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HomeMy WebLinkAboutC-9148-1 - Storm Drain System UpgradesCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk March 21, 2025 PALP, Inc. dba Excel Paving Company Attn: Mr. Kenneth Corry 2230 Lemon Avenue Long Beach, CA 90806 Subject: Storm Drain System Upgrades Contract No. 9148-1 Dear Mr. Corry: On January 14, 2025, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 15, 2025, Reference No. 2025000029559. Enclosed is the released Labor & Materials Payment Bond. Sincerely, OAU-j �, Leilani I. Brown, MMC City Clerk Enclosure _*A:Ii 3ltr1 CITY OF NEWPORT BEACH BOND NO. K41870783 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to PALP, Inc. dba Excel Paving Company hereinafter designated as the "Principal," a contract for Storm Drain System Upgrades; Iris Avenue & Jasmine Avenue — storm drain piping and appurtenances, pavement and curb removal and replacement, metal beam guard rail and related minor construction; and, Port Edward Circle — pavement removal and replacement, PVC subdrain, piping and related minor construction, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Federal Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Sixty Three Thousand Eight Hundred Twenty Eight Dollars ($463,828.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as PALP, inc. dba Excel Paving Company Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the loth day of July , 20 24 . PALP Inc, dba Excel Paving Company Name of Contractor (Principal) Federal Insurance Company Name of Surety 555 S. Flower Street, 3rd Floor Los Angeles, CA 90071 Address of Surety 213-612-5574 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:; / �( By: Aa on C. Harp '7S City Attorney Z �-� Authorized Signature/Title C his P. Brown, III, President CA Authoriz Agent Signature Douglas A. Rapp, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED PALP, Inc. dba Excel Paving Company Page A-2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On �q Ib ?.az before me, Myisha Monique Riven, Notary Public , Notary Public, (Here insert name and title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a)6 subscribed to the within instrument and acknowledged to me that he/sje/tfgy executed the same in his/*/tb* authorized capacity(ies), and that by his/1*/th)0 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. QV 2aJkfe Signature of N ary Public MYISHA MONIQUE RIVEN COMM. #2377053 M X . ' ' , , . Notary Public -California iL =>, LOS ANGELES COUNTY a (Notary Seal) My Comm. Expires Sep 30, 2025 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notmy in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/they; is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. - All Rights Reserved www.TheProLinkcom - Nationwide Notary Service ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On July 10, 2024 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(*) isfyre subscribed to the within instrument and acknowledged to me that he/_"4eA11r#W executed the same in his#mrMgvW authorized capacity(r*e), and that by hisAwnOieir signature(`.) on the instrument the person(4), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 2�Pfy0FTyE DE8RA SWANSON WITNESS my hand and official seal. N �" Jm COMM. # 2335630 X NOTARY PUBLIC-CALIFORNIA N ORANGE COUNTY N MY COMM. EXP, NOV 10, 2024 Signature (Seal) CHUBB� Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company ( ACE American Insurance Company Know Ali by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Ladera Ranch, California----------------------------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 11th day of April 2024. Rupert HD Swindells. Assistant Secretary ®rkr- 24 STATE OF NEW JERSEY County of Hunterdon ss. W.-irren Eichhorn. VicePlesiderH hpR,J � • �, 01ITER, On this 11th day of Aprfl, 2022 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, tome known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Eichhorn, being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal t c r G HOTAR� 2 AUgLirh'.� �'JEY' Albert Contursi NOTARY PUBLIC OF NEW JERSEY No 50202369 Commission Expires August 22,2027 Notary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment'): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in - fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments ofthe Company as may be specified in such written appointmenk which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limitor otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this July 10, 2024 RD Swindells, Assistant Secretary IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone 906 903-3493 Fax 908 903-3656 e-mail: surety9chubb.com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) 1/15/25, 11:27 AM Batch 18621464 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II 111 II III II III II I II I III 111 NO FEE *$ R 0 0 1 5 3 6 5 0 9 3 $ * 202500002955911:14 am 01115/25 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and PALP, Inc. of Long Beach, California, as Contractor, entered into a Contract on 07/23/2024. Said Contract set forth certain improvements, as follows: Storm Drain System Upgrades Contract No. 9148-1 Work on said Contract was completed, and was found to be acceptable on January 14, 2025, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Rapp Sureties. BY '/ David Webb, Publid Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. / Executed on y'0 at Newport Beach, California. BY https://gs.secure-erds.com/Batch/Confirmation/l8621464 3/4 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and PALP, Inc. of Long Beach, California, as Contractor, entered into a Contract on 07/23/2024. Said Contract set forth certain improvements, as follows: Storm Drain System Upgrades Contract No. 9148-1 