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Home My WebLink AboutC-5343 - 2013-2014 Miscellaneous Street RepairsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani L Brown, MMC August 12, 2015 PALP, Inc. DBA Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Subject: 2013-2014 Miscellaneous Street Repairs — C-5343 Dear PALP, Inc. DBA Excel Paving Company: On August 12, 2014, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 19, 2014. Reference No. 2014000334681. The Surety for the contract is Federal Insurance Company and the bond number is 8233-54-73. Enclosed is the Faithful Performance Bond. Sincerely, � Leilani I. Brown, MM City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.nevrportbeachca.gov EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 8233-54-73 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,868.00 , being at the rate of $ various 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 The work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement and reconstructing and overlaying roadway; (4) removing and reconstructing curb and gutter; (5) adjusting utilities and survey monument cover to grade; (8) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Plans and Specifications 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 Three Hundred Thirty Nine Thousand Seventy Seven ($339,077.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, Its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall became null and void. PALP, Inc. DBA Excel Paving Company Page C-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable. attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24th day of April ,2014 . PALP Inc. dba Excel Paving Company Name of Contractor (Principal) Federal Insurance Company Name of Surety 15 Montero View Rd, Warren, NJ 07059 Address of Surety (908) 903-2000 Telephone C-�' L t Authori t; !� "%NDENT CLd, 6- 4,, Autho rle d 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 C-2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On before me, C.. Phillips, Notary Public (Hero been name and title of the omar) J personally appeared C. P. Brown who proved to me on the basis of satisfactory evidence to be the personW whose nameW istno subscribed to the within instrument and aclmowledged to me that heAkedtbe>3acexecuted the same in hist authorized capacity(jgrp), and that by his4mkbde signatures) on the instrument the person(fi), 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. Sipraaue 01701Y Public mow` C PHILLIPS 7, COMM. ii7.996177 n Notary Public-Calirornia N LOS ANCELF-S COUNTY u (Notary Seal) My Comm. Expires Oct 29, 2016 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCLWNT (Title or desagNoa of atucled document) (Tide or description ofamched document continued) Number of Pages _ Document Date (Additional infomntion) CAPACITY CLAIMED BY THE SIGNER ❑ Individual(s) ❑ Corporate Officer Cie) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR CONWLETINQ THIS FORM Any acknowledgment completed in Calybnaa must const, wra(age em,,ly car appear, abo e In rhe rotary seam or a separate odam eledgawm fwm mum be properly campfeeed and attached to that da intent. The only exception is (f a docyment is to be recorded onside of Caltfrma. In emir ocwmaces, my aftmo ave aobenrledgmem verbrage as nosy be printed on such a daeanem so fang as the verbirtye doe, Prot regain the balmy to do m nmMng dm is akgaf for a notary in Cahfomw IT eerr{(jibg dee arahmtsed mpaity of 1k itg" Please aback the dacwaew cmefhdlyforproperrm wwd wordtrrgand ,loch Wrfarm (fregWred • State and County infornatiou must be the Slate and County wfiae the document signer(s) personally appeared before the notary, publieforackrwndedgmmt. • Date of notarization must be the date that the signa(s) personalty appeared which must also bethe 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 counts, and then yon title (nonry public). • Print the na nt(s) of document signers) who personally appear at the time of notariratlon. • Indicate the correct singular or plural forms by crossing off Incorrect forms (Le. hahhdaaet- is iare) or circling the correct forms. Failure to correctly indicate this information may lead to reJed)on of document recording., • The notary seal impression must be dear and photographically reproducible. Impression most not covet tart or lines. If sod impression smudges, reseal if a sufficient ares permits, odwswiso complete a differed admoudedgmeat form. • Signature of the notary public must match the signature on file with the office of the county clan. 4 Additional information is nm required but could help to ennrre this w1mvitledgment is not misused or attached to a different docomed ^ Indicate Gds, or type of attached document, amber of pages and date. F Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (i.e. CEO, CFO, Secrelety). • Securely attach tlds documamm the signed document 2008 Version CAPA vl2 10.0,7 800-873-98.65 www,NotaryClesses.com - ACKNOWLEDGMENT State of California County of Orange ) On 04/24/2014 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(A) whose name($) islere subscribed to the within instrument and acknowledged to me that he/ehekhey executed the same in hist*eNAheir authorized capacityO*, and that by hislge4wir signature($) on the instrument the person(a), or the entity upon behalf of which the person(o) 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. qDE�R'ASW;A"NMN.WITNESS my hand and official seal. COMM.1997119�NOTARYP6RUC•CALWORNIA �ORANGE COUNTYNY COMM, F%R NOV 10, 201 i Signature '^ Az�T4_y�.iGrl (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, 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, sad FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Kennem C. Wends, Assistant SecretaryT . NOrrls, Jr., Vice President STATE OF NEW JERSEY County of Somerset On this 16th day of December, 2011 before me, a Notary Publicof New Jersey, permnallycame Kenneth C. Wendel, tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swan, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies: and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B- Norris, Jr., and knows him to be Vice President of said Companies: and that the signature of David B. Nums, Jr, subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. .Notarial Sealn�i*a't KATHERINE J. ADELAAR NOTARY PUBLIC 16 85 1fRSF1Nr�.2316665COMMOOEttomJuly lb, 2014 Nolery Public 4'E1N JEQ CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such Officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power or attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and oemded by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the •Companies') do hereby cenify that (i) the foregoing extract of the By- Laws of the Companies is we and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Departmera: further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces at Canada except Prince Edward lsland: and (Ili) the foregoing Power W Attorney is true, correct and in full face and effect. Given under my hand and seats of said Companies at Warren, NJ this 24th day of April, 2014. ems - Kenneth C. weipel. Assistant Secretary IN THE EVENT YGU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-, 3493 Fax (908) 903- 3656 e-mail: surety chubb.com Form 15-10- 02256- U (Ed. 5- 03) CONSENT CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC October 23, 2014 PALP, Inc. DBA Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Subject: 2013-2014 Miscellaneous Street Repairs - C-5343 Dear PALP, Inc. DBA Excel Paving Company: On August 12, 2014 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 19, 2014, Reference No. 2014000334681. The Surety for the bond is Federal Insurance Company and the bond number is 8233-54-73. Enclosed is the Labor & Materials Payment Bond. 4s, cerely, Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 8233-54-73 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 The work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement and reconstructing and overlaying roadway; (4) removing and reconstructing curb and gutter; (5) adjusting utilities and survey monument cover to grade; (6) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Plans and Specifications 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 Insumnm 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 Three Hundred Thirty Nine Thousand Seventy Seven ($339,077.00) 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. PALP, Inc. DBA Excel Paving Company Page B-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the .provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 24th day of April , 2014 . PALP Inc. dba Excel Paving ComparW Name of Contractor (Principal) Federal Insurance Company Name of Surety 15 Montain Vle Rd, Warren, NJ 07059 Address of Surety (908) 9032000 Telephone Authorize Si r1 t C. /; litVi R1 VESIDENT ci.& 6) A AuthgAirlit,ed Agent gnature f Douglas A. Rapp. Attomey 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 State of California Countyof Los Angeles On k4— Li—i — J.,q before me, C-. Phillips, Notary Public (Here hear name and title ofthe owner) personally appeared C.P. Brown. who proved to me on the basis of satisfactory evidence to be the person(* whose name(a) is(aw subscribed to the within instrument and aclmowledged to me that heA*ekhoWexecuted the same in his&sodheir authorized capacity(jgrr), and that by hisA signawre(q) on the instrument the person(g), or the entity upon behalf of which the person(s) ailed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C- PHILLIPS rte` J CO #1926A77 e Notary Ft.Wic-Cali`ernia LL LOS ANGp-LF 00UNTY %ly Lamm. Fxpires Oct.29, 2016 (Notary Seal) --.