HomeMy WebLinkAboutC-9148-1 - Storm Drain System UpgradesCITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3005 1 949 644-3039 FAX
newportbeachca.gov/cityclerk
March 21, 2025
PALP, Inc. dba Excel Paving Company
Attn: Mr. Kenneth Corry
2230 Lemon Avenue
Long Beach, CA 90806
Subject: Storm Drain System Upgrades Contract No. 9148-1
Dear Mr. Corry:
On January 14, 2025, 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
January 15, 2025, Reference No. 2025000029559. Enclosed is the released Labor &
Materials Payment Bond.
Sincerely,
OAU-j �,
Leilani I. Brown, MMC
City Clerk
Enclosure
_*A:Ii 3ltr1
CITY OF NEWPORT BEACH
BOND NO. K41870783
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to PALP,
Inc. dba Excel Paving Company hereinafter designated as the "Principal," a contract for
Storm Drain System Upgrades; Iris Avenue & Jasmine Avenue — storm drain piping and
appurtenances, pavement and curb removal and replacement, metal beam guard rail and
related minor construction; and, Port Edward Circle — pavement removal and
replacement, PVC subdrain, piping and related minor construction, 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 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 Sixty Three Thousand Eight Hundred Twenty Eight Dollars ($463,828.00) 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
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
PALP, inc. dba Excel Paving Company Page A-1
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.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the loth day of July , 20 24 .
PALP Inc, dba Excel Paving Company
Name of Contractor (Principal)
Federal Insurance Company
Name of Surety
555 S. Flower Street, 3rd Floor
Los Angeles, CA 90071
Address of Surety
213-612-5574
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:; / �(
By:
Aa on C. Harp '7S
City Attorney
Z �-�
Authorized Signature/Title
C his P. Brown, III, President
CA
Authoriz Agent Signature
Douglas A. Rapp, Attorney in Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
PALP, Inc. dba Excel Paving Company Page A-2
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 �q Ib ?.az 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/a)6 subscribed to
the within instrument and acknowledged to me that he/sje/tfgy executed the same in his/*/tb* authorized
capacity(ies), and that by his/1*/th)0 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.
QV 2aJkfe
Signature of N ary Public
MYISHA MONIQUE RIVEN
COMM. #2377053 M
X . ' ' , , . Notary Public -California
iL =>, LOS ANGELES COUNTY a
(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 notmy 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
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• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
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Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
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Additional information is not required but could help to ensure this
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Indicate title or type of attached document, number of pages and date.
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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 July 10, 2024
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(*) isfyre
subscribed to the within instrument and acknowledged to me that he/_"4eA11r#W executed the same in
his#mrMgvW authorized capacity(r*e), and that by hisAwnOieir signature(`.) on the instrument the
person(4), 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.
2�Pfy0FTyE DE8RA SWANSON
WITNESS my hand and official seal. N �" Jm COMM. # 2335630 X
NOTARY PUBLIC-CALIFORNIA N
ORANGE COUNTY N
MY COMM. EXP, NOV 10, 2024
Signature (Seal)
CHUBB�
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company ( ACE American Insurance Company
Know Ali 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 11th day of April 2024.
Rupert HD Swindells. Assistant Secretary
®rkr-
24
STATE OF NEW JERSEY
County of Hunterdon ss.
W.-irren Eichhorn. VicePlesiderH
hpR,J � • �, 01ITER,
On this 11th day of Aprfl, 2022 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, 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 Rupert HD Swindells and Warren Eichhorn, being by me duly sworn,
severally and each for 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.
Notarial Seal t c r
G
HOTAR�
2 AUgLirh'.�
�'JEY'
Albert Contursi
NOTARY PUBLIC OF NEW JERSEY
No 50202369
Commission Expires August 22,2027
Notary 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 of business (each a "Written Commitment'):
(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 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 appointmenk 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 limitor otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
1, Rupert HD Swindells, 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 July 10, 2024
RD Swindells, Assistant Secretary
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT:
Telephone 906 903-3493 Fax 908 903-3656 e-mail: surety9chubb.com
Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19)
1/15/25, 11:27 AM
Batch 18621464 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II 111 II III II III II I II I III 111 NO FEE
*$ R 0 0 1 5 3 6 5 0 9 3 $ *
202500002955911:14 am 01115/25
90 CR-SC06 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00
"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. of Long Beach, California,
as Contractor, entered into a Contract on 07/23/2024. Said Contract set forth certain
improvements, as follows:
Storm Drain System Upgrades Contract No. 9148-1
Work on said Contract was completed, and was found to be acceptable on
January 14, 2025, by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is Rapp Sureties.
BY '/
David Webb, Publid 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 y'0 at Newport Beach, California.
BY
https://gs.secure-erds.com/Batch/Confirmation/l8621464 3/4
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. of Long Beach, California,
as Contractor, entered into a Contract on 07/23/2024. Said Contract set forth certain
improvements, as follows:
Storm Drain System Upgrades Contract No. 9148-1
Work on said Contract was completed, and was found to be acceptable on
January 14, 2025, by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is Rapp Sureties.
