to facilitate paving operation, reinstalling existing storm drain grate inlet frame and cover to grade per CNB STD 321, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 22 Remove and Install New Valve Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing sewer or water valve box and cover, temporarily lowering and/or covering the valve to facilitate paving operation, furnishing and installing a new sewer or water valve box and cover to grade per CNB STD 406 and CNB STD 513, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 23 Adjust Parking Meter Post to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing parking meter post foundation, furnishing new hardware for parking meter post installation, constructing a new parking meter post foundation with new hardware per CNB STD 920, furnishing and installing salvaged parking meter post and sign on new foundation with new hardware per CNB STD 920, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 24 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Page SP 13 of 21 Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course shall be Type III -C3 -PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III -B2 -PG 64-10 (20% max RAP). Page SP 14 of 21 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2'/4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. Page SP 15 of 21 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. Page SP 16 of 21 SECTION 302 - ROADWAY SURFACING 302-1 COLD MILLING OF EXISTING PAVEMENT 302-1.1 General The milled pavement shall be paved with asphalt concrete (base course, leveling course or finish course) on the same day that the cold milling is performed. The limits of work for each working day or night shall extend only as far as both cold milling and placement of asphalt concrete can be completed to assure that no pavement is left milled without placement of asphalt concrete base course, level course or finish course at the end of the each work day or night. 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4 -inch in width shall be filled and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. 302-5.8 Manholes (and Other Structures) No earlier than one week prior to pavement cold milling, all manholes, water valve boxes, and utility boxes shall be temporarily lowered.. Upon completion of asphalt concrete finish course, and no later than one week after completion, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in 302-5.6.2. 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. Page SP 17 of 21 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the finish course has been placed. The width of the temporary lane line stripes shall be one-half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" Page SP 18 of 21 stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat - tracking" will not be accepted as temporary striping. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but no later than 15 days. The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 10 days but not later than 15 days. Page SP 19 of 21 PART 6 — TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. Page SP 20 of 21 SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items.- 1. tems: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. Page SP 21 of 21 From: Customer Service To: Morgan, Shelby Cc: Iori.alcala(d)ebix.com Subject: Compliance Alert -Vendor Number 8792-1 Date: March 07, 2022 8:02:01 PM [EXTERNAL, EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 8792-1 Palp, Inc. dba Excel Paving Company Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.