--�.,., ""•�:• ADDTI•IONAL OPTIONAL INFORA4ATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title Or description of attached document) (title or description of atadrad document continued) Number of Pages _ Document Date (Additional irdomation) CAPACITY CLAIMED EY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (ritic) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETINO THIS FORM Any ockno,riedgment complexed m Cal&rnla mast carroin verbiage exactly as appears above In she watry rection or a separate achimledgmurt Joan must be properly completed and attached to that document The only exception is if a document u to be recorded o rack ofCail%rnwa in a wh mdanw, ary aherwarve ackaowledgwru verbiage at nw be printed on Bach a docvmera so long m the verbiage doer not regare the noway to do something drat u illegal far a normy in Caa#Wma (i.e. aroMng rhe aahorued aupuciy of the signer). Plow duck The docvrmea ca odlyfor proper somal wordtagadaadt thisfarm irmqured • State and Coady information must be the State and County whm the document sigaet(s) personally appeared before the notary public -liar acknowledgment. • Date of noarimtion mast to the dam that the signer(s) pasanally appeared which most also be the same date the acknowledgment is complexed. • The notary Public must prim his or her name as it appears within his or her commission followed by a comma and than your siae(amarypublic). • Prim the name(s) of document signet(s) who personally appear at the time of notarization. • indicate the correct singular or plural forms by crossing off incorrect Jonas (i.e. lalshe1#wjr blare) or circling the correct forts. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be dear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges, reseal if a sufficient area permits, otherwise complete a different aclmowiedgment form. • Signature of the notary public must match the signature on file with the office of the county clock. & Additional hrfornation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. h Indicate title or type of etmclrat document, number of pages and date. 6 indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, iudicam the title (i.e. COD, CFO, Secretary). • Securely attach this documents the signed document , 2008Version CAPAv12,10.07_600-873.9865 www.Notaryclasses,ma __.__ ACKNOWLEDGMENT State of California County of Orange j on 04/24/2014 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(A) whose name($) islere subscribed to the within instrument and acknowledged to me that he/hhePtMey executed the same in hislher{tkeir authorized capacityoe*, and that by his*sFAt air signature(g) on the instrument the person($), or the entity upon behalf of which the person(A 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 hand and official seal. w ,,6 °" �,�' DEBRA # 1997119 my t COMM. S 199711! ;U °-® g NOTARY PUYUGCALIFORNIA;0 ORANGE COUNTY N ~ MY COMM. EXP. NOV 10 2016 gg,, i Signature Va �u v` fS MVYi (Seal) iriChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisa appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California -- Ina corporation, VIGILANT INSURANCE corporation, do each hereby constitute and each as their We 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 surely thereon or otherwise, bonds and undertakings and other writings obligatory in ire 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 mid bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed theircorporate seals on this 16th day of December, 2011- ��L Kenneth C. Wends, Assistant Secretary 1 Nm., Jr., Vice President STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of mid Companies; and that he signed said Power of Attorney as Assistant Secretary of sald Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies: and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. .Notarial Seal KATHERINE 1. ADELAAR a NOTARY KRUC OF NEW JFRSFI Ne-2316665Cbrinbsion Erpires,July 14, 2014 Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such omcers may be engraved, panted or lithographed. The signature of each of the following officers: Charman. President, any Vire President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretanes or Attorneys- in. Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature of facsimile seal shall be valid and binding upon the Company and any such power so executed and'cemfied by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. - I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Compantei do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is We and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorimd by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Atlomey is true, correct and in full force and affect. Gwen under my hand and seals of said Companies at Warren, NJ this 24th day of April, 2014. Kenneth C. Weigel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: suretyglIchubbcom Form 15.10- 02256- U (Ed. 5.03) CONSENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO.- City O: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in 0 f1g1a1,,Records; OrAgge County Hugh Nguyen,! Idlelrlk-Recorder La�ll hili II�'I I,I�I�I SII I I��I' NO F E E * $ R 0 0 b.6.1 0- S. ,:Q 4 f : 201400033468111:40 am 08119/14 143 423 N12 1 0.00 0.00 0.00 0.00 0.06 O,QO 0.00 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. DBA Excel Paving Company of Long Beach, CA, as Contractor, entered into a Contract on April 23, 2014. Said Contract set forth certain improvements, as follows: 2013-2014 Miscellaneous Street Repairs (C-5343) Work on said Contract was completed, and was found to be acceptable on August 12, 2014 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Federal Insurance Company. :'1 Pubiic—W-orK 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 �6 at Newport Beach, California. BY ogu� City Clerk F� U o� �'�ORNIP CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC August 13, 2014 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • 2013-2014 Miscellaneous Street Repairs (Contract No. 5343) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and PALP, Inc. DBA Excel Paving Company of Long Beach, CA, as Contractor, entered into a Contract on April 23, 2014. Said Contract set forth certain improvements, as follows: 2013-2014 Miscellaneous Street Repairs (C-5343) Work on said Contract was completed, and was found to be acceptable on August 12. 2014 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Federal Insurance Company. M 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 / 1 VU�fuW I �3� u�at Newport Beach, California. BY D 04,u� �?�— City Clerk TO: FROM PREPARED BY: PHONE: TITLE: CITY OF NEWPORT BEACH City Council Staff Report August 12, 2014 Agenda Item No. 5. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Frank Tran, Civil Engineer (949)644-3340 2013-2014 Miscellaneous Street Repairs - Notice of Completion and Acceptance of Contract No. 5343 (CAP13-0014) ABSTRACT: On April 22, 2014, City Council awarded Contract No. 5343 for the Fiscal Year 2013-14 Miscellaneous Street Repairs project to PALP, Inc., DBA Excel Paving for a total contract cost of $339,077.00 plus a 10% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following account: Account Description Account Number Amount Measure M Fair Share 7282-C2002047 $ 344,723.75 Total: $ 344,723.75 DISCUSSION: Overall Contract Cost/Time Summary The work necessary to complete this contract included repairing the existing pavement on various arterials throughout the City as shown on the Location Map. This contract also included isolated dig -outs, asphalt grind and overlay, pruning tree roots and installing tree root barriers. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $339,077.00 Actual cost of bid items constructed: $344,723.75 Contract change order: 0 Final contract cost: $344,723.75 The final overall construction cost was approximately 1.7% over the original bid amount, which is attributed to actual quantities constructed. The contract allowed for 60 consecutive working days to complete the scope of the work. The project was substantially completed on July 11, 2014, which was 20 working days ahead of the allotted contract time. A summary of the project schedule is as follows: Estimated Completion Date per 11/2013 Baseline Schedule: August 29, 2014 Project Awarded for Construction: April 22, 2014 Completion Date per Contract & Approved Extensions August 7, 2014 Actual Substantial Construction Completion Date: July 11, 2014 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Map % Due Awarded Final Cost at Contingency to % Due to Contract Completion Allowance Actual Contract Change Directed Unforeseen Amount Change Change $339,077.00 $344,723.75 10% or less +1.7% 0% 1.7% Allowed Contract Time 60 Actual Time Under (-) or 20 (days) Over (+) The work necessary to complete this contract included repairing the existing pavement on various arterials throughout the City as shown on the Location Map. This contract also included isolated dig -outs, asphalt grind and overlay, pruning tree roots and installing tree root barriers. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $339,077.00 Actual cost of bid items constructed: $344,723.75 Contract change order: 0 Final contract cost: $344,723.75 The final overall construction cost was approximately 1.7% over the original bid amount, which is attributed to actual quantities constructed. The contract allowed for 60 consecutive working days to complete the scope of the work. The project was substantially completed on July 11, 2014, which was 20 working days ahead of the allotted contract time. A summary of the project schedule is as follows: Estimated Completion Date per 11/2013 Baseline Schedule: August 29, 2014 Project Awarded for Construction: April 22, 2014 Completion Date per Contract & Approved Extensions August 7, 2014 Actual Substantial Construction Completion Date: July 11, 2014 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Map ATTACHMENT A i 0 BONITA CANYON DRIVE SUPERIOR AVE ® HOAG HEALTH CENTER and SUPERIOR AVE @ HOSPITAL RD A x _ NEWPORT BLVD. MACARTHUR BLVD. NEWPORT COAST DR. SAN JOAQUIN HILLS RD. (26TH TO 30TH STREETS) @ COAST HWY. EAST @ RIDGE PARK RD. FREE RIGHT @ JAMBOREE RD. - -----I ol�\ I---------------- -- ; 75TH STREETI 15TH STREET - -- �` k'\ - I I I I I I I I I I 11 4-j L ` ----�.}---}J------ ORMOE AVE BOI$A AYE WESIN116TIRAVE BAMTAMIAAYE RE➢IMID AVE 15TH STREET MISC. REPAIRS CITY OF NEWPORT BEACH FY 13-14 MISCELLANEOUS STREET PUBLIC WORKS DEPARTMENT PAVEMENT REPAIRS — LOCATION MAP C-5343 08/12/2014 m 7- M J/1 MW CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:OOAM on the 31st day of March, 2014, at which time such bids shall be opened and read for FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 $ 300,000.00 Engineer's Estimate Approved by i, :.. �1 �A.1 I • City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification required for this project. "A" For further information, call Frank Tran, Project Manacle r at (949) 644-3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services/Bidding & Bid Results City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT. ................................................................ ....................... .......... ......... 