BY -/
David Webb, PublidWorks Director
City of Newport Beach
VERIFICATION
certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on TMVjW I Jc y'V at Newport Beach, California.
m
Leilani I. Brown, City
v
CITY OF NEWPORT BEACH
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 26th day of June, 2024,
at which time such bids shall be opened and read for
Storm Drain System Upgrades
Project 23D02
Contract No. 9148-1
$400,000
Engineer's Estimate
Approved by
/James M. Houlihan
putt' PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.121anetbids.com/portal/portal.cfm?CompanylD=22078
Hard copy plans are available via
Mouse Graphics at (949) 548-5571
659 W. 19t" Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project: "A"
For further information, call Anna Baldenegro, Project Engineer at (949) 644-3034
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
https://www.newportbeachca.gov/qovernment/data-hub/online-services/bids-rfps-vendor-
registration
City of Newport Beach
Storm Drain System Upgrades
Project 23D02
Contract No. 9148-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15
ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18
INFORMATION REQUIRED OF BIDDER..................................................................... 19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR-1
SPECIAL PROVISIONS............................................................................................ SP-1
2
City of Newport Beach
Storm Drain System Upgrades
Project 23D02
Contract No. 9148-1
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.
3
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,
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.
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.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 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
4
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
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 revie :"d,.
STATE LIC# 688659 Curtis P. Brown III
A C12. C31 President
Contractor's License No. & Classification Au orized Signature/Title
DIR#1000003331
S1la(v JUN 26 2024
DIR Registration Number & Expiration Date Date
PALP, INC D5A
Bidder
5
Ci of New; ;ort Beach
Storm Drain S,,. stem U:.--rades
Pro'ect 230102
Contract No, 9148-1
BIDDER'S BOND
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 sum of Ten percent of the total amount of the bid
Dollars ($ lo% ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of Storm Drain
System Upgrades 23D02, Contract No. 9148-1 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
required bonds, and original insurance certificates and endorsements for the construction of the
project within thirty (30) calendar 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 individual, it
is agreed that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
Witness our hands this 7tr, day of Ju a _ . 2024.
PALP Inc, dba Excel Pavim_Com;,an;
Name of Contractor (Principal) Authorized SignaturetTitle
Curtis P. Brown, III, President
Federal insurance Corn; an,
Name of Surety
555 S. Flower Street, 3rd Floor
Los Angeles, CA 90071
Address of Surety
213-612-5574
Telephone
horized Agent Signature
Dou,. las A. Rar fLMomer in Fact ._._.
Print Name and Title
(Notary acknowledgment of Princi al & Suret must be attached)
ORA
•+ ��'
i
PRIL.7
6 '
*'•, igi31
IFI i ! `P
ACKNOWLEM"Cr ENT
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 June 07, 2024 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(e) whose name(e) is/am
subscribed to the within instrument and acknowledged to me that heA0mAIqoy executed the same in
hisMerOtHeir authorized capacity(ee), and that by his#mt#ve4r signature() on the instrument the
person(s); or -the entity upon behalf of which the person(e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
A �F. DEBRA SWANSON
Cal, ' " ' s�` COMM. # 2335630 X
�° ;. Q NOTARY PUBLIC•CALIFORNtA
p; ! ORANGE COUNTY
MY COMM. EXP, NOV 10, 2024
(Seal) -.
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, WESTCHESTERFIRE INSURANCE COMPANY andACEAMERICAN INSURANCE COMPANY corporations ofthe 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 seats to and deliver for and on their behalf as suretythcroon
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 SVltness 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 filth day of April 2024.
Etttpet: Ht] Stv'adelCs Assistact Secretary
STATE OFNEW JERSEY
County ofHunterdon SS.
Warrui fichhc1fn.VicePR`4jCnt
Onthisllm day of April,2022beforeme,allotaryPublicofNowJersey,personallycameRupertHDSwindellsandWarrenEichhorn,tomeknowntobeAssistantSecretaryandVice
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 Rupert HD Swindells and Warren Efchhorn, being by me duly sworn,
severally and each for 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 bylike authority.
Notarial Seal Aftwt Contursi
NOTARY VIiBLtCtlF NEW JERSEY
=r 'ii Mo 502Q}369
commission Expires August 22.4027 Kays Public
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 31), 2016;
WESTCHESTER FIRE INSURANCE COMPANYon December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009;
"RESOLVED, that the following authorizations relate to the execution, for and on behatf of the Company, of bonds, undertaldngs. recognizances, contracts and other written commitments of the Company
entered Into in the ordinary mum ofbusiness (each a "Written Commitmene):
(1) Each of the Chairman, the President and the Vice Presidents of the CompaW is hereby authorized to execute any Written Commitment forand on behalfofthe Company, under the seal
ofthe Company or otherwise.
(2) Each duly appointed attorney -in -fact ofthe Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under the seal ofthe Company or otherwise,
to the exmntthatsuch action isauthorized by the grant of powers provided for In such person's written appointment as such attomeyln-fact
(3) Each of the Chairman, the President and the Vim Presidents of the Company is hereby authorized, for action behalf ofthe Company, to appoint in writing any person the allarney-in-
fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal ofthe Companyor otherwise, such Written Commitments ofthe Company
as may be specified In such written appointment, which specification may be by general We or class of Written Commitments or by specification of one or more particular Written
Conamltmenrs.
(41 Each of the Chairman, the President and the Vim Presidents of the Company is hereby authorized, for and on behalfof the Company, to delegate in writing to any other officer of the
Company the authority m execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments ofthe Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or byspecificatim ofone or more particular Written Commitments.