Work on said Contract was completed, and was found to be acceptable on January 14, 2025, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Rapp Sureties. BY -/ David Webb, PublidWorks Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on TMVjW I Jc y'V at Newport Beach, California. m Leilani I. Brown, City v CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 26th day of June, 2024, at which time such bids shall be opened and read for Storm Drain System Upgrades Project 23D02 Contract No. 9148-1 $400,000 Engineer's Estimate Approved by /James M. Houlihan putt' PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.121anetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19t" Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Anna Baldenegro, Project Engineer at (949) 644-3034 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/qovernment/data-hub/online-services/bids-rfps-vendor- registration City of Newport Beach Storm Drain System Upgrades Project 23D02 Contract No. 9148-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach Storm Drain System Upgrades Project 23D02 Contract No. 9148-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been revie :"d,. STATE LIC# 688659 Curtis P. Brown III A C12. C31 President Contractor's License No. & Classification Au orized Signature/Title DIR#1000003331 S1la(v JUN 26 2024 DIR Registration Number & Expiration Date Date PALP, INC D5A Bidder 5 Ci of New; ;ort Beach Storm Drain S,,. stem U:.--rades Pro'ect 230102 Contract No, 9148-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of the total amount of the bid Dollars ($ lo% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Storm Drain System Upgrades 23D02, Contract No. 9148-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. . If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 7tr, day of Ju a _ . 2024. PALP Inc, dba Excel Pavim_Com;,an; Name of Contractor (Principal) Authorized SignaturetTitle Curtis P. Brown, III, President Federal insurance Corn; an, Name of Surety 555 S. Flower Street, 3rd Floor Los Angeles, CA 90071 Address of Surety 213-612-5574 Telephone horized Agent Signature Dou,. las A. Rar fLMomer in Fact ._._. Print Name and Title (Notary acknowledgment of Princi al & Suret must be attached) ORA •+ ��' i PRIL.7 6 ' *'•, igi31 IFI i ! `P ACKNOWLEM"Cr ENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On June 07, 2024 before me, Debra Swanson. Notary Public _ (insert name and title of the officer) personally appeared._ Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/am subscribed to the within instrument and acknowledged to me that heA0mAIqoy executed the same in hisMerOtHeir authorized capacity(ee), and that by his#mt#ve4r signature() on the instrument the person(s); or -the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A �F. DEBRA SWANSON Cal, ' " ' s�` COMM. # 2335630 X �° ;. Q NOTARY PUBLIC•CALIFORNtA p; ! ORANGE COUNTY MY COMM. EXP, NOV 10, 2024 (Seal) -. Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTERFIRE INSURANCE COMPANY andACEAMERICAN INSURANCE COMPANY corporations ofthe Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Ladera Ranch, California ---- --- — — --- ---- ----------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seats to and deliver for and on their behalf as suretythcroon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. in SVltness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this filth day of April 2024. Etttpet: Ht] Stv'adelCs Assistact Secretary STATE OFNEW JERSEY County ofHunterdon SS. Warrui fichhc1fn.VicePR`4jCnt Onthisllm day of April,2022beforeme,allotaryPublicofNowJersey,personallycameRupertHDSwindellsandWarrenEichhorn,tomeknowntobeAssistantSecretaryandVice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Efchhorn, being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority ofsaid Companies; and that their signatures as such officers were duly affixed and subscribed bylike authority. Notarial Seal Aftwt Contursi NOTARY VIiBLtCtlF NEW JERSEY =r 'ii Mo 502Q}369 commission Expires August 22.4027 Kays Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 31), 2016; WESTCHESTER FIRE INSURANCE COMPANYon December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009; "RESOLVED, that the following authorizations relate to the execution, for and on behatf of the Company, of bonds, undertaldngs. recognizances, contracts and other written commitments of the Company entered Into in the ordinary mum ofbusiness (each a "Written Commitmene): (1) Each of the Chairman, the President and the Vice Presidents of the CompaW is hereby authorized to execute any Written Commitment forand on behalfofthe Company, under the seal ofthe Company or otherwise. (2) Each duly appointed attorney -in -fact ofthe Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under the seal ofthe Company or otherwise, to the exmntthatsuch action isauthorized by the grant of powers provided for In such person's written appointment as such attomeyln-fact (3) Each of the Chairman, the President and the Vim Presidents of the Company is hereby authorized, for action behalf ofthe Company, to appoint in writing any person the allarney-in- fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal ofthe Companyor otherwise, such Written Commitments ofthe Company as may be specified In such written appointment, which specification may be by general We or class of Written Commitments or by specification of one or more particular Written Conamltmenrs. (41 Each of the Chairman, the President and the Vim Presidents of the Company is hereby authorized, for and on behalfof the Company, to delegate in writing to any other officer of the Company the authority m execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments ofthe Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or byspecificatim ofone or more particular Written Commitments. (S) The signature ofany officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESDLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement ofthe powers and authority of ofiioem, employees and other persons to act for and on behalf of the Company. and such Resolution shall not llmft or otherwise affect the exerctw ofany such power or authority otherwise validly granted or vested' I, Rupert HO Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSU RANCE COMPANY, PACIFIC IN DEMNiTY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true, correct and in full farce and effect. (it) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Whitehouse Station, NJ, this June 07, 2024 near. ftdper.H3 Sri'ieie][s,..Lastant3e.