22 INSURANCE REQUIREMENTS ...................... ...................... ............................... A-1 LABOR AND MATERIALS PAYMENT BOND .. ................ ........... ......... ................. B-1 FAITHFUL PERFORMANCE BOND.................................................................... C-1 PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 APPENDIXA............................................................................................................. AP -1 9 City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS 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) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 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. 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. 4. 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. 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. 7. 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. 3 8. 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. 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. The signature below represents that the above has been reviewed. STATE M. 689659 "A" Contractor's License No. & Classification Bidder C-� , YC.P. BROWN Authorized Signature/Title t M ESI')FNT Date City of Newport Beach FISCAL YEAR 20113-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 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 ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of FISCAL YEAR 2413-2014 MISCELLANEOUS STREET REPAIRS, Contract No. 5343 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 26th day of March 2014. PALP Inc. dba Excel Paving Company Name of Contractor (Principal)- Federal principal) Federal Insurance Company Name of Surety 15 Mountain View Road Warren, NJ 07059 Address of Surety (908) 903-2000 Telephone Author' nature/Title ?� al`510irat's Authorize Agent Signature ` Timothy D. Rapp, Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 4� ACKNOWLEDGMENT State of California County of Orange ) On 03/26/2014 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Timothy D. Rapp who proved to me on the basis of satisfactory evidence to be the person(,) whose name(yr) isFaF& subscribed to the within instrument and acknowledged to me that he/eHe4hey executed the same in his/4@44te4 authorized capacity(Yee), and that by hist signature(y) on the instrument the person(g), or the entity upon behalf of which the person(yr) acted, executed the instrument. ; �_1ea. .._.i r�r��n� Tei �r PERJURY certify u�ioer rEZIvA� 1 j OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea(. Signature LLL - 0-4.- .. �. Cpl OFT/F DEBRA SWANSON CN °s 1997119 7B NOTARY PUBLIC•CALIFORhIIA� ORANGE COUP MY COMM, EXP, NOV 10, 2016 (Seal)m��'� Chubb r JWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 cHuee Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, 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, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Kenneth C. Wendel, Assistant Secretary . Norris, Jr., Vice President STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attomey are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal ADc KATHERINE J. ADELAAR �PRY��, NOTARY PUBLIC NEW JEkSFI GZ' N�, 231616 685 Commission Expires July ib, 2014 a, Notary Public �Fyy j�Q` CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hard and seals of said Companies at Warren, NJ this 26th day of March, 2014 a�uN.4l:`,F �' ti awwrr � `�,5u!ta,VCF r 5 SFW Yo 4� e Kenneth C. We el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT ACKNOWLEDGMENT ■■seeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ State of California County of LOS ANGFi F;, }ss. On k, [TY014 before me, i"' iRhi►l ps' N , Notary Public, personally appeared Coda BROWVN ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/�w subscribed to the within instrument and acknowledged to me that he/s4e/t.4K executed the same in hisAPre'r/tWr authorized capacity(ies), and that by his/berAFjW signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ilillips, Notary Public ' •. '" C. PHILLIPS _. COMM. #1996177 M =F e Notary Publio-Calitornia U) ' LOS ANGELES COUNTY u. (seal) •.0 14iY Comm. Expires Oct. 29, --if ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: II Thumbprint of Signer Check here if no thumbprint or fingerprint is available. City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 DESIGNATION OF SUBCONTRACTOR(S) 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 following subcontractors 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. (Use additional sheets if needed. Subcontractor's Information Bid Item Description of Work of Number Total Bid Name: Address: Zt( s Phone: D q,7 qp State License Number: q 5- LO ip Email Address: Name: Ow AV_ Address: Ya- Phone: V I 175— 7 3 L — % G oD State License Number: „� (Q -7 �j 3 Email Address: Name: /� aJ' /, , i c �r ( / UY✓ 3 Address: (?Z q #� XVa ��.. Phone: � Z (� 7 -lo V D—/ 3 39' V 1 State License Number: 7q 3 907 Email Address Ole, Bidder - Authorized Signature/Title i City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 DESIGNATION OF SUBCONTRACTOR(S) 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 following subcontractors 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. (Use additional sheets if needed. Subcontractor's Information Bid Item Description of Work °�- of Number Total Bid Name: Address:)Co.` Phone: Sq qoq 7 b3 �O 1� State License Number: �V_A Email Address: Name: Address: sq, - Phone: � f k 9 l State License Number: Email Address: Name: Address: Phone: State License Number: Email Address CA Bidder �` y�� c ° i' " ' N°`'°�" t `\�' Authorized SignatureTtle ,� P , 9,R0' �'F�, P RE`JICENT E-0 City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 DESIGNATION OF SUBCONTRACTOR(S) 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 following subcontractors 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. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work °i° of Number Total Bid Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address Bidder �.;�=�ar�F; �. `�:x^.,.� ��;f �.�r��•�z �-y: Authorized Signature%� itle �.�� P- 8,1110 O-4, r RE3tCENT IQ City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 DESIGNATION OF SUBCONTRACTOR(S) 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 following subcontractors 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 eXcent with �nrinr approval of the City of Newport Beach. Use additional sheets if needed. Subcontractor's Information Bid Item Description of Work °% of Number Total Bid Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address E t I F,I i, . Bidders Authorized Signature /title ,*iPe SMO F'RENtDENT City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 DESIGNATION OF SUBCONTRACTOR(S) 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 following subcontractors 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. (Use additional sheets if needed. Subcontractor's Information Bid Item Description of Work °/° of Number Total Bid Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address Bidder Fw. f—a;, M Authorized Signature7itle `YY� City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1�� Project Name/Number Project DescriptionM 1�, L� Approximate Construction Dates: From %, To: Agency Name CA'0 Q44N L r IC .k Contact Person k)MOL Ar6A.t.Q-j6 Telephone (0141 (Aq ql Original Contract Amount $(6-1 V -`final Contract Amount $ U1 �I 200 If final amount is different from original, p1pase 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 ipdicate outcome of claims. N1A 01 No. 2 Project Name/Number�b Project Description Approximate Construction Dates: From W 13 To: Agency Name _itj� ti -2 Contact Person �'�`G'�/�i ID Telephone Original Contract Amount $ Final Contract Amount $ r� �'� (}UD If final amount is different from ori inal, please explain (change orders, extra work, etc.) �61--tn�KLld Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, br'e I explain aIn11d indicate outcome of claims. N LA No. 3 Project Name/Number AWO Project Description nCav �,✓IL j�)M� Approximate Construction Dates: From It To: Agency Name �0 J"'V a ADO i L4 Contact Person OJLVIO3 RQp� Telephone (-JEo) Original Contract Amount $inal Contract Amount $ 315% 8(Q? 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. 0o 44 10 No. 4 Project Name/Number Project Description M 0MIA-�N Approximate Construction Dates: From-, LT,2 To: (,O 12n Z Agency Name Contact Person VIAL awyl Telephone U32Z Original Contract Amount $=.'Final Contract Amount $ 610f -] If final amount is different �?m original, pease 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 �1 Project Name/Number Project Description m6fl' Approximate Construction Dates: From ?i t To: Agency Name V Contact Person t bw t bwdyvL8 Telephone j 10) I) J � M1 Original Contract Amount $ Final Contract Amount $ 4?' 411 If final amount is differen rom 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 explai and indicate outcome of claims. Un 1A 11 No. 6 Project Name/Number. Project Description A'i � ku Approximate Construction Dates: From 0 To: Agency Name. bb _1AA Contact Person S) Telephone 4 3(pi (Q 132, Original Contract Amount $ ui a Final Contract Amount $ If final amount is different frorr�&riginal, 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, :. Bidder in Authorized ignature itle CitV of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 NON -COLLUSION AFFIDAVIT State ofCalifornia ) /oa. County of G.P. being first.duly pwo'r- ' ;.deposes and says that he or she is PANSIDENT of the party making the foregoing bid; that the bid is not made in the intere '6r'b, 66�6ifVf,'�riy 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. | declare under penalty ofperjury ofthe laws ofthe State ofCalifornia that the foregoing iatrue and correct. El B|ooer -- ''^`-' `'` Authoriz9U3|QO8kure/T0e C,P'OM0VU0'PRE0DENT Subscribed and sworn to (or affirmed) before me on this day of MAR 312014 _' 1 2013 P� BROWN proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. | certify under PENALTY OF PERJURY under the |evvS Of the State Of California that the foregoing paragraph is true and correct. [SEAL] C. PHILLIPS COMM. #1996177 California Notary Public -k LOS ANGELES COUNTY My Comm. Expires Oct. 29, 201111 13 City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 DESIGNATION OF SURETIES Bidder's name 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): `� 1 UA O �I m CA ff NO • 14 City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Record Last Five (5) Full Years Current Year of Record The intormation 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. 