(S) The signature ofany 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 RESDLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement ofthe powers and authority of ofiioem, employees and other persons to act for and on behalf of the
Company. and such Resolution shall not llmft or otherwise affect the exerctw ofany such power or authority otherwise validly granted or vested'
I, Rupert HO Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSU RANCE COMPANY, PACIFIC IN DEMNiTY 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 ofthe Companies are true, correct and in full farce 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 June 07, 2024
near.
ftdper.H3 Sri'ieie][s,..Lastant3e.�'etar,%
MITE EVENT YOU WISH TO VERIFY 71TE AUTHENTICITY OF THIS BONG OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT:
Tele hone 908 903.3493 Fax,908-i903-3696 e-mail; surcrs®chubb.mm
Combined: FED-VG-PI-VYFIC-AAIC (rev, 11-19)
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF AC'U�u�` V_1t1igLEDGkEu�.IT
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 Anjeles_
On JUN 18 2024 before me, R. Covington Notary Public ,
-_
ere Oise: name ao le_ o'i e o_ leer)
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/axe subscribed to the within instrument and acknowledged to me that
hel;y executed the same in his/fir authorized capacity(ies), and that by
his/hemltir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
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. �fr>, R.COVINGTON
n or. CUiti ut333682 0
hz-tar, Public-Calitornla
LO5 ANGELES COUNTY LL
`=_'.L' �My Cemni. Erplres Qec 8. Z024
Natary 06611c Signature tj (Notary Public Seal)
INSTRUCTIONS FOR COITLETTNG THIS FORM
ADDITIONAL OPTIONAL INFORMATION
This form complies with current California statutes regardingnorary wording and
DESCRIPTION OF THE ATTACHED DOCUMENT
ifneeded, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents beingsent to that state so long
as the wording does not require the California notary to violate California notary
law.
(ritie 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.
. Date of notarization trust be the date that the sigtier(s) personally appeared which
(1 ille or description of attached document continued)
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
(Number of Pages Document Daft _
commission followed by a comma and than your title (notarypublic),
l—
. Print the name(s) of document sigoer(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.
Wsheldwy;- is lepe ) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s)
information may lead to rejection of document recording.
$�( Co orate Officer
a the notary seal impression must be clear and photographically reproducible.
resident
Impression must not cover text or lines. if seal impression smudges, re -seal if a
-
sufficient area permits, otherwise complete a different admowledgrumt form.
❑ Partner(s)
. Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attomey-in-Fact
0 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.
❑ _- _ - _
i indicate the capacity claimed by the signer. If the claimed capacity is a
--- - -
corporate officer, indicate the title (i.e. CEO, CFO, Secretmy).
2015 Version www.NotaryClasses.com 800-873-9865
11 Securely attach this document to the signed document with a staple.
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 IIIN 18 2021 , 20 before m , M�� A 1"toln,�,u_ �ttGy�
Notary Public, personally appeared Curtis• Brown 111
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. MYISHA MONIQUE RIVEN
n COMM. #2377053 M
Notary Public -California
LOS ANGELES COUNTY LL
t4 e d �My Comm. Expires Sep 30, 2025
Signatur ,, (seal)
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity(ies) claimed by Signer(s):
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
Thumbprint of Signer
Check here if
no thumbprint
or fingerprint
is available.
City of Newport Beach
Storm Drain System Upgrades
Proiect 23D02
Contract No. 9148-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT
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.
PALP, INC DSA f'
EXCEL PAVING COMPANY
Bidder Autporiized Signature/Title Curtis P. Brown III
President
E
City of Newport Beach
Storm Drain System Upgrades
Project 23D02
Contract No. 9148-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
PALP,1N' 35A
Bidder's Name EXCELPA%1ING COMP.1W
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NONRESPONSIVE.
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
Approximate Construction Dates: From
Agency Name
Contact Person
Original Contract Amount $
To:
Telephone (
Final Contract Amount $
SEE ATTACHED
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.
10
No. 2
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
To:
Telephone ( )
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.
No. 3
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
Original Contract Amount $
To:
Telephone ( )
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.
11
No. 4
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
Original Contract Amount $
To:
Telephone ( )
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.
No. 5
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
To:
Telephone ( )
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
Approximate Construction Dates: From To:
Agency Name
Contact Person
Telephone (
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.
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.
pALP, INC :)SA
EXCEL PAVING COMPANY r F
Bidder Aufiorized Signature/Title Curtis I.,. _gown ill
r President
13
City of Newport Beach
Storm Drain System Upgrades
Project 23D02
Contract No. 9148-1
NON -COLLUSION AFFIDAVIT
State of California )
) SS.
County of Los Angelep
Curtis P. Brown III , being first Rm",Zi uses and says that he or she is
r--esideni of EXCEL PAI ING, ('nA,iPANY , 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 declapreA d rpenalty of perjury of the laws of the State of C ►f, mia that the foregoing is true and correct.
i l,, DSA ,/�/ Curtis R Brown ll!
EXCELPAVING ,,, 50- r.�
G CU�1t , 1Y resident
Bidder Authdzed Signature/Title
Subscribed and sworn to (or affirmed) before me on this day of HUH 2 5 202'2024
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.
MYISHA MONigUE RIY
m s- COMM. #2377053 01
Notary Public -California a
LOS ANGELES COUNTY n
[SEAL] 1111 I N/l:- MY Comm. Expires Sep 30, 2025
oR
APRIL 7,
* %,. 1981
�N
,.