�'etar,% MITE EVENT YOU WISH TO VERIFY 71TE AUTHENTICITY OF THIS BONG OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Tele hone 908 903.3493 Fax,908-i903-3696 e-mail; surcrs®chubb.mm Combined: FED-VG-PI-VYFIC-AAIC (rev, 11-19) CALIFORNIA ALL- PURPOSE CERTIFICATE OF AC'U�u�` V_1t1igLEDGkEu�.IT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document'to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _- _ Los Anjeles_ On JUN 18 2024 before me, R. Covington Notary Public , -_ ere Oise: name ao le_ o'i e o_ leer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/axe subscribed to the within instrument and acknowledged to me that hel;y executed the same in his/fir authorized capacity(ies), and that by his/hemltir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �fr>, R.COVINGTON n or. CUiti ut333682 0 hz-tar, Public-Calitornla LO5 ANGELES COUNTY LL `=_'.L' �My Cemni. Erplres Qec 8. Z024 Natary 06611c Signature tj (Notary Public Seal) INSTRUCTIONS FOR COITLETTNG THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regardingnorary wording and DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents beingsent to that state so long as the wording does not require the California notary to violate California notary law. (ritie or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. . Date of notarization trust be the date that the sigtier(s) personally appeared which (1 ille or description of attached document continued) must also be the same date the acknowledgment is completed. . The notary public must print his or her name as it appears within his or her (Number of Pages Document Daft _ commission followed by a comma and than your title (notarypublic), l— . Print the name(s) of document sigoer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wsheldwy;- is lepe ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. $�( Co orate Officer a the notary seal impression must be clear and photographically reproducible. resident Impression must not cover text or lines. if seal impression smudges, re -seal if a - sufficient area permits, otherwise complete a different admowledgrumt form. ❑ Partner(s) . Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attomey-in-Fact 0 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other 4. Indicate title or type of attached document, number of pages and date. ❑ _- _ - _ i indicate the capacity claimed by the signer. If the claimed capacity is a --- - - corporate officer, indicate the title (i.e. CEO, CFO, Secretmy). 2015 Version www.NotaryClasses.com 800-873-9865 11 Securely attach this document to the signed document with a staple. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) SS. On IIIN 18 2021 , 20 before m , M�� A 1"toln,�,u_ �ttGy� Notary Public, personally appeared Curtis• Brown 111 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MYISHA MONIQUE RIVEN n COMM. #2377053 M Notary Public -California LOS ANGELES COUNTY LL t4 e d �My Comm. Expires Sep 30, 2025 Signatur ,, (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. City of Newport Beach Storm Drain System Upgrades Proiect 23D02 Contract No. 9148-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. PALP, INC DSA f' EXCEL PAVING COMPANY Bidder Autporiized Signature/Title Curtis P. Brown III President E City of Newport Beach Storm Drain System Upgrades Project 23D02 Contract No. 9148-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. PALP,1N' 35A Bidder's Name EXCELPA%1ING COMP.1W FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NONRESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ To: Telephone ( Final Contract Amount $ SEE ATTACHED If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ To: Telephone ( ) Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ To: Telephone ( ) Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. pALP, INC :)SA EXCEL PAVING COMPANY r F Bidder Aufiorized Signature/Title Curtis I.,. _gown ill r President 13 City of Newport Beach Storm Drain System Upgrades Project 23D02 Contract No. 9148-1 NON -COLLUSION AFFIDAVIT State of California ) ) SS. County of Los Angelep Curtis P. Brown III , being first Rm",Zi uses and says that he or she is r--esideni of EXCEL PAI ING, ('nA,iPANY , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declapreA d rpenalty of perjury of the laws of the State of C ►f, mia that the foregoing is true and correct. i l,, DSA ,/�/ Curtis R Brown ll! EXCELPAVING ,,, 50- r.� G CU�1t , 1Y resident Bidder Authdzed Signature/Title Subscribed and sworn to (or affirmed) before me on this day of HUH 2 5 202'2024 by Curtis P. Brown III proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MYISHA MONigUE RIY m s- COMM. #2377053 01 Notary Public -California a LOS ANGELES COUNTY n [SEAL] 1111 I N/l:- MY Comm. Expires Sep 30, 2025 oR APRIL 7, * %,. 1981 �N ,. ., Li •• ..... 