15 Current Record Record Record Record Record Year of for for for for for Record 2013 2012 2011 2010 2009 Total 2014 No. of contracts 'LZ 2 (P Total dollar Amount of Contracts (in��r ��12 Thousands of $ No. of fatalities U O No. of lost Workday Cases D W No. of lost workday cases involving permanent 0 0 o transfer to another job or termination of employment The intormation 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. 15 Legal Business Name of Bidder Business Address:G.H. �,��,A;,�, a „i;; . ��1 Business Tel. No.: x557)599.,53&•t State Contractor's License No. and STAU I iC 689659',A- Classification: Title c ; 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 Dates Title 'EMT Signature of bidder Date A A Q J I i I Title Signature of`'. bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 ACKNOWLEDGEMENT OF ADDENDA Bidder's name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: U09 Addendum No. Date Received Signature 17 City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation. `^°''r r.NC. Business Address: Lk, -'-!NG r EA -CH, CA Telephone and Fax Number: (5rs2) FAX (562) 591.7425 California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) STATE 1K. 638659 mrd' Original Date Issued: 5 IhW Expiration Date: qj I �, , d 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: Qy rf/wN s, 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 r•. MIg P a.,,w„ 498idgHt alld Ehief EceL;utio'e Officer Curtis P Brown III Vice President and Chief Operating Officer Bruce E, Flatt Vice President and Chief Finanani f1Ai?�»r MarcES. Miller Secretary <�'vli L.€i)03,irSVENUr`�� ' �3" � r Michele E, Drakulich Assistant Secreta , � (5, ' ! 9..55,} 7 LC .NC', V")EAC4t, Cid �j0R04 Corporation organized under the laws of the State of The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: V "- All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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; 0\� Briefly summarize the parties' claims and defenses; N VIC Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. W 0�L For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / Jo 19 Are any claims or actions unresolved or outstanding? Yes 00 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. C,i', Bidder (Print name of Owner or President of Corporation/Company) Authorized Signature/Title (" Ps Fr 1°itti _13rlY��gg�f' .oaa � {.�1u 9, Title MAR 8 1 7014 Date M IAR " : Phillips, Notary Pilhlic On ` `i `1014 Cbefore me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 Notary Public in and\fbr said State C. Phillips, Notary Pllhlir My Commission Expires: LQ (SEAL) 20 C. PHILLIPS 1111 CQMIYl. #1996177 NOxOry Public -California 11 I� m LOS ANGELES COUNITY 6l INIy Com1n. Expires Oct. 29, 2016K �a 20 PR 1 of 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS CONTRACT NO. 5343 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he 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. 5343 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: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1 2 I Lump Sum Mobilization and Demobilization @ Dollars and Cents Lump Sum Lump Sum Traffic Control @ lars and Cents $� �� Lump Sum 100 LF Remove and Construct PCC Type A Curb and Gutter @ — Dollars and Cents $ - $ 7 7 00 Per Linear Foot PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 6 EA Prune Tree Root t4A► @ _LwP2 LyGl�cv� Dollars and Cents $ 307, -- Per 07.'Per Each 5 0 7. 170 LF Install Root Barrier @ Dollars and r Cents $ Z0. $ 3 Per Linear Foot 102,000 SF Cold Mill 2" Asphalt Pavement @ Dollars and 7 _ & Cents $ . Z $ Per SquYrg Foot 13,000 SF Cold Mill 4" Asphalt Pavement @ Dollars and Cents Per Squa e Foot 8. 53000 SF Remove 6" Existing Pavement Section 0 @ 9311_ - Dollars and Cents Per quare Foot 1,400 TON Construct 2" Thick Finish Course AC Type III -C3 -PG 64-10 @va Dollars and Cents Per Ton PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 175 TON Construct 2" Thick Leveling Course AC Type III -B2 -PG 64-10 @low,,zx�,wy Dollars and Cents $ $ D 8 5©• ` Per Ton 11. 190 TON Construct 2" Thick Finish Course AC Type ARHM GG aC�ti ?,rig Dollars and Cents $ $ 1 S Zoo. Per Ton 12. 140 TON Construct 4" Thick Base Course AC Type III -B2 -PG 64-10 Dollars and Cents $ $ 88Lcl. r Per Ton 13. 6 EA Adjust Manhole Frame and Cover to Grade per STD -111-L @,,,), Dollars and Cents $ Le DO. Per Each 14. 7 EA Adjust Water Valve Box and Cover to Grade per STD -511-L @o `ir�evei% Dollars and Cents $ Per Each 15. 44 EA Remove and Replace Traffic Signal Detector Loop �u c @ Dollars and Cents Per Each PR4 of ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Install Striping, Pavement Markings, Red Curb @ Dollars and Cents $ f q PDO. $ 1 Per Lump Sum 17. 11 EA Adjust Water Valve Dox and Cover to Grade per IRWD STD -DWG -W-22 zi&r� L14 Dollars and Cents $ Per Each 18. 2 EA Adjust Manhole Frame and Cover to Grade per IRWD STD -DWG -S-1 @ Dollars and (� Cents $ 7[pS. $ 1 4 3 D • ' Per Each 19. 1 EA Adjust Survey Monument Frame and Cover to Grade per ®CPWD STD. Plan 1405 @ , Dollars and Cents $�.�f�. � Per Each 20. 8 EA Install Raised Truncated Domes and Grind Ramp Lip at Existing Access Ramp 4,41,1� kt, @ Dollars and Cents $ %l.r $ 7 Z O. Per Each 21 1,000 SF Remove and Reconstruct 4 -in Thick PCC Sidewalk @ Dollars and Cents $ g. SO $ Per tqda6Foot PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 1 EA Remove and Reconstruct PCC Cross Gutter Spandrel Dollars and Cents $ /3ocr. 1 $ /3 cc 0. Per Each 23. 11 EA 24. Lump Sum Remove and Construct/PCC Curb Access Ramp @ Dollars U and Cents $ Z�P,S d. $ -a Per Each Provide As Built Drawings @ 3,000 Dollars and Cents $ 3,000.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and V O Cents MAR 3 1 M14 Date (552 V e �,:a FAX (562) 599405 Bidder's Telephone and Fax Numbers STAfFE. U0. 61SK. ,5q 0A' Bidder's License No(s). and Class ification(s) Bidder's email address: -C� Dollars Total Price (Figures) Bidder Q0 :1 EE S1 WE �flr Bidder's Authorized Signature and Title 22vJ t U,i0hf AVENLY4 Bidder's Address "' SEACH, s' 'y 01 ' r r f:\users\pbw\shared\contracts\fy 13-14\c-5343 (cap13-0014) - fy13-14 misc street repairs\proposal c-5343.doc CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of __Los Angeles On . l! before me, C. Phillips, Notary Public (Nero Wert name and title of the ofricer) personally appeared C. P. Brown who proved to me on the basis of satisfactory evidence to be the persortW whose nameW is/m subscribed to the within instrument and acknowledged to me that hehskel cexecuted the same in hisAarldIcir authorized capacity(igo, and that by hisAwz&h6f signature(s) on the instrument the person(§), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C. PHILLIPS It WITNESS my hand and official seal. COMM. #1996177 ° = Notary Public -California N LOS ANGELES COUNTY a My Comm. Expires Oct. 29, 2016 Si ofN Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com 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. terrifying 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 We 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 die 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 Corms by crossing off incorrect forms (i.e. Wshelthey, is late ) 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 cleric. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate tide or type of attached document, nwnber of pages and date. Indicate the capacity claimed by the signer. If die claimed capacity is a corporate officer, indicate the tide (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2013-2014 MISCELLANEOUS STREET REPAIRS CONTRACT NO. C-5343 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day of April, 2014 ("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 Ave, Long Beach, CA 90806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: 2013-2014 Miscellaneous Street Repairs. The work necessary for the completion of this contract consists of: (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement and reconstructing and overlaying roadway; (4) removing and reconstructing curb and gutter; (5) adjusting utilities and survey monument cover to grade; (6) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Plans and Specifications (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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. C-5343, 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 Three Hundred Thirty Nine Thousand Seventy Seven Dollars and 00/100 ($339,077.00). 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, and which loss or expense occurs prior to acceptance of the Work by City. 4. NOTICE OF CLAIMS 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.). PALP, Inc. DBA Excel Paving Company Page 2 5. WRITTEN NOTICE 5.1 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. 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Associate Civil Engineer City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 5.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Bryanna Pascual PALP, Inc. DBA Excel Paving Company 2230 Lemon Ave Long Beach, CA 90806 6. 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 A, and incorporated herein by reference. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 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. 7.2 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, PALP, Inc. DBA Excel Paving Company Page 3 obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 7.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless 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. 7.5 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. 7.6 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. 7.7 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. 7.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. PALP, Inc. DBA Excel Paving Company Page 4 8.1 This Contract may be amended or modified only by mutual written agreement of the parties. 8.2 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. 8.3 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. 9. 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. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. 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. 12. 