., Li •• ..... 14
.,'1C IFO� .0
'���min1100
Public
My Commission Expires: 01• 12) D • 2-5
City of Newport Beach
Storm Drain System Upgrades
Project 23D02
Contract No. 9148-1
DESIGNATION OF SURETIES
PAT INr'OBA
Bidder's name EXCEL PAVING COMPANY
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):
OD
/DIA ISM'_ Olga IA Olgo- -- -
15
City of Newport Beach
Storm Drain System Upgrades
Project 23D02
Contract No. 9148-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
PAT INC OM
Bidder's Name EXCEL PAVING COMPANY
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2023
2022
2021
2020
2019
Total
2024
No. of contractsp'
�,)
'1
a j
5
Total dollarAmount o
C ntractsf(in
1'�i �
ko
(��
`
��
j,A�
�`OtlJ"1
�jLj(A
Thousands of $
��
AID
No. of fatalities
D
0
p
No. of lost
Workday Cases
Z
(
t
0
Q�
No. of lost
workday cases
involving
permanent
O
b
o
0
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 LEMON AVE
Business Address: LONG BEACH, CA 9080b
Business Tel. No.: 562) 599-5841
State Contractor's License No. and STATE LIC# 688659
Classification: A. C12, C31
Entity Type: OORPORATION
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 `L---- 0-
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Curtis P. Brown III PrP,,idf-nt
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.
I[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED1
17
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 }
it
(:,ONUa. 42331G92 N
i�i ry Public-C'alifoTrN�- LO
�, P;G i E5 iHItJTY o.
On JUN 2 6 2024 before me, R. Covington, Notary Public ,
sere nse i—name a3 Ellie Q-. o cer
personally appeared Curtis P. Brown III and Crissa A. Phillips ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) Ware subscribed to the within instrument and acknowledged to me that
hei /they executed the same in tibaw/their authorized capacity(ies), and that by
htgAmr/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.
Y R. COVINUIDN `n
WITNESS my hand and official seal. CorX.t. 023396W V.
j hc,-Ct.1ifu , r,
� r Pu �.
LL
re
(Notary Public Seal)
`'f INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION ntsformcomplies with current Callfornfastatutes regarding notary wording and
DESCRIPTION OF THE ATTACHED DOCUMENT ffneeded, 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
siguer(s) personally appeared before the notary public for acknowledgment.
__._.._. . Date of notarization must be the date that the signer(s) personally appeared which
f rltle or descripton of attached document continued) 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
Number of Pages Document Dale 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
_.R notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/Ntay; is /ate) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression most be clear and photographically reproducible.
Impression must not cover text or fines. If seal impression smudges, re -seal if a
(°t'111e) 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
the county clerk.
❑ Attorney -in -Fact + Additional information is not required but could help to ensure this
❑ Trustee(s) aclmowledgment is not misused or attached to a different document.
4 Indicate title or type of attached document, number of pages and date.
❑ Other r` Indicate the capacity claimed by the signer. If the claimed capacity is a
c rate officer indicate the title (i a CEO CFO Secretary)
2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
City of Newport Beach
Storm Drain System Upgrades
Proiect 23D02
Contract No. 9148-1
ACKNOWLEDGEMENT OF ADDENDA
PALP, INC DSA
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: 4040
Addendum No. Date Received Signature
18
City of Newport Beach
Storm Drain System Upgrades
Proiect 23D02
Contract No. 9148-1
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:
PALP, INC OSA
Name of individual Contractor, Company or Corporation: EXCEL PAVING COMPANY
2230 LEMON AVE
Business Address: LONG SFAr.N ('A gce06
Telephone and Fax Number: 562) 599-5841 FAX(562)591 7485
California State Contractor's License No. and Class: STATE LIC# 688659
(REQUIRED AT TIME OF AWARD) A, C
Original Date Issued: 5 11W Expiration Date: ua(,
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 2230 LEMON AVE
David A. Orukker Vice President i nNG aE r� CA PQRW 562) 999-5841—
An i. uuach Chief Financial Officer
$tefani A. Moreno Secretary
Secretary
Corporation organized under the laws of the State of California
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APRIL 7,
19 * '.• 198f
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The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows: PALL, IN-- DBA
EXCEL
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;
Have you ever had a contract terminated by the owner/agency? If so, explai
Have you ever failed to complete a project? If so, explain..
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 coinpliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes /( No
20
Are any claims or actions unresolved or outstanding? Yes /(o)
If yes to any of the above, explain. (Attach additional sheets, if necessary)
HE
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
DALE', INC 33A
EXCEL PAVING CO;1I' �{Yr►rrp/16
Bidder �•
Ap 01.
APRIL 7,
198-1-
c•......
q� /FOR�����`
Curtis P W V-� -
(Print name of Owner or President
of Corporation/Company)
Authorized Signature/Title
Curtis P. Brown III President
Title
JUN 2 6 2024
Date
On J U N 2 6 2024 before me, tA'J' ,N A AOdlf Q0( O^*UA, Notary Public, personally appeared
Curtis P Brown II , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) islaA subscribed to the within instrument and
acknowledged to me that he/spAW9 executed the same in his/h&ttir authorized capacity(ies), and that
by his/hw%thRrr 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.