14 .,'1C IFO� .0 '���min1100 Public My Commission Expires: 01• 12) D • 2-5 City of Newport Beach Storm Drain System Upgrades Project 23D02 Contract No. 9148-1 DESIGNATION OF SURETIES PAT INr'OBA Bidder's name EXCEL PAVING COMPANY Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): OD /DIA ISM'_ Olga IA Olgo- -- - 15 City of Newport Beach Storm Drain System Upgrades Project 23D02 Contract No. 9148-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL PAT INC OM Bidder's Name EXCEL PAVING COMPANY Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2023 2022 2021 2020 2019 Total 2024 No. of contractsp' �,) '1 a j 5 Total dollarAmount o C ntractsf(in 1'�i � ko (�� ` �� j,A� �`OtlJ"1 �jLj(A Thousands of $ �� AID No. of fatalities D 0 p No. of lost Workday Cases Z ( t 0 Q� No. of lost workday cases involving permanent O b o 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 PALP, INC DBA EXCEL PAVING Legal Business Name of Bidder 2230 LEMON AVE Business Address: LONG BEACH, CA 9080b Business Tel. No.: 562) 599-5841 State Contractor's License No. and STATE LIC# 688659 Classification: A. C12, C31 Entity Type: OORPORATION The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder `L---- 0- Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Curtis P. Brown III PrP,,idf-nt Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. I[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED1 17 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles } it (:,ONUa. 42331G92 N i�i ry Public-C'alifoTrN�- LO �, P;G i E5 iHItJTY o. On JUN 2 6 2024 before me, R. Covington, Notary Public , sere nse i—name a3 Ellie Q-. o cer personally appeared Curtis P. Brown III and Crissa A. Phillips , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hei /they executed the same in tibaw/their authorized capacity(ies), and that by htgAmr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Y R. COVINUIDN `n WITNESS my hand and official seal. CorX.t. 023396W V. j hc,-Ct.1ifu , r, � r Pu �. LL re (Notary Public Seal) `'f INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION ntsformcomplies with current Callfornfastatutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT ffneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) •, State and County information must be the State and County where the document siguer(s) personally appeared before the notary public for acknowledgment. __._.._. . Date of notarization must be the date that the signer(s) personally appeared which f rltle or descripton of attached document continued) must also be the same date the acknowledgment is completed. . The notary public must print his or her name as it appears within his or her Number of Pages Document Dale commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of _.R notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/Ntay; is /ate) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression most be clear and photographically reproducible. Impression must not cover text or fines. If seal impression smudges, re -seal if a (°t'111e) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact + Additional information is not required but could help to ensure this ❑ Trustee(s) aclmowledgment is not misused or attached to a different document. 4 Indicate title or type of attached document, number of pages and date. ❑ Other r` Indicate the capacity claimed by the signer. If the claimed capacity is a c rate officer indicate the title (i a CEO CFO Secretary) 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. City of Newport Beach Storm Drain System Upgrades Proiect 23D02 Contract No. 9148-1 ACKNOWLEDGEMENT OF ADDENDA PALP, INC DSA Bidder's name EXCEL PAVING COMPANY The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 4040 Addendum No. Date Received Signature 18 City of Newport Beach Storm Drain System Upgrades Proiect 23D02 Contract No. 9148-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: PALP, INC OSA Name of individual Contractor, Company or Corporation: EXCEL PAVING COMPANY 2230 LEMON AVE Business Address: LONG SFAr.N ('A gce06 Telephone and Fax Number: 562) 599-5841 FAX(562)591 7485 California State Contractor's License No. and Class: STATE LIC# 688659 (REQUIRED AT TIME OF AWARD) A, C Original Date Issued: 5 11W Expiration Date: ua(, List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Curtis P. Brown III President 2230 LEMON AVE David A. Orukker Vice President i nNG aE r� CA PQRW 562) 999-5841— An i. uuach Chief Financial Officer $tefani A. Moreno Secretary Secretary Corporation organized under the laws of the State of California `` t%%%1I111N/1�//i `•�� Q Go(iP0%igT�•• ��� APRIL 7, 19 * '.• 198f � /FOEZ��0 ��� 1'itn� 111W The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: PALL, IN-- DBA EXCEL For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers.of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explai Have you ever failed to complete a project? If so, explain.. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor coinpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /( No 20 Are any claims or actions unresolved or outstanding? Yes /(o) If yes to any of the above, explain. (Attach additional sheets, if necessary) HE Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. DALE', INC 33A EXCEL PAVING CO;1I' �{Yr►rrp/16 Bidder �• Ap 01. APRIL 7, 198-1- c•...... q� /FOR�����` Curtis P W V-� - (Print name of Owner or President of Corporation/Company) Authorized Signature/Title Curtis P. Brown III President Title JUN 2 6 2024 Date On J U N 2 6 2024 before me, tA'J' ,N A AOdlf Q0( O^*UA, Notary Public, personally appeared Curtis P Brown II , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islaA subscribed to the within instrument and acknowledged to me that he/spAW9 executed the same in his/h&ttir authorized capacity(ies), and that by his/hw%thRrr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 11' 1�J1V LS.4t%�.n Notary Public in and for said to My Commission Expires: 2-MA-5 21 (SEAL) MYISHA MONIQUE RIVEN COMM.