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 5 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: - By:A"AA'LAW1V'.'0r Aaron C. Frarp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk '%Z"N 1 A CITY OF NEWPORT BEACH, a California mcipalgr ration Date: I Wk0 / By: Rush N. Hi I, Mayor CONTRACTOR: PALP, Inc., a California corporation, DBA Excel Paving Company Date: By: Curtis P. Brown President and Chief Executive Officer Date: Ia n( ;;Z_C) t L( By: Bruce E. Flatt Vice President and Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond PALP, Inc. DBA Excel Paving Company Page 6 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On 41 —2 q-1 L. before me, C. Phillips, Notary Public (Nero insert name and title of the officer) personally appeared C. P. Brown who proved to me on the basis of satisfactory evidence to be the persons whose nameW is/aw subscribed to the within instrument and acknowledged to me that he/she 3xexecuted the same in his&mAb:cir authorized capacity(j@o, and that by his/h vAhtit signature(o on the instrument the person(§), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C. PHILLIPS 3 rr`J= COMM. ##1.998177 M WITNESS my hand and official seal. ' r,rrtary Pubic-californ;a r i,*a1i L. S Afk-IGELES COUNTY " My Comm. Expires Oct. 29, 20161 (Notary Seal) Signitu e ofNoiaVv Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached documat 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 2008_Version CA -PA v124.0.0.7 800-873.9865 www_Notm-yClasses_com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknvledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded muside of Califorrtia 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 jor a notary in California (i.e. terrifying the authorized capacity of the signer). Please check the document carefullyfor 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 Ute time of notarization. • Indicate the correct singular or plural Corms by crossing off incorrect forms (i.e. helshe/they, is /rue ) or circling the correct fomrs. 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 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County Of Los Angeles On before me, C. Phillips, Notary Public (Here insert name and title of the officer) personally appeared Bruce E. Flatt who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/awe subscribed to the within instrument and acknowledged to me that heidmkkay executed the same in hisAwrjW=ir authorized capacity(%O, and that by h isAw,4"y signature" on the instrument the person(s�, or the entity upon behalf of which the person(o 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. C. PHILLIPS I( WITNESS my hand and official seal. W COMM. #1996177 Notary Public -California to tr LOS ANGELES COUNTY LL (Notary Seal) My Comm, Expires Oct. 29,2016K Signature T otary Public 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 2008 Version CAPA v12.1007 800-873-9865 tvww NotaryClasses. com INSTRUCTIONS FOR CONTLETING 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). • Pratt 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. Wshe4ey; 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 EXHIBIT A INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an PALP, Inc. DBA Excel Paving Company Page A-1 insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. Not required. 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 and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: PALP, Inc. DBA Excel Paving Company Page A-2 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. 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. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 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. PALP, Inc. DBA Excel Paving Company Page A-3 G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. 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 A-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 4/24/14 Dept./Contact Received From: Raymund Date Completed: 4/24/14 Sent to: Raymund By: Chris Company/Person required to have certificate: Excel Paving Company Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/13-11/1/14 A. INSURANCE COMPANY: Old Republic General Insurance Corp B. AM BEST RATING (A-: VII or greater): A:IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? NYes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N, Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑, Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N, N/A ❑, Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/13-11/1/14 A. INSURANCE COMPANY: Old Republic General Insurance Corp B. AM BEST RATING (A-: VII or greater) A:IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes 0 No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11/1/13-11/1/14 A. INSURANCE COMPANY: Old Republic General Insurance Cc B. AM BEST RATING (A-: VII or greater): A:IX C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 4/24/14 • Yes ■ • Yes ■ 1,000,000 ►1 Yes ■ ■ ■ Yes ■ ■ /1 Yes ■• /1 ■ - ■ ® N/A ❑ Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) [—]N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. I0d.ftc311 CITY OF NEWPORT BEACH BOND NO. 8233-54-73 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,865.00 , being at the rate of $ various 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 The work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement and reconstructing and overlaying roadway; (4) removing and reconstructing curb and gutter; (5) adjusting utilities and survey monument cover to grade; (6) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Plans and Specifications 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 Three Hundred Thirty Nine Thousand Seventy Seven ($339,077.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. PALP, Inc. DBA Excel Paving Company Page C-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable. attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24th day of April ,2014 . PAI.P Inc. dba Excel Paving Company Name of Contractor (Principal) Federal Insurance Company Name of Surety 15 Montain View Rd, Warren, NJ 07059 Address of Surety (908) 903-2000 Telephone Authorizad,S' &DENT AuthoI"red Agent Signature Douglas A. Rapp, Attomey in Fact _ Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED PALP, Inc. DBA Excel Paving Company Page C-2 1 1 � State of California Countyof Los Angeles On 7q I before me, C. Phillips, Notary Public (Hero vuet name end title of the officer) personally appeared C. P. Brown who proved to me on the basis of satisfactory evidence to be the persorcW whose name(Q is/W subscribed to the within instrument and acknowledged to me that he/4kddWexecuted the same in his/hant6heir authorized capacity(jg.2), and that by his4wjl&tda signatwe(:� on the instrument the person(g), 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 seat. Siguaturcof Nty Public (Notary Seal) L�-- r � Pvt tary PuL�l,c-C { orm s a g/ LO9 At�Cbl CO GL IY n My Con m. Expires Oce 2J, 201'<y 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 to Calfornia murt contain verbiage exccdy on appeare above in she rwtary section or a septate acknowledgment fain must be property completed and attached to that document. The any exception is if a docunren! is to be recorded murine of Cattic"a In Bach iratances, mu, alternative ackrawfedgmem verbiage ar my be primed on such a documeru so long ar the verbiage does nor require the notary to do something dict it mfllegat ft a notary in California Ae. cerliMag the authorized capacity of the Signer). Plean cheek The doarmem carefullyforproper notariat wording and attach Odsfam if required • State and County information must be the State and County where the document signier(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The unitary Public must print his or her time as h appears within his or her cormnission followed by a comma and then your title (notary public). • Print the names) of document sigmer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by Crossing off incorrect forms (Lc halshelthey; is /ere ) or circling the correct forts. Fail= 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 tarn or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different admowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. `v Additional urf ancWtion 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 Me. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the doe (i.e. CEO, CFO, Secretary). • Securely attach this dixa meat to the signed document 2008 Version CAPA v12 10.0.7 800-873-9665 www NotaryCtasses,cam ACKNOWLEDGMENT State of California County of Orange ) On 04/24/2014 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(X) whose name($) isfefe subscribed to the within instrument and acknowledged to me that he/ei'ft y executed the same in his/weir authorized capaclly(ica), and that by hisN aAhair signature(o) on the instrument the person($), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 6E, OFFA.E DEBRA SWANSON WITNESS my hand and official seal,�' ; ' m COMM. # 1997119 M e: g NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY N MY COMM, E�XR NOV % 20 Signature �k�� `i�ti�iltil'\ (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road ^^ Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York Corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California__ __________________--_-------------- ..________ each as their true and lawful Attorney- m- 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, bons and undertakings and other wrongs 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, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and seals on this 16th day of December, 2011. Kenneth C. Wentle, Assistant Secretary sJr.UcePresident STATE OF NEW JERSEY ::::No,, SS. County of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personaliycame Kenneth C. Wendel, tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duty sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, an PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Nums, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norns, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal (1, �c KATHERINE J. ADELAAR NOTARY PUBLIC 16 NEW JFRSFIPR® �yNn, 2316665 YVComrnituion Expires July 14, 20114 1a�' cNotary Public W Jti� CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "Ail powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and'cerofied by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Kenneth C- Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby Partly that (i) the foregoing extract of the By- Laws of the Companies is true an correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island: an (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 24th day of April, 2014. 