11' 1�J1V LS.4t%�.n
Notary Public in and for said to
My Commission Expires: 2-MA-5
21
(SEAL)
MYISHA MONIQUE RIVEN
COMM.#2377053 n
60
_ Notary Public -California
U. LOS ANGELES COUN TY a
0� My Comm. Expire$ Sep 30, 2025
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City of Newport Beach
Storm Drain System Upgrades
Project 23D02
Contract No. 9148-1
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. 9148-1 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:
,;� �t
Date
6,6ry Z�46 -- G��I
Bidder's Telephone and Fax Numbers
Bidder's License No(s).
and Classifications)
I ov-oao jj3I
DIR Registration Number
�G.
Bidder
Bidde 's Authorized Signature and Title
271-j L.bj BAN , 4n� L?VW,6
Bidder's Address
Bidder's email address:
PR-1
TONY FRATANGELO
562 843 0722
tfratangelo(W.exceli)avinp.net
PROFILE
Experience and driven Underground Superintendent with over 15 years of experience in the
construction management industry. Proven track record of successfully managing very small
monetary to multi -million dollar public works and private underground projects from conception
to fruition. Always welcome the opportunity to collaborate, brainstorm, and find solutions for
challenging projects.
EXPERIENCE
Underground Superintendent at Excel Paving Company, Long Beach
May 2015 — Present
Review and collaborate with estimators prior to submitting bids
Prepare, execute, and follow thru with projects from award of bid to project completion
Create schedules and update as required
Coordinate and collaborate with agencies, engineers, and subcontractors to assure project is
completed in a timely manner and on budget
Problem solve challenges, disputes, and plan discrepancies to find solutions not excuses
Manage up to 5 separate 3-5 man crews at any given time
Teach and remind foreman the importance of safety; preparing JHA's; site specific safety mtgs
Experienced in pipeline; water, storm drain, and sewer, underground cast in place structures,
retaining walls, beam and lagging, civil flatwork, precast retention basins/systems, drywells,
railyard and airport concrete runways, bus shelters, demolition, and grading
Calculate and order accurate underground materials
Knowledgeable in selection of heavy equipment and shoring
Project Manager at Excel Paving Company, Long Beach
July 2008 — May 2015
Generate Schedules, Submittals, Subcontracts, Purchase Orders, RFI's, Billings, and Letters
Hands on project manager supervising up to 3 separate 3-5 man crews
Facilitated information in writing between Foreman/Superintendent and Agencies to resolve
unforeseen matters, plan discrepancies, and or disputes
Performed budget analysis to forecast profit and/or loss; if loss find ways to mitigate loss
Recognize and notify agencies when there is a changed condition and potential for delay and
additional compensation; experienced with T&M and/or lump sum payment methods
Prepare and update two -week look ahead and overall baseline schedules
Project Engineer at Excel Paving Company, Long Beach
November 2006 — July 2008
EDUCATION
BS in Business Administration (MIS), California State University Long Beach
BA in Japanese, California State University Long Beach
September 1998 —June 2002
CONSTRUCTION MANAGEMENT CERTIFICATIONS
SWPPP QSP Certification
Competent Person Trench Excavation
Confined Space
First Aid 1 CPR
REFERENCES
Rob Fiege, City of Long Beach Public Works Chief Inspector, 562 342 8814
Cesar Cantuba, City of Torrance Associate Engineer, 951 818 2179
Joe Van der Linden, City of Palos Verdes Inspector, 310 612 6573
Joe Munoz, City of Santa Monica Inspector, 310 350 9738
California Environmental Protection Agency
Air Resources Board
JEW#Ary 1 .1024
CERTIFICATE OF REPORTED COMPLIANCE
OFF RO',kD DiEgEL WkicLa RMULATION
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reported and labeled, ki specified Irl Section 2A49; vkhall'poWtAe owpletenegs, else this
certificate Is null and void CbfUjilCite!xi lp*'". - 2128/2025
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City et Newport Beach
Sturm Drain System Upgrades (y 148- 1). bidding on 08%26l2024 1Q00 AM (PDT)
Page I ut 4
Printed 06/21W2024
Bid Results
Bidder Details
Vendor Name
Excel Paving
Address
2230 Lemon Ave
Long Beach, California 90806
United States
Respondee
Kenneth Corry
Respondee Title
Senior Estimator
Phone
562-599-5841
Email
kcorry@excelpaving.net
Vendor Type
CADIR
License #
688659
CADIR
1000003331
Bid Detail
Bid Format
Electronic
Submitted
06/26/2024 9:20 AM (PDT)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
384392
Respondee Comment
Buyer Comment
Attachments
File Title File Name File Type
Bid Submittal C-9148-1 Palp Inc.pdf Bid Submittal C-9148-1 Palp Inc.pdf General Attachment
2024-06-26 Newport Beach (KC) Storm Drain.pdf 2024-06-26 Newport Beach (KC) Storm Drain.pdf Bid Bond
2024-06-26 Newport Beach (KC) Storm Drain.pdf 2024-06-26 Newport Beach (KC) Storm Drain.pdf Bid Bond
PlanelBids
City of Newpud Beach
Stonn Drain System Upgrades f9140-1). bidding on 06/261_0_4 10.00 AM (PDT)
Page 2 of 4
Printed 0/3126/2024
Subcontractors
Showing 3 Subcontractors
Name & Address
ACE Fence Co.