#2377053 n 60 _ Notary Public -California U. LOS ANGELES COUN TY a 0� My Comm. Expire$ Sep 30, 2025 � z City of Newport Beach Storm Drain System Upgrades Project 23D02 Contract No. 9148-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 9148-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ,;� �t Date 6,6ry Z�46 -- G��I Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classifications) I ov-oao jj3I DIR Registration Number �G. Bidder Bidde 's Authorized Signature and Title 271-j L.bj BAN , 4n� L?VW,6 Bidder's Address Bidder's email address: PR-1 TONY FRATANGELO 562 843 0722 tfratangelo(W.exceli)avinp.net PROFILE Experience and driven Underground Superintendent with over 15 years of experience in the construction management industry. Proven track record of successfully managing very small monetary to multi -million dollar public works and private underground projects from conception to fruition. Always welcome the opportunity to collaborate, brainstorm, and find solutions for challenging projects. EXPERIENCE Underground Superintendent at Excel Paving Company, Long Beach May 2015 — Present Review and collaborate with estimators prior to submitting bids Prepare, execute, and follow thru with projects from award of bid to project completion Create schedules and update as required Coordinate and collaborate with agencies, engineers, and subcontractors to assure project is completed in a timely manner and on budget Problem solve challenges, disputes, and plan discrepancies to find solutions not excuses Manage up to 5 separate 3-5 man crews at any given time Teach and remind foreman the importance of safety; preparing JHA's; site specific safety mtgs Experienced in pipeline; water, storm drain, and sewer, underground cast in place structures, retaining walls, beam and lagging, civil flatwork, precast retention basins/systems, drywells, railyard and airport concrete runways, bus shelters, demolition, and grading Calculate and order accurate underground materials Knowledgeable in selection of heavy equipment and shoring Project Manager at Excel Paving Company, Long Beach July 2008 — May 2015 Generate Schedules, Submittals, Subcontracts, Purchase Orders, RFI's, Billings, and Letters Hands on project manager supervising up to 3 separate 3-5 man crews Facilitated information in writing between Foreman/Superintendent and Agencies to resolve unforeseen matters, plan discrepancies, and or disputes Performed budget analysis to forecast profit and/or loss; if loss find ways to mitigate loss Recognize and notify agencies when there is a changed condition and potential for delay and additional compensation; experienced with T&M and/or lump sum payment methods Prepare and update two -week look ahead and overall baseline schedules Project Engineer at Excel Paving Company, Long Beach November 2006 — July 2008 EDUCATION BS in Business Administration (MIS), California State University Long Beach BA in Japanese, California State University Long Beach September 1998 —June 2002 CONSTRUCTION MANAGEMENT CERTIFICATIONS SWPPP QSP Certification Competent Person Trench Excavation Confined Space First Aid 1 CPR REFERENCES Rob Fiege, City of Long Beach Public Works Chief Inspector, 562 342 8814 Cesar Cantuba, City of Torrance Associate Engineer, 951 818 2179 Joe Van der Linden, City of Palos Verdes Inspector, 310 612 6573 Joe Munoz, City of Santa Monica Inspector, 310 350 9738 California Environmental Protection Agency Air Resources Board JEW#Ary 1 .1024 CERTIFICATE OF REPORTED COMPLIANCE OFF RO',kD DiEgEL WkicLa RMULATION is issued to APEQUIEPAWNT- This certificate Indicates that the fleet liged above has reported 611-road diesel. vehicles to the California Air Rebburcds Board and has pair iey-.aNt In i5prApilarbe with title f3 CCR, Iffiedtft . section 2449. All aipplip0bli vehicles vwfhW by-fili ob.mpAnY, or agericy must be reported and labeled, ki specified Irl Section 2A49; vkhall'poWtAe owpletenegs, else this certificate Is null and void CbfUjilCite!xi lp*'". - 2128/2025 Off,road Diesel Fleet Identification 868 Chm, WNW 51.fae 10MW Dildl.. To wrffy the whtf&4 011H. c.Ote. Max Iles rumbe at Califtwo)a Air Reswm bowd h"P;,j=.rb. ca.gov/doors/compliance—Ceril.himi MMNN N NM M NM N M N MMM M MMM M M N NM NNNN N N N N N N MN 111111111 U. T 11,111111016 1 11111 loll 1 11 0.0 gI E gg Q � y•�5 E12 18 a 6 r:0 E � e � � ! �8 I .1 loll '2 s 11 gIGFiS` "aa IS '" 'g �i9 ' !iFn - a g"go � O F i�y Ctb « Nil i1111 IM :s e 11 1,1 2 4 ail I !p �Hm��',a3 Say aag agsg r38�13�8 ags ag m•�i3x 8 §I$+� xlx gq s�io39s`•�� 5 �'�' , a 3�3 a 2 �'gi 3�E���aW�aa l�.:�� 3s , 8 •dto'8So'��ffi7g7nim a x��Si�Zyyg'' I r�IiSSi6 m = r516�� YI YIax YI W p Sl $ St,tPeIt8C1 oor;3 S 8 88=M RR A WOO ..1 N N $ $ N fan" gNW$ $ R �88� g gi8RpLlX f� filial ss s S'traaaaa e § _ ay. 933 3ill ]33 1 A J1.01113131311jj�� > $ pp Iq s ypq K 6666 $} 8 is i 9�j W �g� ,37$$5 6q ►- g7 +�3• � Qr i� •� � � 3ge1 dKB 'gj g.gg @E ir �d�„�T �i�d � �'�, ji�� •mu u�� e OfGi�i yysj � F l3 t��i O •�� T$j�'.i d 1i � Y• �{ gy' SmrL « ^ W go: �[ �aaL ui F d F FE rr t'1•m �ll Nil $LlR Bt R �t @�L aS 6 Win, THP ill 150111 S g g� aa pp gF City et Newport Beach Sturm Drain System Upgrades (y 148- 1). bidding on 08%26l2024 1Q00 AM (PDT) Page I ut 4 Printed 06/21W2024 Bid Results Bidder Details Vendor Name Excel Paving Address 2230 Lemon Ave Long Beach, California 90806 United States Respondee Kenneth Corry Respondee Title Senior Estimator Phone 562-599-5841 Email kcorry@excelpaving.net Vendor Type CADIR License # 688659 CADIR 1000003331 Bid Detail Bid Format Electronic Submitted 06/26/2024 9:20 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 384392 