0 2111, Kenneth C. we ei, Assistant Secretary IN THE EVENT YCU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 02258- U (Ed. 5- 03) CONSENT CITY OF NEWPORT BEACH BOND NO. 8233-54.73 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 The work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement and reconstructing and overlaying roadway; (4) removing and reconstructing curb and gutter; (5) adjusting utilities and survey monument cover to grade; (6) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Pians and Specifications 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 Three Hundred Thirty Nine Thousand Seventy Seven ($339,077.00) 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. PALP, Inc. DBA Excel Paving Company Page B-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the .provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 24tb day of April 2014 . PALP Inc. dba Excel Paving Company Name of Contractor (Principal) Federal Insurance Company Name of Surety 15 Montain View Rd, Warren, NJ 07059 Address of Surety (908) 903-2000 Telephone /Authorized /S/0n�attuurr �theE$I®EN7 Auth ('r' ed Agent Ignature Douglas A. Rapp, Attomey in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED PALP, inc. DBA Excel Paving Company Page B-2 LSJ 01 ES1 Slate of California Countyof Los Angeles On (- 21-1 - I e{ before me, C. Phillips, Notary Public (Hero coat tsame arid nae of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the personal whose name(Q istm subscribed to the within instrument and acknowledged to me that he*ka/kh*xexecuted the same in hisitalwAhair authorized capacity,Q§E), and that by his/tlsrAcit signatum(3) on the instrument the person(§), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C. PHILUPS u y v'nm E.;iires Oct. 29,2016K (Notary Seat) z•— ..�:c„�.—.,-.r; .'.. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of a tacded document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Parmer(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must coram verbiage exactly as appears above in the notary section or a separate ocpwwledgmem foto mart be property completed and aaached to that docwmenL The only exuption is if a donummt it to be recorded master, ofCalifecam. In such i m m,,er, any alterrwtPoe admowkdgmew verbiage as may be printed on such a documem an tong as the verbiage does not require the wary to do something dial it tllegat for a notary in Caltfarnia (i.e. certifying the authorised cgoncity of the signer). Please check The dociumeat carefidlyfor proper notarial wording and attach this farm if required • suite and County information must be the State and County where the document sigier(s) personally appeared before the notsry publiefor acknowledgment. • Dale of notarization must be the date that the signe(s) poraomlly appeared which mutt also be the same date the acknowledgment is completed. • The notary public must print his or her time as it appears within his or her commission followed by a commit and then your title (notary public). • Print the names) of document signer($) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wehettlaeyr is Jere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording .- • The notEry seal impression must be clear and phomgniphically reproducible. Impression must not cover tit# or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different aclmowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. <� Additional irdonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4 Indicate tine or type of attached document, number of pages and date. C• Indicate the capacity claimed by the signer. if the claimed capaelty is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • securely attach this documemto the signed document 2008,Version CAPA x12.10.07.800 873-9865 www Notecyclasses,mm _ _ ACKNOWLEDGMENT State of California County of Orange ) On 04/24/2014 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person($) whose name($) isfere subscribed to the within instrument and acknowledged to me that he/ehefthey executed the same in hisAier{#keir authorized capacity(iea), and that by his!#erAheir signature($) on the instrument the person($), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANSON WITNESS m hand and official seal. w 4'�wo a; DEBRA # 199711 Y COMM. # 1997119 :0 NOfARYPUBIIGCALIFORNiA%0 ORANGE COUNTY N Signature SSP Va � _�Ai� � c (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road SOL Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 CHI 11313 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, 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 a executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals onthis 16th dayor Dececmbber,,-20-11. Kenneth C. Wendel, Assistant Secretary . Norris, Jr., Vce President STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, tome Known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal J. AO` KATHERINE 1. ADELAAR NOTARY PUBLIC NEW JFRSFI �p(FRr s' Nr. 231616 685 Comm"On Etrpires July 14, 2014 G Notary Public 'yEIN JE1'' CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in. Fact for purposes only of examine and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ill) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seats of said Companies at Warren, NJ this 24th day of April, 2014. �r1n Kenneth C. We el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 02256- U (Ed. 5- 03) CONSENT PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS CONTRACT NO. 5343 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements "4-1.3.4 Inspection and Testing SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE 1 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 5 6-7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 6 7-1.2 Temporary Utility Services 6 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 WORK SITE MAINTENANCE 7 7-8.4.3 Storage of Equipment and Materials in Public Streets 7 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BM.Ps) 7 7-8.7.2 Steel Plates 8 7-10 PUBLIC CONVENIENCE AND SAFETY 8 7-10.1 Traffic and Access g 7-10.3 Street Closures, Detours and Barricades 8 7-10.4 Safety 9 7-10.4.1 Safety Orders 9 7-10.5 "No Parking" Signs 10 7-10.6 Notices to Residents 10 7-15 CONTRACTOR'S LICENSES 10 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 11 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-3 PAYMENT 11 9-3.1 General 11 PART 2 CONSTRUCTION MATERIALS 15 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 15 201-1 PORTLAND CEMENT CONCRETE 15 201-1.1.2 Concrete Specified by Class 15 201-2 REINFORCEMENT FOR CONCRETE 15 201-2.2.1 Reinforcing Steel 15 203-6 ASPHALT CONCRETE 16 203-6.4 Asphalt Concrete Mixtures 16 203-6-4.3 Composition of Grading 16 SECTION 214 --- PAVEMENT MARKERS 16 PART3 16 CONSTRUCTION METHODS 16 SECTION 300 ---EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 300-1.3.2 Requirements 17 300-1.5 Solid Waste Diversion 17 SECTION 302 ---ROADWAY SURFACING 17 302-5 ASPHALT CONCRETE PAVEMENT 17 302-5.1 General 17 302-5.4 Tack Coat 18 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302-6.6 Curing 18 SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 18 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303-5.1 Requirements 18 303-5.1.1 General 18 303-5.5 Finishing 19 303-5.5.1 General 19 303-5.5.2 Curb 19 303-5.5.4 Gutter 19 SECTION 307 --- STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 19 307-17 TRAFFIC SIGNAL CONSTRUCTION 19 307-17.7.3 Inductive Loop Detectors 19 SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 19 308-1 General 19 SECTION 310 -- PAINTING 21 310-5 PAINTING VARIOUS SURFACES 21 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 21 310-5.6.6 Preparation of Existing Surfaces 21 310-5.6.7 Layout, Alignment, and Spotting 21 310-5.6.8 Application of Paint 21 "310-5.6.11 Pavement Markers 22 SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 22 312-1 PLACEMENT 22 PARTS 22 SECTION 600 ---MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 22 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 22 600-2.1 Asphalt -Rubber 23 600-2.1.1 General 23 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 23 600-2.6.3 Rolling 23 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS CONTRACT NO. 5343 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing Nos. R -6035-S, T -5918-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works 7 News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517- 0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) establishing traffic control for construction; (3) grinding existing pavement and reconstructing and overlaying roadway; (4) removing and reconstructing curb and gutter; (5) adjusting utilities and survey monument cover to grade; (6) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (7) coordinating with outside utility owners to have their utility facilities raised to grade and (8) other incidental items to be completed in work place required by the Plans and Specifications." SP2OF23 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SP3OF23 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing "4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 3rd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." Add Section 5-7 ADJUSTMENT TO GRADE 5-7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. SP4OF23 The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule." SECTION 6 - PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The City intends to award this contract on April 22, 2014. A pre - construction meeting will be scheduled for 10:00 AM on April 24, 2014 and the Notice to Proceed will be issued that day. The Contractor should plan to start construction on May 12, 2014 to allow completion of work on Newport Blvd. prior to May 23, 2014. Construction on 15th St. shall be performed after June 19, 2014, which coincides with the last day of school. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." SP5OF23 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1 st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. Night work will be required for work on Bonita Canyon Drive, Newport Coast Drive, and MacArthur Boulevard and are subject to the following conditions: 1. Contractor shall schedule work such that all cold milled surfaces are overlaid the same night. 2. Night work hours shall be from 9:00 p.m. to 5:00 a.m. Sunday through Thursday. No work is allowed Friday or Saturday nights. 