727 Glendora Ave.
La Puente, California 91744
Chrisp Company
2280 S. Lilac Ave.
Bloomington, California 92316
V&E Tree Service
P.O. Box 3280
Orange, California 92865
Desc
License Num
Remove and
658680
replace metal
beam guardrail
Replace Striping
374600
Clear & Grubb
654506
CADIR Amount Type
1000004092 $23,400.00
1000000306 $5,525.00 , CADIR
1000001936 $18,500.00'
PlanetBids
City or Newport Beach
Storm Drain System Upgrades (9148-1), bidding on 06/26/2024 10.00 AM (PDT)
Page 3 of 4
Printed O6/26/'2024
Line Items
Discount Terms No Discount
Item # Item Code
Type Item Description
UOM
OTY
Unit Price
Line Total
Response Comment
Section 1
$463,828.00
1
Mobilization & Demobilization
LS
1
$44,000.00
$44,000.00
Yes
2
BMP Implementation
LS
1
$9,500.00
S9,500.00
Yes
3
Surveying Services
LS
1
$21,000.00
$21,000.00
Yes
4
Traffic Control
LS
1
$7,400.00
57,400.00
Yes
5
Clearing and Grubbing, Excavation & Grading
LS
1
532,200.00
$32,200.00
Yes
6
Signing and Striping
LS
1
$6,200.00
$6,200.00
Yes
7
Remove Asphalt Concrete Pavement
SF
1222
$9.00
$10,998.00
Yes
8
Remove & Replace Metal Beam Guardrail and Appurtenances
EA
2
$13.300.00
526,600.00
Yes
9
Construct Concrete Curb & Gutter and Local Depressions
LF
54
$250.00
$13.500.00
Yes
10
Construct Portland Cement Concrete Pavement & Concrete Slurry Backfill
Cy
13
$1,500.00
$19.500.00
Yes
11
Construct Concrete & Steel Slope Anchors
LS
1
$16,500.00
$16,500.00
Yes
12
Construct Catch Basin
EA
2
$11,400.00
$22,800.00
Yes
13
Construct Parkway Culvert
EA
2
S18,300.00
$36,600.00
Yes
14
Furnish and Install 12-inch Storm Drain Aluminum Corrugated Pipe (16 ga.)
LF
150
$480.00
572,000.00
Yes
15
Furnish and Install Atrium Inlet and PVC Pipe (SDR-35) - IRIS/JASMINE
LS
1
$2,400.00
$2,400.00
Yes
16
Erosion Control and Landscaping Restoration
LS
1
54,000.00
$4,000.00
Yes
17
Construct Asphalt Concrete Pavement
SF
680
$16.00
$10,880.00
Yes
18
Furnish and Install Various Sizes of PVC Pipe (SDR-35) - PORT EDWARD
LF
685
$150.00
$102,750.00
Yes
19
Provide As -Built Drawings (FIXED)
LS
1
$5,000.00
55,000.00
Yes
PlanetBids
City of Newport Beach
Stonn Drain System Upgrades (9148-1). bidding on 06/2612024 10.00 AM (PDT)
Page 4 of 4
Printed 06/26/2024
Line Itern Subtotals
Section Title
Section 1
Grand Total
Line Total
$463,828.00
$463,828.00
PlanetBids
STORM DRAIN SYSTEM UPGRADES
CONTRACT NO. 9148-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day
of July, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and PALP, INC., a California
corporation, doing business as ("DBA") Excel Paving Company ("Contractor"), whose
address is 2230 Lemon Avenue, 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 Storm Drain System Upgrades: Iris Avenue &
Jasmine Avenue — storm drain piping and appurtenances, pavement and curb
removal and replacement,, metal beam guard rail and related minor construction;
and, Port Edward Circle — pavement removal and replacement, PVC subdrain,
piping and related minor construction (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. 9148-1, 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 Sixty Three Thousand Eight Hundred
Twenty Eight Dollars ($463,828.00).
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 Anna Baldenegro 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 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.
PALP, Inc. dba Excel Paving Company Page 2
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: Director of Public Works
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
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: Kenneth Corry
PALP, Inc. DBA Excel Paving Company
2230 Lemon Avenue
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
14.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Contract shall be paid to all workmen employed on the
Work to be done according to the Contract by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the 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. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
PALP, Inc. dba Excel Paving Company Page 5
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
14.2 If both the Davis -Bacon Act and State of California prevailing wage laws
apply and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per
diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive,
Newport Beach, California 92660, and are available to any interested party on request.
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
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
PALP, Inc. dba Excel Paving Company Page 6
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 orwillful 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
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.
PALP, Inc. dba Excel Paving Company Page 7
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 seg., 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.
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.
PALP, Inc. dba Excel Paving Company Page 8
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.
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.
PALP, Inc. dba Excel Paving Company Page 9
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 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: "7 / l IN
By: �Aoid,(R''�
a on C. Harp
Cit Attorney
ATTEST:
Date: 70
C
By:
Leilani I. Brown
City Clerk
F4
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: % a /zpz `/
By: `
Will O'Nei I
Mayor
CONTRACTOR: PALP, INC., a California
corporation, doing business as ("DBA")
Excel Paving Company
Date:
Signed in Counterpart
By:
Curtis Perry Brown III
Chief Executive Officer
Date:
Signed in Counterpart
By:
Crissa A. Phillips
Assistant 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 11
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and vear first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: "7 % i o I
a.