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Submittal C-9148-1 Palp Inc.pdf Bid Submittal C-9148-1 Palp Inc.pdf General Attachment 2024-06-26 Newport Beach (KC) Storm Drain.pdf 2024-06-26 Newport Beach (KC) Storm Drain.pdf Bid Bond 2024-06-26 Newport Beach (KC) Storm Drain.pdf 2024-06-26 Newport Beach (KC) Storm Drain.pdf Bid Bond PlanelBids City of Newpud Beach Stonn Drain System Upgrades f9140-1). bidding on 06/261_0_4 10.00 AM (PDT) Page 2 of 4 Printed 0/3126/2024 Subcontractors Showing 3 Subcontractors Name & Address ACE Fence Co. 727 Glendora Ave. La Puente, California 91744 Chrisp Company 2280 S. Lilac Ave. Bloomington, California 92316 V&E Tree Service P.O. Box 3280 Orange, California 92865 Desc License Num Remove and 658680 replace metal beam guardrail Replace Striping 374600 Clear & Grubb 654506 CADIR Amount Type 1000004092 $23,400.00 1000000306 $5,525.00 , CADIR 1000001936 $18,500.00' PlanetBids City or Newport Beach Storm Drain System Upgrades (9148-1), bidding on 06/26/2024 10.00 AM (PDT) Page 3 of 4 Printed O6/26/'2024 Line Items Discount Terms No Discount Item # Item Code Type Item Description UOM OTY Unit Price Line Total Response Comment Section 1 $463,828.00 1 Mobilization & Demobilization LS 1 $44,000.00 $44,000.00 Yes 2 BMP Implementation LS 1 $9,500.00 S9,500.00 Yes 3 Surveying Services LS 1 $21,000.00 $21,000.00 Yes 4 Traffic Control LS 1 $7,400.00 57,400.00 Yes 5 Clearing and Grubbing, Excavation & Grading LS 1 532,200.00 $32,200.00 Yes 6 Signing and Striping LS 1 $6,200.00 $6,200.00 Yes 7 Remove Asphalt Concrete Pavement SF 1222 $9.00 $10,998.00 Yes 8 Remove & Replace Metal Beam Guardrail and Appurtenances EA 2 $13.300.00 526,600.00 Yes 9 Construct Concrete Curb & Gutter and Local Depressions LF 54 $250.00 $13.500.00 Yes 10 Construct Portland Cement Concrete Pavement & Concrete Slurry Backfill Cy 13 $1,500.00 $19.500.00 Yes 11 Construct Concrete & Steel Slope Anchors LS 1 $16,500.00 $16,500.00 Yes 12 Construct Catch Basin EA 2 $11,400.00 $22,800.00 Yes 13 Construct Parkway Culvert EA 2 S18,300.00 $36,600.00 Yes 14 Furnish and Install 12-inch Storm Drain Aluminum Corrugated Pipe (16 ga.) LF 150 $480.00 572,000.00 Yes 15 Furnish and Install Atrium Inlet and PVC Pipe (SDR-35) - IRIS/JASMINE LS 1 $2,400.00 $2,400.00 Yes 16 Erosion Control and Landscaping Restoration LS 1 54,000.00 $4,000.00 Yes 17 Construct Asphalt Concrete Pavement SF 680 $16.00 $10,880.00 Yes 18 Furnish and Install Various Sizes of PVC Pipe (SDR-35) - PORT EDWARD LF 685 $150.00 $102,750.00 Yes 19 Provide As -Built Drawings (FIXED) LS 1 $5,000.00 55,000.00 Yes PlanetBids City of Newport Beach Stonn Drain System Upgrades (9148-1). bidding on 06/2612024 10.00 AM (PDT) Page 4 of 4 Printed 06/26/2024 Line Itern Subtotals Section Title Section 1 Grand Total Line Total $463,828.00 $463,828.00 PlanetBids STORM DRAIN SYSTEM UPGRADES CONTRACT NO. 9148-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day of July, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PALP, INC., a California corporation, doing business as ("DBA") Excel Paving Company ("Contractor"), whose address is 2230 Lemon Avenue, Long Beach, CA 90806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for Storm Drain System Upgrades: Iris Avenue & Jasmine Avenue — storm drain piping and appurtenances, pavement and curb removal and replacement,, metal beam guard rail and related minor construction; and, Port Edward Circle — pavement removal and replacement, PVC subdrain, piping and related minor construction (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9148-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Four Hundred Sixty Three Thousand Eight Hundred Twenty Eight Dollars ($463,828.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Anna Baldenegro to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. PALP, Inc. dba Excel Paving Company Page 2 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 PALP, Inc. dba Excel Paving Company Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Kenneth Corry PALP, Inc. DBA Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. PALP, Inc. dba Excel Paving Company Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774 and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any PALP, Inc. dba Excel Paving Company Page 5 subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed PALP, Inc. dba Excel Paving Company Page 6 or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. PALP, Inc. dba Excel Paving Company Page 7 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. PALP, Inc. dba Excel Paving Company Page 8 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. PALP, Inc. dba Excel Paving Company Page 9 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] PALP, Inc. dba Excel Paving Company Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: "7 / l IN By: �Aoid,(R''� a on C. Harp Cit Attorney ATTEST: Date: 70 C By: Leilani I. Brown City Clerk F4 CITY OF NEWPORT BEACH, a California municipal corporation Date: % a /zpz `/ By: ` Will O'Nei I Mayor CONTRACTOR: PALP, INC., a California corporation, doing business as ("DBA") Excel Paving Company Date: Signed in Counterpart By: Curtis Perry Brown III Chief Executive Officer Date: Signed in Counterpart By: Crissa A. Phillips Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements PALP, Inc. dba Excel Paving Company Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and vear first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: "7 % i o I a. By: A a n C. Harp C Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: PALP, INC., a California corporation, doing business as ("DBA") Excel Paving Company Date: -TLAj l 0 , -Z4) z c( By: �-- rtis Perry Brown III Chief Executive Officer Date: SIAI to 262� By: 0 A� Crissa . Phillip Assistant Secre ry [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements PALP, Inc. dba Excel Paving Company Page 11 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles } On before me, R. Covington, Notary Public , it ere Insert name and G e o e o c—er personally appeared Curtis P. Brown III and Crissa A. Phillips , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that h*dahie/they executed the same in ht C/their authorized capacity(ies), and that by I- i /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L R. COVINGTON WITNESS my hand and official seal. w t �r COMM. #?.339692 M C (��; Notary Public -California LL / LOS ANf EI ES COUNTY LL �I h4yComm. EAp!u.11;=.: ; 202A Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or descripfion of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public), • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/the}; is /are) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a Title sufficient area permits, otherwise complete a different acknowledgment form. El Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. El Other the capacity claimed by the signer. If the claimed capacity is a tl ' 1 CEO CFO S t corporate officer, mdicate re tit a (r.e. I , ecre My 2015 Version www.NoteryClasses.com 800-873-9865 9 Securely attach this document to the signed document with a staple. EXHIBIT A CITY OF NEWPORT BEACH BOND NO. K41870783 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to PALP, Inc. dba Excel Paving Company hereinafter designated as the "Principal," a contract for Storm Drain System Upgrades: Iris Avenue & Jasmine Avenue — storm drain piping and appurtenances, pavement and curb removal and replacement, metal beam guard rail and related minor construction; and, Port Edward Circle — pavement removal and replacement, PVC subdrain, piping and related minor construction, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Federal Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Sixty Three Thousand Eight Hundred Twenty Eight Dollars ($463,828.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as PALP, Inc. dba Excel Paving Company Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 1oth day of July , 20 24 . PALP Inc, dba Excel Paving Company Name of Contractor (Principal) Federal Insurance Company Name of Surety 555 S. Flower Street, 3rd Floor Los Angeles, CA 90071 Address of Surety 213-612-5574 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:, B; Aa on C. Harp City Attorney Authorized Signature/Title Cyrtis P. Brown, III, President Authoriza Agent Signature Douglas A. Rapp, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED PALP, Inc. dba Excel Paving Company Page A-2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On Ib Z,Dz before me, Myisha Monique Riven, Notary Public , Notary Public, (Here insert name and title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a)O subscribed to the within instrument and acknowledged to me that he/s)e/tlAy executed the same in his/*/tb* authorized capacity(ies), and that by his/l*/th* signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of N11tary Public MYISHA MONIQUE RIVEN m COMM. #2377053 n Notary Public -California 9) LL LOS ANGELES COUNTY LL (Notary Seal) My Comm. Expires Sep 30, 2025 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notaly in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /ate ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. - All Rights Reserved www.TheProLinkcam - Nationwide Notary Service ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On July 10, 2024 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp , who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(z) is/em subscribed to the within instrument and acknowledged to me that heheheA4W executed the same in hisfheAN-e-r authorized capacity*w), and that by his>'he*heir signature(a) on the instrument the person(a), or the entity upon behalf of which the person(-&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. EPr °FTNF� DEBRA SWANSON WITNESS my hand and official seal. N �P COMM. # 2335630 70 w -r 4 o NOTARY PUBLIC-CALIFORNIA it = ORANGE COUNTY N W COMM, EXR NOV 10, 2024 Signature(Seal) CHUBB` Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Ladera Ranch, California----------------------------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this ilw day of April 2024. Rupert HD Swindells. Assistant secretary *f(DaNg seni- '� STATE OF NEW JERSEY County of Hunterdon Warren Eicllhca•n.1'icePrt-sident Q �104 4 %-,c, okx�i': -,t On this ilw day of AprH, 2022 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, tome known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Eichhorn, being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal p'TAgf� t c T G e y uec+` Albert Cantumi NOTARY PUBLIC OF NEW JERSEY No 50202369 Cammiasion Expires August 22,2027 Notary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments ofthe Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal ofthe Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal ofthe Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in - fact of the Company with full power and authorityto execute, for and on behalfofthe Company, under the seal ofthe Companyor otherwise, such Written Commitments ofthe Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer ofthe Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or byspecification ofone or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement ofthe powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this July 10, 2024 Rupee HD Swindells,. Assistant Secretary IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone 906903-3493 Fax 908 903-3656 e-mail: surety@chubb.com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) 6!; �4 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. K41870783 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2.296.00 , being at the rate of $ Varies thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to PALP, Inc., dba Excel Paving Company hereinafter designated as the "Principal," a contract for Storm Drain System Upgrades: Iris Avenue & Jasmine Avenue — storm drain piping and appurtenances, pavement and curb removal and replacement, metal beam guard rail and related minor construction; and, Port Edward Circle — pavement removal and replacement, PVC subdrain, piping and related minor construction, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Federal Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Sixty Three Thousand Eight Hundred Twenty Eight Dollars ($463,828.