3. The Contractor shall notify the Engineer two weeks prior to the start of any night work. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. SP6OF23 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water," 7-7 COOPERATION AND COLLATERAL WORK Add to this section: City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar day notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." SP7OF23 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 Water Pollution Control Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: "The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the SP8OF23 Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code." 7-8.7.2 Steel Plates "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades Add to this section: "The Contractor shall submit to the Engineer at least five working days prior to the pre -construction meeting, a traffic control plan showing typical closures and detour plans. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall also conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (WATCH), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. SP9OF23 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic open to vehicles at all times when completing the work on Newport Blvd. 6. The Contractor shall prepare Detour Plans for the work on 15th Street. 7. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 8. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 9. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 10. Contractor shall schedule work such that all cold milled surfaces are overlaid the same working day or night. 11. Contractor shall provide a minimum of 2 changeable message boards (CMB) per work area. Each CMB shall be established one week prior to scheduled construction activities. 7-10.4 Safety 7-10.4.1 Safety Orders Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs SP 10 OF 23 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Sections: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess an "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. SP 11 OF 23 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: `The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, establishing changeable message boards, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans and/or detour plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes SP 12 OF 23 furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. This item shall also include traffic control plans for the two work locations on Superior Avenue. See Bid Items No. 6, 11 and 16 for description of work. Item No. 3 Remove and Construct PCC Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing PCC curb and gutter, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 18 inches. Item No. 4 Prune Tree Root: Work under this item shall include root pruning and disposal per Section 308-1, restoring existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 5 Install Root Barrier: Work under this item shall include installing root barriers per Section 308-1, restoring existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 6 Cold Mill 2" Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings, sawcutting, and all other work items as required to complete the work in place. After Contractor has cold milled a street they shall, at a minimum base pave the area, within 72 hours. This item shall also include two work locations on Superior Avenue. (1) Southbound outside lane starting at Hoag Health Center extending approximately 330 feet to the south (330 ft x 17 ft); and (2) Southbound outside lane starting at Hospital Road extending approximately 220 feet to the south (220 ft x 13 ft). Exact areas will be marked in the field. Item No. 7 Cold Mill 4" Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings, sawcutting, and all other work items as required to complete the work in place. After Contractor has cold milled a street they shall, at a minimum base pave the area, within 72 hours. Item No. 8 Remove 6" Existing Pavement Section: Work under this item shall include removing the asphalt roadway to a depth below existing finished grade as shown SP 13 OF 23 on the drawings, sawcutting, and all other work items as required to complete the work in place. Item No. 9 Construct 2" Thick Finish Course AC Type III -C3 -PG 64-10: Work under this item shall include all labor, tools, equipment and material costs for constructing 2" thick asphalt pavement overlay type III -C3 -PG 64-10, tack coating and all other work items as required to complete the work in place. Item No. 10 Construct 2" Thick Leveling Course AC Type III -B2 -PG 64-10 (2" thick): Work under this item shall include all labor, tools, equipment and material costs for pavement clearing, installing crack sealer, tack coating, a minimum 2" AC leveling course type 111 -62 -PG 64-10 placement, subgrade and leveling course compaction and all other work items as required to complete the work in place. Item No. 11 Construct 2" Thick Finish Course AC Type ARHM GG: Work under this item shall include all labor, tools, equipment and material costs for constructing 2" thick asphalt pavement overlay type ARHM, tack coating and all other work items as required to complete the work in place. This item shall also include two work locations on Superior Avenue. (1) Southbound outside lane starting at Hoag Health Center extending approximately 330 feet to the south (330 ft x 17 ft); and (2) Southbound outside lane starting at Hospital Road extending approximately 220 feet to the south (220 ft x 13 ft). Exact areas will be marked in the field. Item No. 12 Construct 4" Thick Base Couse AC Type III -B2 -PG 64-10: Work under this item shall include all labor, tools, equipment and material costs for constructing 4" thick base course asphalt concrete type III -132 -PG 64-10 and all other work items as required to complete the work in place. Item No. 13 Adjust Manhole Frame and Cover to Grade per STD -111-L: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade per CNB STD -111-L and all other work items as required to complete the work in place. Item No. 14 Remove Existing and Replace New Water Valve Box and Cover to Grade per STD -511-L: Work under this item shall include removing the existing water valve boxes and installing new water valve boxes and covers to grade per CNB STD - 51 1-L and all other work items as required to complete the work in place. Item No. 15 Remove and Replace Traffic Signal Detector Loop: Work under this item shall include all labor, tools, equipment, and material costs to remove and replace traffic signal detector loops (presence loops shall be Type E per Caltrans STD PLANS ES -5A and ES -513), make electrical connections and wirings to existing pull boxes, test and calibrate the new signal loop detectors and all other work items as required to complete the work in place. This item shall include 2 front loops on Superior Avenue, southbound at Hoag Health Center. SP 14 OF 23 Item No. 16 Install Striping, Pavement Markings, Red Curb: Work under this item shall include removing and installing traffic striping, pavement markers, red curb and all other work items as required to complete the work in place within the work limits. This item shall include removing and installing all pavement legends. This item shall include the high visibility crosswalk at Newport Blvd Northbound and 26th Street per Plan T -5918-S, Delta No. 1 Revision. This item shall also include two work locations on Superior Avenue. (1) Southbound outside lane starting at Hoag Health Center extending approximately 330 feet to the south (330 ft x 17 ft); and (2) Southbound outside lane starting at Hospital Road extending approximately 220 feet to the south (220 ft x 13 ft). Exact areas will be marked in the field. Item No. 17 Remove Existing and Replace New Water Valve Box and Cover to Grade per IRWD STD -DWG -W-22: Work under this item shall include removing the existing water valve boxes and installing new water valve boxes and covers to grade per IRWD STD -DWG -W-22 and all other work items as required to complete the work in place. Item No. 18 Adjust Manhole Frame and Cover to Grade per IRWD STD -DWG -S- 1: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade per IRWD STD -DWG -S-1 and all other work items as required to complete the work in place. Item No. 19 Adjust Survey Monument Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operations, survey monument frames and covers to grade per OCPWD STD. Plan 1405 and all other work items as required to complete the work in place. Item No. 20 Install Raised Truncated Domes and Grind Ramp Lip at Existing Access Ramp: Work under this item shall include, but not limited to, grinding concrete curb access ramp lip from the back of the depressed curb to flush against adjacent gutter or roadway, sawcutting, removing and disposing of conflicting portions of concrete access ramp, and constructing concrete base, installing minimum twelve square feet of raised truncated domes per CNB STD -181-L, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be `Terra Paving" as manufactured by Wausau Tile, Inc (562) 716- 8677 of Southern California. Item No. 21 Remove and Reconstruct 4 -in Thick PCC Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, sub grade compaction, constructing the 4 -inch thick PCC sidewalk as shown on plan and as marked in the field, and all other work items as required to complete the work in place. Contractor shall protect in place utility vent(s) and traffic sign(s) in the work area. SP 15 OF 23 Item No. 22 Remove and Reconstruct PCC Cross Gutter Spandrel: Work under this item shall include sawcutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, construction of concrete cross gutter spandrel per applicable portion of CNB STD -185-L, and all other work items as required to complete the work in place. Item No. 23 Remove and Construct PCC Curb Access Ramp: Work under this item shall include sawcutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, construction of concrete access ramp per City standard plan, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin or equal. Item No. 24 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $3,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings." 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - CONCRETE MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class Add to this section: "Portland Cement concrete for construction shall be Class 560-C- 3250." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SP 16 OF 23 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures 203-6-4.3 Composition of Grading Add this Section: "Asphalt Concrete for the finish course shall be C3 64-10 and 132 64- 10 for the base course. On 15th Street, the asphalt concrete used for surface cap shall be Asphalt -Rubber Hot Mix Gap Graded (ARHM GG)." SECTION 212 --- LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.6 Root Barriers. Root barriers shall be Century Products CP Series or approved equal. Root barriers shall be installed linearly, 15 -ft long, 30 -inch deep behind the back of curb. Refer to Section 308-4.3 and construction drawings for locations of root barriers. SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.asDx?paqe=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General SP 17 OF 23 Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-Y2 inch" of the last sentence with the words "two (2) inches". Add the foliowina Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SECTION 302 ---ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General Add to this section: "All cracks'/ -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the SP 18 OF 23 Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 2 inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. Where dig outs are required, contractor shall grind down the top 2 inch overlay layer, as specified per plan, prior to making repairs. Dig outs shall then be based paved flush with ground surface so that the finish course is placed in one lift. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." SP 19 OF 23 303-5.5 Finishing 303-5.5.1 General Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 --- STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 307-17 TRAFFIC SIGNAL CONSTRUCTION 307-17.7.3 Inductive Loop Detectors Amend this Section to include: "Traffic signal loop detectors shall be installed per Caltrans Standard Plans ES -5A and ES -56 and shall be Type E spaced ten feet apart. Front loops shall be a 6' diameter, modified Type E per the Traffic Signal Specifications Supplemental and will be placed immediately behind the limit line/crosswalk. Bike loop shall be 3'x6' (Type D). Loop wire shall be Type 2. Loop Sealant shall be Hot -Melt Rubberized Asphalt sealant. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement course placement." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for SP 20 OF 23 ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 32" for curbs, and shall be made as far away from the tree base as possible. 4. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. SP 21 OF 23 e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces Modify and amend this section to read: `The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting Modify and amend this section to read: `The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint Add to this section: `Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. SP 22 OF 23 If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re- stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section: "310-5.6.11 Pavement Markers All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290." SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT Amend this section with: The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." SECTION 600 ---MODIFIED ASPHALTS PAVEMENTS AND PROCESSES Add the following Section 600-2 — "CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS City of Newport Beach FISCAL YEAR 2013-2014 MISCELLANEOUS STREET REPAIRS Contract No. 5343 go APPENDIX "A" • IRWD STANDARD PLAN NO. STD -DWG -S-1 • OCPWD STANDARD PLAN NO. 1405 3 x} rlz � "y{o p 3 a (] 41 Y pll �Ea <=±�� Z. n'O�F�V �a��}}• y �w z�ol � I -ala ° w m z ° qq�g ¢r5 z > a O z Zi > O 5 Y }�y'�(Q } 9 }e loh p Uw z O�O�O O O a> a z9 ay alae r1 5 zo g oq F . w'd U v I4 !V J9 h N � o p kU°o 0 b z 'Yyo u�� c� S < N tl Z 0 1 Z @ QZ 4 i a I z <a U r � a 4?I od a z .� U r SU U N a0 12g� Vb ~ Ra Za m3� ryZyo y F m ww a MzS Kppp y, 68 W b• n €26 7 UfFLL� Uy U U J ¢¢I! p Wgw �OQK�W��yi pp OG >>U 0. Os ST�R1a-� 90 Y�=F tvlJ Y ,- y.. � U07jOjK 6 2 88 gZt eeUr zz�� lyyi� tai b Ra NFo biz z6 aAzB UR ^I cir Z l/� � N circ J�N� 4f/r 'f ��00 v,.4 t i 00 of a . Zoo Z�E 2 U g d y'i M �u yi 4 U 0 � Nlry 'XVW at 'NIA .14 WN ,O ^,tr ,g + '0'0 mw 0-,l 0 0Z a� mu oz �* mq❑q pF a y_� S g rc� o Elh- W> U N M T O�b�V w FW N p ei� 2ILI p2 V� �'=F •�. J�O Z ° m V 2z n nevi rime n QQ� mk m_ m 0 = a aE 6 FR p2 3 pN ° 2 ¢ p b Z pow tq F 0.0 N y) in x K V 7 em as x U �S Zp S TF iqoq eT m� ¢ N z a OZg '4 tt op p3zo n a z G o 0 o v'1 a F V� �? n �•¢ N LL� 4 gSg S pp � Z Q Tie 2' fromctr. PLAN Spike & was her CL I A Tie 2' from ctr. Spike & washer IY2 " AC www�i� 2" Dia. hole (See Note 1) t P N Tie 2` from ctr. Spike & washer A ast letters raised Ye " SURVEYOR Cost iron y frome & cover eOUNR� +• TOP COVER DETAIL —eCz" Tie 2' from ctr. Or "SURVEY Spike & washer MONUMENT" MIMI Cast iron �_ frame & cover Concrete collar 1 Finished street pavement ° c NOTES: s" Vitrified ° I. Hole shall be filled with clay pipe W+ grout and marked with long. on identifying monument by the surveyor. 2. Use of spike and ;0 g washer is at discretion and approval of County Surveyor. (S" Mon t—'—'i7" Mox. SECTION A -A SURVEY MONUMENT TYPE "A" COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT Approved Revision: April 2013 IgnaCaOl SURVEY MONUMENT TYPE "A" 3. All concrete shall be per Standard Plan 1$03. 4. Corner Record or Record of Survey will be required. r SHT. 1 OF CITY OF 1 NEWPORT BEACH City Council Staff Report April 22, 2014 Agenda Item No. 5. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeach.gov PREPARED BY: Frank Tran, Associate Civil Engineer PHONE: 949-644-3340 TITLE: Miscellaneous Street Pavement Repairs —Award of Contract No. 5343 (CAP13- 0014) ABSTRACT: Staff has received construction bids for the Fiscal Year 2013-2014 Miscellaneous Street Pavement Repairs project and is requesting City Council's approval to award the contract to PALP, Inc. DBA Excel Paving Co. RECOMMENDATION: a) Approve the project drawings and specifications; b) Award Contract No. 5343 to PALP, Inc. DBA Excel Paving Co. for the total bid price of $339,077.00 and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $35,000.00 (approximately 10%) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 14BA-041 transferring $43,000 from Account No. 7282- C2001009 to Account No. 7282-C2002047. FUNDING REQUIREMENTS: Upon approval of the proposed budget amendment, following account for the award of this contract: Account Description Account Number Measure M Fair Share 7282-02002047 Total: there will be sufficient funding in the Amount $ 392,000.00 $ 392,000.00 201 Proposed uses are as follows: Vendor PALP, Inc. DBA Excel Paving Co. PALP, Inc. DBA Excel Paving Co. Harrington Geotechnical, Inc. Various DISCUSSION: Purpose Construction Contract Construction Contingency Pavement Testing Printing & Incidentals Total: Amount $ 339,077.00 $ 35,000.00 $ 16,636.00 $ 1,287.00 $ 392,000.00 At 10:00 a.m. on March 31, 2014, the City Clerk opened and read the following bids for this project: The low bid amount is 13% higher than the Engineer's Estimate of $300,000. The low bidder, PALP, Inc. DBA Excel Paving Co., possesses a California state contractor's license classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. PALP, Inc. DBA Excel Paving Co. also completed the Miscellaneous Street Paving project for the City in 2012. The work necessary to complete this contract includes repairing the existing pavement on various arterials throughout the City as shown on the Location Map. This contract also includes isolated dig -outs, asphalt grind and overlay, pruning tree roots and installing tree root barriers. Staff recommends including a contingency allowance of approximately 10% to cover the cost of unforeseen conditions. Pursuant to the contract specifications, the Contractor will have 60 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: 202 BIDDER TOTAL BID AMOUNT Low PALP, Inc. DBA Excel Paving $ 339,077.00 Co. 2 Hardy & Harper, Inc. $ 343,000.00 3 All American Asphalt $ 384,384.00 4 The R.J. Noble Company $ 397,061.00 5 United Paving Co. $ 532,131.00 The low bid amount is 13% higher than the Engineer's Estimate of $300,000. The low bidder, PALP, Inc. DBA Excel Paving Co., possesses a California state contractor's license classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. PALP, Inc. DBA Excel Paving Co. also completed the Miscellaneous Street Paving project for the City in 2012. The work necessary to complete this contract includes repairing the existing pavement on various arterials throughout the City as shown on the Location Map. This contract also includes isolated dig -outs, asphalt grind and overlay, pruning tree roots and installing tree root barriers. Staff recommends including a contingency allowance of approximately 10% to cover the cost of unforeseen conditions. Pursuant to the contract specifications, the Contractor will have 60 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: 202 Description Attachment A - Location Map Attachment B - Budget Amendment 203 ATTACHMENT A 204 r BONITA CANYON DRIVE �PC x I x >� 0a 1 x NEWPORT BLVD. MACARTHUR BLVD. NEWPORT COAST DR. SAN JOAQUIN HILLS RD. (26TH TO 30TH STREETS) @ COAST HWY. EAST @ RIDGE PARK RD. FREE RIGHT @ JAMBOREE RD. ----------------- tl 115TH STREETI C\ 15TH STREET 1 I ORANGE AVE SOL SA AN 'AESR.IINSTER AVE SMIIA ANA AVE RMLANOAVE 15TH STREET MISC. REPAIRS CITY OF NEWPORT BEACH FY13-14 Miscellaneous Street Pavement Repairs PUBLIC WORKS DEPARTMENT Location Map C-5343 04/22/2014 204 ATTACHMENT B City of Newport Beach NO. BA- 14BA-041 BUDGET AMENDMENT 2013-14 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $a3,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance fX1 No effect on Budgetary Fund Balance To transfer Measure M expenditure appropriations to fund FY14 Miscellaneous Street Pavement Repairs through award of the contract to PALP, Inc. DBA Excel Paving Co. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Credit Description Description Division Number 7282 Measure M2 - Fair Share Account Number C2001009 Sidewalk/Curb/Gutter & ADA Division Number 7282 Measure M2 - Fair Share Account Number C2002047 Major Arterial Street Repair Program Signed: Signed: Signed: Approval: City Council Approval: City Clerk $43,000.00 $43,000.00 Date dlc,V, Date Date MIR