By: A
a n C. Harp
C Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONTRACTOR: PALP, INC., a California
corporation, doing business as ("DBA")
Excel Paving Company
Date: -TLAj l 0 , -Z4) z c(
By: �--
rtis Perry Brown III
Chief Executive Officer
Date: SIAI to 262�
By: 0 A�
Crissa . Phillip
Assistant Secre ry
[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 11
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
before me, R. Covington, Notary Public ,
it ere Insert name and G e o e o c—er
personally appeared Curtis P. Brown III and Crissa A. Phillips ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) Ware subscribed to the within instrument and acknowledged to me that
h*dahie/they executed the same in ht C/their authorized capacity(ies), and that by
I- i /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.
L R. COVINGTON
WITNESS my hand and official seal. w t �r COMM. #?.339692 M
C (��; Notary Public -California
LL / LOS ANf EI ES COUNTY LL
�I h4yComm. EAp!u.11;=.: ; 202A
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed, 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 descripfion 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.
• Date of notarization must be the date that the signer(s) personally appeared which
(Title or description of attached document continued) 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
Number of Pages Document Date 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.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/the}; is /are) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s) 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
Title sufficient area permits, otherwise complete a different acknowledgment form.
El Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document, number of pages and date.
El Other the capacity claimed by the signer. If the claimed capacity is a
tl ' 1 CEO CFO S t
corporate officer, mdicate re tit a (r.e. I , ecre My
2015 Version www.NoteryClasses.com 800-873-9865 9 Securely attach this document to the signed document with a staple.
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. K41870783
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to PALP,
Inc. dba Excel Paving Company hereinafter designated as the "Principal," a contract for
Storm Drain System Upgrades: Iris Avenue & Jasmine Avenue — storm drain piping and
appurtenances, pavement and curb removal and replacement, metal beam guard rail and
related minor construction; and, Port Edward Circle — pavement removal and
replacement, PVC subdrain, piping and related minor construction, 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 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 Sixty Three Thousand Eight Hundred Twenty Eight Dollars ($463,828.00) 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
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
PALP, Inc. dba Excel Paving Company Page A-1
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.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 1oth day of July , 20 24 .
PALP Inc, dba Excel Paving Company
Name of Contractor (Principal)
Federal Insurance Company
Name of Surety
555 S. Flower Street, 3rd Floor
Los Angeles, CA 90071
Address of Surety
213-612-5574
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:,
B;
Aa on C. Harp
City Attorney
Authorized Signature/Title
Cyrtis P. Brown, III, President
Authoriza Agent Signature
Douglas A. Rapp, Attorney in Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
PALP, Inc. dba Excel Paving Company Page A-2
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 Ib Z,Dz 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/a)O subscribed to
the within instrument and acknowledged to me that he/s)e/tlAy executed the same in his/*/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.
Signature of N11tary Public
MYISHA MONIQUE RIVEN
m COMM. #2377053 n
Notary Public -California 9)
LL 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 notaly 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/they- is /ate ) 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.TheProLinkcam - Nationwide Notary Service
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 July 10, 2024
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(z) is/em
subscribed to the within instrument and acknowledged to me that heheheA4W executed the same in
hisfheAN-e-r authorized capacity*w), and that by his>'he*heir signature(a) on the instrument the
person(a), 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.
EPr °FTNF� DEBRA SWANSON
WITNESS my hand and official seal. N �P COMM. # 2335630 70
w -r 4 o NOTARY PUBLIC-CALIFORNIA
it = ORANGE COUNTY N
W COMM, EXR NOV 10, 2024
Signature(Seal)
CHUBB`
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 ilw day of April 2024.
Rupert HD Swindells. Assistant secretary
*f(DaNg
seni- '�
STATE OF NEW JERSEY
County of Hunterdon
Warren Eicllhca•n.1'icePrt-sident
Q �104 4
%-,c, okx�i': -,t
On this ilw day of AprH, 2022 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, 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 Rupert HD Swindells and Warren Eichhorn, being by me duly sworn,
severally and each for 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.
Notarial Seal p'TAgf� t c T
G
e
y uec+`
Albert Cantumi
NOTARY PUBLIC OF NEW JERSEY
No 50202369
Cammiasion Expires August 22,2027
Notary 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 ofthe Company
entered into in the ordinary course of business (each a "Written Commitment"):
(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
ofthe 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 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 -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 authorityto execute, for and on behalfofthe Company, under the seal ofthe Companyor 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 ofthe
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 byspecification ofone 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 ofthe 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, Rupert HD Swindells, 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 July 10, 2024
Rupee HD Swindells,. Assistant Secretary
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT:
Telephone 906903-3493 Fax 908 903-3656 e-mail: surety@chubb.com
Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19)
6!; �4
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. K41870783
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 2.296.00 , being at the
rate of $ Varies thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to PALP,
Inc., dba Excel Paving Company hereinafter designated as the "Principal," a contract for
Storm Drain System Upgrades: Iris Avenue & Jasmine Avenue — storm drain piping and
appurtenances, pavement and curb removal and replacement, metal beam guard rail and
related minor construction; and, Port Edward Circle — pavement removal and
replacement, PVC subdrain, piping and related minor construction, 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 Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four
Hundred Sixty Three Thousand Eight Hundred Twenty Eight Dollars ($463,828.00) 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 phis 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.