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond: otherwise phis obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. PALP, Inc. dba Excel Paving Company Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 10tn day of July 20 24 . PALP Inc, dba Excel Paving Company Name of Contractor (Principal) Federal Insurance Company Name of Surety 555 S. Flower Street, 3rd Floor Los Angeles, CA 90071 Address of Surety 213-612-5574 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7 / i G• Al `( By: A6rlon C. Harp �'hs Citt Attorney /zt�� AAAXthorized Signature/Title /Curtis P. Brown, III, President Q L Authoriz Agent Signature Douglas A. Rapp, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED PALP, Inc. dba Excel Paving Company Page B-2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On - uAY 10 Z-0 jf before me, Myisha Monique Riven, Notary Public , Notary Public, (Here insert name and title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a)k subscribed to the within instrument and acknowledged to me that he/sale/t* executed the same in his/t*/tb* authorized capacity(ies), and that by his/*/th* signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of No ry Public MYISHA MONIQUE RIVEN n COMM. #2377053 M Notary Public -California U. r>, LOS ANGELES COUNTY a (Notary Seal) • My Comm. Expires Sep 30, 2025 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/theme is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. - All Rights Reserved www.TheProLink.com - Nationwide Notary Service ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) C0Ti1 July 10, 2024 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(z) isl"M subscribed to the within instrument and acknowledged to me that heA@4@Ahey executed the same in his# it authorized capacity*w), and that by his# m4*Hek signature( -a) on the instrument the person(s), or the entity upon behalf of which the person(-@) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. B��OF T�F DEBRA SVVANSON WITNESS my hand and official seal. N v �a COMM. # 2335630 o NOTARY PUBLICGCAUFORNIA M xr ORANGE COUNTY MY COMM, EXR NOV 10, 2024 Signature �, ��/Y�r� (Seal) CHUBS" Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACEAMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Ladera Ranch, California----------------------------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 11th day of April 2024. Rupert HD Siviodelts. Assistant Secretary Ifli f q� r% sent ` STATE OF NEW JERSEY County ofHunterdon 55. Warren Eichhorn. Vice President ! v, .- . 0 (0( tau✓ rw'' 4-4 I— VI this llw day of AprH, 2022 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, tome known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Eichhorn, being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal a Albert Cuntursi NOTARY PUBLIC OF NEW JERSEY No 5/1202369 Commission Expires August 22,2027 Notary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalfofthe Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course ofbusiness (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfofthe Company, to appoint in writing any person the attorney -in - fact of the Company with full power and authority to execute, for and on behalfofthe Company, under the seal ofthe Company or otherwise, such Written Commitments ofthe Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfof the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalfofthe Company, and such Resolution shall not limitor otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this July 10, 2024 ���♦ J � � �s Vj♦F *114W�l •.rw` ii Rupert HD Swindells. Assistant Secretary IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone 908 903-3493 Fax 908 903-3656 e-mail: suretyC@chubb.com Combined: FED-VIG-PI-WRC-AAIC (rev. 11-19) EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from PALP, Inc. dba Excel Paving Company Page C-1 premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than five million dollars ($5,000,000) combined single limit for each accident. D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. PALP, Inc. dba Excel Paving Company Page C-2 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers shall be included as additional insureds under such policies. C. Primary and Non -Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person PALP, Inc. dba Excel Paving Company Page C-3 authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. PALP, Inc. dba Excel Paving Company Page C-4 E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. PALP, Inc. dba Excel Paving Company Page C-5 J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. PALP, Inc. dba Excel Paving Company Page C-6 i rn UI j 0o CL J �' ,o U � tb Q c co W U M C l rn I I jl i I I i I N U I I I I i i I I I I I i I I � I I I I I i I as AM Z ro ! O c ar n J a c w L� (` - III cti c C�J c U 0) i I i i f it i C y I � im � I � 1 E, iy (� " 6) r iL '', m. � e ry Cyr I a. I I �cys po 70� I ❑ � � i v � I Qr C '4 tV Z u] I w 4 U o G7 `Cro Y Ea c°a � b CS G) y ❑ � i i