PALP, Inc. dba Excel Paving Company Page B-1
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.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 10tn day of July 20 24 .
PALP Inc, dba Excel Paving Company
Name of Contractor (Principal)
Federal Insurance Company
Name of Surety
555 S. Flower Street, 3rd Floor
Los Angeles, CA 90071
Address of Surety
213-612-5574
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 7 / i G• Al `(
By:
A6rlon C. Harp �'hs
Citt Attorney
/zt��
AAAXthorized Signature/Title
/Curtis P. Brown, III, President
Q L
Authoriz Agent Signature
Douglas A. Rapp, Attorney in Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
PALP, Inc. dba Excel Paving Company Page B-2
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 - uAY 10 Z-0 jf 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/a)k subscribed to
the within instrument and acknowledged to me that he/sale/t* executed the same in his/t*/tb* authorized
capacity(ies), and that by his/*/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.
Signature of No ry Public
MYISHA MONIQUE RIVEN
n COMM. #2377053 M
Notary Public -California
U. r>, LOS ANGELES COUNTY a
(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.
he/she/theme 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.
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
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 )
C0Ti1
July 10, 2024
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(z) isl"M
subscribed to the within instrument and acknowledged to me that heA@4@Ahey executed the same in
his# it authorized capacity*w), and that by his# m4*Hek signature( -a) on the instrument the
person(s), or the entity upon behalf of which the person(-@) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
B��OF T�F DEBRA SVVANSON
WITNESS my hand and official seal. N v �a COMM. # 2335630
o NOTARY PUBLICGCAUFORNIA M xr ORANGE COUNTY
MY COMM, EXR NOV 10, 2024
Signature �, ��/Y�r� (Seal)
CHUBS"
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 ACEAMERICAN 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 11th day of April 2024.
Rupert HD Siviodelts. Assistant Secretary
Ifli
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STATE OF NEW JERSEY
County ofHunterdon 55.
Warren Eichhorn. Vice President
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VI
this llw day of AprH, 2022 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, 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 Rupert HD Swindells and Warren Eichhorn, being by me duly sworn,
severally and each for 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.
Notarial Seal a
Albert Cuntursi
NOTARY PUBLIC OF NEW JERSEY
No 5/1202369
Commission Expires August 22,2027
Notary 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 behalfofthe Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course ofbusiness (each a "Written Commitment"):
(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 behalfofthe 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 behalfofthe 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 behalfofthe Company, to appoint in writing any person the attorney -in -
fact of the Company with full power and authority to execute, for and on behalfofthe Company, 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 behalfof 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 behalfofthe
Company, and such Resolution shall not limitor otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
I, Rupert HD Swindells, 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 July 10, 2024
���♦ J � � �s Vj♦F
*114W�l
•.rw` ii
Rupert HD Swindells. Assistant Secretary
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: suretyC@chubb.com
Combined: FED-VIG-PI-WRC-AAIC (rev. 11-19)
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. 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, 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, volunteers.
B. General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary excess/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 two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate and four million dollars ($4,000,000) completed
operations aggregate. The policy shall cover liability arising from
PALP, Inc. dba Excel Paving Company Page C-1
premises, operations, products -completed operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than five million dollars ($5,000,000)
combined single limit for each accident.
D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Contractor's primary and excess/umbrella liability policies are
exhausted.
E. Pollution Liability Insurance. Contractor shall maintain a policy providing
contractor's pollution liability ("CPL") coverage with a total limit of liability
of no less than $5,000,000 per loss and $5,000,000 in the aggregate per
policy period. Claims -made policies require a 10-year extended
reporting period. The CPL policy shall include coverage for cleanup
costs, third -party bodily injury and property damage, including loss of
use of damaged property or of property that has not been physically
injured or destroyed, resulting from pollution conditions caused by
contracting operations. Coverage as required in this paragraph shall
apply to sudden and non -sudden pollution conditions resulting from the
escape or release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured
versus insured" exclusion or "cross -liability" exclusion) the effect of
which would be to prevent, bar, or otherwise preclude any insured or
additional insured under the policy from making a claim which would
otherwise be covered by such policy on the grounds that the claim is
brought by an insured or additional insured against an insured or
additional insured under the policy.
PALP, Inc. dba Excel Paving Company Page C-2
4. Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
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,
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/umbrella 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, 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,
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage except Builders Risk Insurance, which shall
contain an endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regular City business days after the date on the
"Notification of Award". Insurance certificates and endorsements must
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with
City at all times during the term of this Contract. The certificates and
endorsements for each insurance policy shall be signed by a person
PALP, Inc. dba Excel Paving Company Page C-3
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.
PALP, Inc. dba Excel Paving Company Page C-4
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Contractor. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use
any self -insured retentions on any portion of the insurance required
herein and further agrees that it will not allow any indemnifying party to
self -insure its obligations to City. If Contractor's existing coverage
includes a self -insured retention, the self -insured retention must be
declared to City. City may review options with Contractor, which may
include reduction or elimination of the self -insured retention, substitution
of other coverage, or other solutions. Contractor agrees to be
responsible for payment of any deductibles on their policies.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to
terminate this Contract, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City
shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such 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.
PALP, Inc. dba Excel Paving Company Page C-5
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.
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-6
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